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Federal judge bars Fla. law on Cuba travel bond
October 02, 2008
A Florida law that would make it more expensive for travel agents to book trips to Cuba is likely unconstitutional, a federal judge ruled Wednesday.U.S. District Judge Alan S. Gold issued a preliminary injunction that prevents Florida from enforcing the law, saying it likely violates the constitutional mandate that federal, rather than state, officials are responsible for foreign policy. The new law requires travel agencies to post a $250,000 bond when registering with the state if they book direct trips to Cuba. Travel agencies that book trips to other places are also required to post bonds when they first register, but those are much lower.
The injunction is in effect until a trial on the law's constitutionality, which has not been scheduled. Terence McElroy, a spokesman for the Florida Department of Agriculture and Consumer Services, said Gold's injunction essentially extends a temporary restraining order issued July 1.Agencies that book trips to Cuba argue that the law discriminates against them because it would drive up their costs, but Republican state Rep. David Rivera of Miami, who sponsored the measure, said the state was within its right