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Judge:New Cuban Travel Law Likely Unconstitutional

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Oct 1, 2008 1:51 pm US/Eastern

Judge:New Cuban Travel Law Likely Unconstitutional

Law Took Affect In July

  A federal judge says a new Florida law requiring travel agents who book trips to Cuba to post a higher bond is likely unconstitutional and, for now, cannot be enforced.

U.S. District Judge Alan S. Gold issued a preliminary injunction against the law, saying it likely violates the constitutional mandate that the federal government is responsible for foreign policy, not the states. Wednesday's injunction would be in effect until a trial on the law's constitutionality is held.

The law would force the agencies to put up a $250,000 state bond if they book tours to Cuba. That's on top of an existing federal bond.

The law affects only those vendors that sell direct trips to nations that sponsor terrorism. In Florida, that means Cuba. The law took effect July first. 

It was sponsored by Republican State Representative David Rivera. He hoped it would cut down on travel fraud, provide greater homeland security and deny resources to the Cuban government.

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