reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 554 - Boiler Safety › 554.115 - Disciplinary Proceedings.

554.115 Disciplinary proceedings.—
(1) The department may deny, refuse to renew, suspend, or revoke a certificate of operation upon proof that:
(a) The certificate has been obtained by fraud or misrepresentation;
(b) The boiler for which the certificate was issued cannot be operated safely;
(c) The person who received the certificate willfully or deliberately violated the State Boiler Code, this chapter, or any other rule adopted pursuant to this chapter; or
(d) The owner of a boiler:
1. Operated a boiler at a public assembly location without a valid certificate of operation for that boiler;
2. Used a certificate of operation for a boiler other than the boiler for which the certificate of operation was issued;
3. Gave false or forged information to the department, to an authorized inspection agency, or to another boiler inspector for the purpose of obtaining a certificate of operation;
4. Operated a boiler after the certificate of operation for the boiler expired, was not renewed, or was suspended or revoked;
5. Operated a boiler that is in an unsafe condition; or
6. Operated a boiler in a manner that is contrary to the requirements of this chapter or any rule adopted under this chapter.
(2) The department may deny, refuse to renew, suspend, or revoke a certificate of competency upon proof that:
(a) The certificate was obtained by fraud or misrepresentation;
(b) The inspector to whom the certificate was issued is no longer qualified under this chapter to inspect boilers; or
(c) The boiler inspector:
1. Gave false or forged information to the department, to an authorized inspection agency, or to another boiler inspector for the purpose of obtaining a certificate of operation; or
2. Inspected any boiler regulated under this chapter without having obtained a valid certificate of competency.
(3) Each suspension of a certificate of operation or certificate of competency shall continue in effect until all violations have been corrected and, for boiler safety violations, until the boiler has been inspected by an authorized inspector and shown to be in a safe working condition.
(4) A revocation of a certificate of competency is permanent, and a revoked certificate of competency may not be reinstated or a new certificate of competency issued to the same person. A suspension of a certificate of competency continues in effect until all violations have been corrected.
History.—s. 15, ch. 87-361; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 2, ch. 2000-370; s. 16, ch. 2017-175; s. 81, ch. 2018-110.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 554 - Boiler Safety › 554.1151 - Administrative Fine in Lieu of or in Addition to Suspension, Revocation, or Refusal to Renew a Certificate of Operation or Competency.

554.1151 Administrative fine in lieu of or in addition to suspension, revocation, or refusal to renew a certificate of operation or competency.—
(1) If the department finds that one or more grounds exist for the suspension, revocation, or refusal to renew any certificate of operation or certificate of competency issued under this chapter, the department may, in its discretion, in lieu of or in addition to suspension or revocation or in lieu of refusal to renew, impose upon the certificateholder an administrative penalty in an amount up to $500, or, if the department has found willful misconduct or willful violation on the part of the certificateholder, in an amount up to $3,500.
(2) The department may allow the certificateholder a reasonable period, no more than 30 days, within which to pay to the department the amount of the penalty so imposed. If the certificateholder fails to pay the penalty in its entirety to the department within the period so allowed, the certificate of that person must be suspended until the penalty is paid. If the certificateholder fails to pay the penalty in its entirety to the department within 90 days after the period so allowed, the certificate of that person must be revoked.
History.—s. 17, ch. 2017-175.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 556 - Underground Facility Damage Prevention and Safety › 556.101 - Short Title; Legislative Intent.

556.101 Short title; legislative intent.—
(1) This chapter may be cited as the “Underground Facility Damage Prevention and Safety Act.”
(2) It is the intent of the Legislature to provide access for excavating contractors and the public to provide notification to the system of their intent to engage in excavation or demolition. This notification system shall provide the member operators an opportunity to identify and locate their underground facilities. Under this notification system, Sunshine State One-Call of Florida, Inc., is not required or permitted to locate or mark underground facilities.
(3) It is the purpose of this chapter to:
(a) Aid the public by preventing injury to persons or property and the interruption of services resulting from damage to an underground facility caused by excavation or demolition operations.
(b) Create a not-for-profit corporation comprised of operators of underground facilities in this state to administer this chapter.
(c) Fund the cost of administration through contributions from the member operators for services provided to the member operators and from charges made to others for services requested and provided, such as record searches, education or training, and damage prevention activities.
(d) Reserve to the state the power to regulate any subject matter specifically addressed in this chapter. Municipalities, counties, districts, or other local governments may not adopt or enforce ordinances or rules that conflict with this chapter or that prescribe any of the following:
1. Require operators of underground facilities to obtain permits from local governments in order to identify underground facilities.
2. Require premarking or marking.
3. Specify the types of paint or other marking devices that are used to identify underground facilities.
4. Require removal of marks.
(e) Permit any local law enforcement officer, local government code inspector, or code enforcement officer to enforce this chapter without the need to incorporate the provisions of this chapter into any local code or ordinance.
(f) Foster the awareness of federal laws and regulations that promote safety with respect to underground facilities, including, but not limited to, the Federal Pipeline Safety Act of 1968, as amended, the Pipeline Safety Improvement Act of 2002, OSHA Standard 1926.651, and the National Electric Safety Code, ANSI C-2, by requiring and facilitating the advance notice of activities by those who engage in excavation or demolition operations.
(4) It is not the purpose of this chapter to amend or void any permit issued by a state agency for placement or maintenance of facilities in its right-of-way.
History.—s. 1, ch. 93-240; s. 1, ch. 97-306; s. 1, ch. 2002-234; s. 1, ch. 2006-138; s. 1, ch. 2010-100.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 556 - Underground Facility Damage Prevention and Safety › 556.103 - Creation of the Corporation; Establishment of the Board of Directors; Authority of the Board; Annual Report.

556.103 Creation of the corporation; establishment of the board of directors; authority of the board; annual report.—
(1) The “Sunshine State One-Call of Florida, Inc.,” is created as a not-for-profit corporation. Each operator of an underground facility in this state shall be a member of the corporation and shall use and participate in the system. The corporation shall administer the provisions of this chapter. The corporation shall exercise its powers through a board of directors established pursuant to this section.
(2) The membership of the corporation shall elect a board of directors to administer the system.
(3) The corporation, through the board of directors, shall have the authority to assess the member operators to fund the system.
(4) The board of directors shall file with the Governor, not later than 60 days before the convening of each regular session of the Legislature, an annual progress report on the operation of the system, which must include a summary of the reports to the system from the clerks of court.
(5) The board of directors shall submit to the President of the Senate, the Speaker of the House of Representatives, and the Governor, not later than 60 days before the convening of each regular session of the Legislature, an annual progress report on the participation by municipalities and counties in the one-call notification system created by this chapter. The report must include a summary of the reports to the system from the clerks of court, a summary of the damage reporting data received by the system under s. 556.105(12) for the preceding year, and any analysis of the data by the board of directors.
History.—s. 3, ch. 93-240; s. 3, ch. 97-306; s. 3, ch. 2006-138; s. 2, ch. 2010-100; s. 1, ch. 2017-102.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 556 - Underground Facility Damage Prevention and Safety › 556.104 - Free-Access Notification System.

556.104 Free-access notification system.—The corporation shall maintain a free-access notification system. Any person who furnishes or transports materials or services by means of an underground facility in this state shall participate as a member operator of the system. The purpose of the system is to receive notification of planned excavation or demolition activities and to notify member operators of the planned excavation or demolition activities. The system shall provide a single toll-free telephone number within this state which excavators can use to notify member operators of planned excavation or demolition activities, and the system may also provide additional modes of access at no cost to the user.
History.—s. 4, ch. 93-240; s. 4, ch. 97-306; s. 3, ch. 2002-234; s. 4, ch. 2006-138.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 556 - Underground Facility Damage Prevention and Safety › 556.109 - Emergency Excavations or Demolitions Attempted; Exception.

556.109 Emergency excavations or demolitions attempted; exception.—
(1) This act does not apply to making an excavation or demolition during an emergency if the system or the member operator was notified at the earliest opportunity and all reasonable precautions had been taken to protect any underground facility. For the purposes of this act, “emergency” means any condition constituting a clear and present danger to life or property; a situation caused by the escape of any substance transported by means of an underground facility; any interruption of vital public service or communication caused by any break or defect in a member operator’s underground facility; or, in the case of the State Highway System or streets or roads maintained by a political subdivision or underground facilities owned, operated, or maintained by a political subdivision, if the use of such highways, streets, roads, or underground facilities is, in the sole judgment of the Department of Highway Safety and Motor Vehicles, the Department of Transportation, or such political subdivision, impaired by an unforeseen occurrence that necessitates repair beginning immediately after such occurrence.
(2) An excavator shall not notify the system that there is an emergency unless the excavator reasonably believes that the intended excavation or demolition is due to a situation or condition as defined in subsection (1).
History.—s. 9, ch. 93-240; s. 4, ch. 96-172; s. 6, ch. 2010-100.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 556 - Underground Facility Damage Prevention and Safety › 556.110 - Costs Assessed Among Member Operators.

556.110 Costs assessed among member operators.—Member operators shall proportionately share in the cost of operating the system through monthly assessments made upon each member operator.
History.—s. 10, ch. 93-240; s. 7, ch. 97-306; s. 7, ch. 2010-100.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 556 - Underground Facility Damage Prevention and Safety › 556.111 - Applicability to Existing Law.

556.111 Applicability to existing law.—Nothing in this act shall be construed to:
(1) Constitute the establishment or enlargement of any rights to the use of real property or create an interest therein for the placement, construction, repair, maintenance, relocation, or excavation or demolition of any underground facility;
(2) Waive any right of a party having an interest in real property to charge any fee for the use regarding such property; or
(3) Preempt a governmental member operator from reasonable regulation of its right-of-way. This subsection does not exempt a municipality, county, district, or other local governmental member operator from the provisions of this chapter that apply to the member operator.
History.—s. 11, ch. 93-240; s. 9, ch. 2006-138.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 556 - Underground Facility Damage Prevention and Safety › 556.112 - Design Services.

556.112 Design services.—
(1) Each member operator shall provide to the system annually, and shall thereafter keep current, the contact names and telephone numbers of individuals who may be contacted by design engineers, architects, surveyors, and planners for the purpose of responding to requests for design services.
(2) Each member operator shall provide to the system annually, and shall thereafter keep current, a list of fees applicable to each type of design service that each member operator chooses to offer to design engineers, architects, surveyors, and planners.
(3) Each member operator, within 20 business days after receipt of the fee provided for in subsection (2), shall either respond to a request for design services, if the member operator chooses to provide the services requested, or shall notify the party requesting services that the services will not be provided.
(4) This section shall not apply to any state agency, municipality, or county, or contractors, consultants, agents, or persons or firms acting under their authority, in the planning, preparing, or performance of work in their right-of-way. This section shall not limit or expand any existing law governing the process a state agency, municipality, or county uses to request design services from member operators or the responsibility for providing or paying for such services.
History.—s. 7, ch. 2002-234; s. 108, ch. 2005-2.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 556 - Underground Facility Damage Prevention and Safety › 556.113 - Sunshine State One-Call of Florida, inc.; Public Records Exemption.

556.113 Sunshine State One-Call of Florida, Inc.; public records exemption.—
(1) As used in this section, the term “proprietary confidential business information” means information provided by:
(a) A member operator which is a map, plan, facility location diagram, internal damage investigation report or analysis, dispatch methodology, or trade secret as defined in s. 688.002, or which describes the exact location of a utility underground facility or the protection, repair, or restoration thereof, and:
1. Is intended to be and is treated by the member operator as confidential;
2. The disclosure of which would likely be used by a competitor to harm the business interests of the member operator or could be used for the purpose of inflicting damage on underground facilities; and
3. Is not otherwise readily ascertainable or publicly available by proper means by other persons from another source in the same configuration as provided to Sunshine State One-Call of Florida, Inc.
(b) An excavator in an internal damage investigation report or analysis relating to damage to underground utility facilities, and:
1. Is intended to be and is treated by the excavator as confidential;
2. The disclosure of which would be reasonably likely to be used by a competitor to harm the business interests of the excavator or could be used for the purpose of inflicting damage on underground facilities; and
3. Is not otherwise readily ascertainable or publicly available by proper means by other persons from another source in the same configuration as provided to Sunshine State One-Call of Florida, Inc.
(2) Proprietary confidential business information held by Sunshine State One-Call of Florida, Inc., for the purpose of describing the extent and root cause of damage to an underground facility or using the member ticket management software system is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
History.—s. 1, ch. 2007-101; s. 1, ch. 2012-221.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 556 - Underground Facility Damage Prevention and Safety › 556.114 - Low-Impact Marking Practices.

556.114 Low-impact marking practices.—
(1) An excavator providing notice under s. 556.105(1)(a) shall identify in its notice only the area that will be excavated during the period that the information in such notice is considered valid under s. 556.105(1)(c).
(2) When an excavator has not completed an excavation noticed under s. 556.105(1)(a) within the period that the information in the notice is considered valid under s. 556.105(1)(c), the excavator must provide a subsequent notice to the system under s. 556.105(1)(a) to continue with the excavation, and such subsequent notice shall identify only the remaining area to be excavated.
(3) When an excavation site cannot be described in information provided under s. 556.105(1)(a) with sufficient particularity to enable the member operator to ascertain the excavation site, and if the excavator and member operator have not mutually agreed otherwise, the excavator shall premark the proposed area of the excavation before a member operator is required to identify the horizontal route of its underground facilities in the proximity of any excavation. However, premarking is not required when the premarking could reasonably interfere with traffic or pedestrian control.
(4) A member operator shall identify the horizontal route of its underground facilities as set forth in s. 556.105(5)(a) and (b), and excavators shall premark an excavation site as set forth in subsection (3) using flags or stakes or temporary, nonpermanent paint or other industry-accepted low-impact marking practices.
(5) Any horizontal route-identification marker must be in a color identified in the Uniform Color Code for Utilities.
(6) Sunshine State One-Call of Florida, Inc., shall establish an educational program for the purpose of informing excavators and member operators about low-impact marking practices.
History.—s. 8, ch. 2010-100.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 556 - Underground Facility Damage Prevention and Safety › 556.115 - Alternative Dispute Resolution.

556.115 Alternative dispute resolution.—
(1) Sunshine State One-Call of Florida, Inc., shall create a voluntary alternative dispute resolution program. The program shall be available to all member operators, excavators, and other stakeholders, such as locators, utility service users, and governmental or quasi-governmental entities, for purposes of resolving disputes arising from excavation activities, including, but not limited to, loss of services, down time, delays, loss of use of facilities during restoration or replacement, and similar economic disruptions, exclusive of penalties imposed under other provisions of this act.
(2) The alternative dispute resolution program created by Sunshine State One-Call of Florida, Inc., shall include mediation, arbitration, or other appropriate processes, including the use of the services of the Division of Administrative Hearings.
(3) The costs of using the program shall be borne by the voluntary users, and the voluntary users shall choose the form of alternative dispute resolution to be used. If arbitration is used, the users shall decide whether the arbitration will be binding.
(4) Unless binding arbitration is the chosen method of alternative dispute resolution, the users or any one of such users may end the process at any time and exercise the right to proceed in a court of competent jurisdiction or before the Division of Administrative Hearings.
(5) This section does not change the basis for civil liability for damages.
History.—s. 9, ch. 2010-100.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 556 - Underground Facility Damage Prevention and Safety › 556.117 - Underground Facility Damage Prevention and Enforcement Review.

556.117 Underground facility damage prevention and enforcement review.—Sunshine State One-Call of Florida, Inc., shall review the reports submitted by the clerks of court to the State Fire Marshal and any complaints of an alleged violation under this chapter to identify issues or potential issues with damage prevention and enforcement. The corporation shall identify areas in the state where additional education related to damage prevention and enforcement is needed and shall recommend solutions to remedy issues related to damage prevention and enforcement. The corporation shall, by October 1 of each year, submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives an analysis of its reviews and any recommendations for improving underground facility damage prevention and enforcement.
History.—s. 5, ch. 2020-137.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 558 - Construction Defects › 558.001 - Legislative Findings and Declaration.

558.001 Legislative findings and declaration.—The Legislature finds that it is beneficial to have an alternative method to resolve construction disputes that would reduce the need for litigation as well as protect the rights of property owners. An effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor, subcontractor, supplier, or design professional that the claimant asserts is responsible for the defect, and should provide the contractor, subcontractor, supplier, or design professional, and the insurer of the contractor, subcontractor, supplier, or design professional, with an opportunity to resolve the claim through confidential settlement negotiations without resort to further legal process.
History.—s. 1, ch. 2003-49; s. 1, ch. 2004-342; s. 1, ch. 2006-281; s. 1, ch. 2015-165.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 558 - Construction Defects › 558.003 - Action; Compliance.

558.003 Action; compliance.—A claimant may not file an action subject to this chapter without first complying with the requirements of this chapter. If a claimant files an action alleging a construction defect without first complying with the requirements of this chapter, on timely motion by a party to the action the court shall stay the action, without prejudice, and the action may not proceed until the claimant has complied with such requirements. The notice requirement is not intended to interfere with an owner’s ability to complete a project that has not been substantially completed. The notice is not required for a project that has not reached the stage of completion of the building or improvement.
History.—s. 3, ch. 2003-49; s. 3, ch. 2004-342; s. 2, ch. 2009-203.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 558 - Construction Defects › 558.0035 - Design Professionals; Contractual Limitation on Liability.

558.0035 Design professionals; contractual limitation on liability.—
(1) A design professional employed by a business entity or an agent of the business entity is not individually liable for damages resulting from negligence occurring within the course and scope of a professional services contract if:
(a) The contract is made between the business entity and a claimant or with another entity for the provision of professional services to the claimant;
(b) The contract does not name as a party to the contract the individual employee or agent who will perform the professional services;
(c) The contract includes a prominent statement, in uppercase font that is at least 5 point sizes larger than the rest of the text, that, pursuant to this section, an individual employee or agent may not be held individually liable for negligence;
(d) The business entity maintains any professional liability insurance required under the contract; and
(e) Any damages are solely economic in nature and the damages do not extend to personal injuries or property not subject to the contract.
(2) As used in this section, the term “business entity” means any corporation, limited liability company, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in this state.
History.—s. 2, ch. 2013-28.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part I - Trading Stamps (Ss. 559.01-559.06) › 559.01 - Definitions.

559.01 Definitions.—As used in this part:
(1) The term “trading stamp” means any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount or for any other marketing purpose, which entitles the rightful holder, on its due presentation for redemption, to receive merchandise, service, or cash. This term, however, shall not mean any redeemable device used by the manufacturer or packer of an article, in advertising or selling it, or any redeemable device issued and redeemed by a newspaper, magazine or other publication.
(2) The term “trading stamp company” means any person engaged in distributing trading stamps for retail issuance by others, or in redeeming trading stamps for retailers, in any way or under any guise.
(3) The term “person” means any individual, partnership, corporation, association, or other organization.
History.—s. 1, ch. 59-311.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part I - Trading Stamps (Ss. 559.01-559.06) › 559.02 - Fraud; false representation and lotteries prohibited.

559.02 Fraud; false representation and lotteries prohibited.—No trading stamp company shall commit any fraud or shall make any false representation or shall resort to any lottery, in distributing or redeeming trading stamps in this state.
History.—s. 2, ch. 59-311.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part I - Trading Stamps (Ss. 559.01-559.06) › 559.03 - Declared face value; redemption.

559.03 Declared face value; redemption.—No trading stamp company shall distribute trading stamps in this state or shall redeem trading stamps hereafter issued therein unless each stamp has legibly printed upon its face in cents or any fraction thereof a cash value determined by the company, and the rightful holders may, at their option, redeem the stamps in cash when duly presented to the company for redemption in a number having an aggregate cash value of not less than 25 cents.
History.—s. 3, ch. 59-311.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part I - Trading Stamps (Ss. 559.01-559.06) › 559.06 - Penalties for violations.

559.06 Penalties for violations.—Any person violating any provision of this part shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083, and the circuit court shall have jurisdiction in equity on the complaint of any interested person to restrain and enjoin the violation of any of said provisions.
History.—s. 6, ch. 59-311; s. 552, ch. 71-136.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part II - Budget Planning (Ss. 559.10-559.13) › 559.10 - Definition; “budget planning.”

559.10 Definition; “budget planning.”—
(1) The term “budget planning” as used in this part shall mean the act of entering into a contract by any person, firm, corporation, or association with a particular debtor by the terms of which contract the debtor agrees to deposit periodically with such person, firm, corporation, or association a specified sum of money and said person, firm, corporation, or association agrees to distribute said sum of money among specified creditors of the debtor in accordance with an agreed plan for which service the debtor agrees to pay a valuable consideration.
(2) The term “budget planning” does not include the following:
(a) The act of entering into a contract for services by any person, firm, corporation, or association with a particular mortgagor by the terms of which contract the mortgagor agrees to periodically deposit with such person, firm, corporation, or association, a specified sum of money and said person, firm, corporation, or association agrees to utilize said deposits to accelerate payments on a single mortgage loan of the mortgagor.
(b) Other activities defined by rule of the Financial Services Commission as not within the prohibition of this part, provided such rule is adopted after a finding that consumers are adequately protected in the activity and that its prohibition is not required in the public interest.
History.—s. 1, ch. 59-345; s. 5, ch. 90-104; s. 671, ch. 2003-261; s. 81, ch. 2013-18.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part II - Budget Planning (Ss. 559.10-559.13) › 559.11 - Budget planning prohibited.

559.11 Budget planning prohibited.—No person, firm, corporation, or association shall engage in the business of budget planning as defined in s. 559.10; provided, the provisions of this part shall not be construed to affect any contract for services to facilitate accelerated payment of a mortgage loan.
History.—s. 2, ch. 59-345; s. 6, ch. 90-104; s. 82, ch. 2018-110.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part II - Budget Planning (Ss. 559.10-559.13) › 559.12 - Exceptions.

559.12 Exceptions.—
(1) “Person” as used in this part shall not include a person actively practicing law in Florida and who is also admitted to The Florida Bar, and any person who is currently a member of The Florida Bar.
(2) “Firm” as used in this part shall not include a partnership, all the members of which are admitted to practice law in this state, and who are current members of The Florida Bar.
History.—s. 3, ch. 59-345.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part II - Budget Planning (Ss. 559.10-559.13) › 559.13 - Penalty.

559.13 Penalty.—Whoever either individually or as an officer, director or employee of a person, firm, corporation or association, violates the provisions of this part shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 4, ch. 59-345; s. 553, ch. 71-136.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part III - Fire and Going-Out-of-Business Sales and Auctions (Ss. 559.20-559.27) › 559.20 - Definitions.

559.20 Definitions.—In construing this part, and each and every word, phrase or part thereof, where the context will permit, the definitions contained in s. 1.01, shall be applicable, and:
(1) “Fire and other altered goods sale” is a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water, or other means.
(2) “Going-out-of-business sale” is a sale held out in such a manner as to reasonably cause the public to believe that upon the disposal of the stock of goods on hand the business will cease and be discontinued, including but not limited to the following sales: Adjusters, adjustment, alteration, assignees, bankrupt, benefit of administrators, benefit of creditors, benefit of trustees, building coming down, closing, creditor’s committee, creditors, end, executors, final days, forced out of business, insolvents, last days, lease expires, liquidation, loss of lease, mortgage sale, receiver’s, trustees, quitting business, removal. Any sale using any of the foregoing words or words of similar import, at the conclusion of which sale the business will not cease and be discontinued, and not publishing that fact or the qualified nature of said sale with equal prominence with each advertisement of such sale, shall be deemed to be a going-out-of-business sale.
(3) “Goods” is meant to include any goods, wares, merchandise, or other property capable of being the object of a sale regulated hereunder.
(4) “Person” is any person, firm, partnership, association, corporation, company, or organization of any kind.
(5) The words “publish,” “publishing,” “advertising” and “advertisement” shall include any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by written notice, by printed display, by billboard display, by poster, by radio announcement, and any and all means including oral, written, or printed.
(6) The word “shall” is always mandatory and not merely directory.
History.—s. 1, ch. 59-292.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part III - Fire and Going-Out-of-Business Sales and Auctions (Ss. 559.20-559.27) › 559.21 - Regulation of sales.

559.21 Regulation of sales.—
(1) A person may not publish or conduct any sale of the type herein defined without a permit therefor. Such permit shall be issued by the tax collector, upon written application and verified by the person who, or by an officer of the corporation which intends to conduct such sale. Such application shall contain a description of the place where such sale is to be held, the nature of the occupancy, and whether by lease or sublease and the effective date of termination of such occupancy, the means to be employed in publishing such sale. Such application shall further contain, as part thereof, an itemized list of the goods, wares, and merchandise to be offered for sale.
(2) Upon receipt of such application and payment of the fee prescribed in s. 559.23, the tax collector shall examine the same, and may make such investigation as she or he may deem proper. The tax collector shall determine if the person or corporation that intends to conduct the sale owes any taxes with respect to the goods to be offered for sale. The tax collector may not issue a permit to such person or corporation until all delinquent taxes on such goods have been paid. If after such investigation she or he is satisfied as to the truth of the statements contained in such application, the tax collector may issue a license permitting the publication and conduct of such sale on the following terms:
(a) The permit shall authorize the sale described in the application for a period of not more than 60 consecutive days, counting Sundays and legal holidays following the issuance thereof.
(b) The permit shall authorize only the one type of sale described in the application at the location named therein.
(c) The permit shall authorize only the sale of goods described in the inventory attached to the application.
(d) Upon being issued a permit hereunder for a going-out-of-business sale, the permittee shall surrender to the tax collector all other business licenses she or he may hold at that time applicable to the location and goods covered by the application for a permit under this part, which license or licenses shall be transmitted by the tax collector to the licensing authority for cancellation.
(e) Any permit herein provided for shall not be assignable or transferable.
History.—s. 2, ch. 59-292; ss. 12, 35, ch. 69-106; s. 198, ch. 77-104; s. 1, ch. 93-82; s. 37, ch. 95-312; s. 811, ch. 97-103.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part III - Fire and Going-Out-of-Business Sales and Auctions (Ss. 559.20-559.27) › 559.22 - Duties of permittee.

559.22 Duties of permittee.—A permittee under this part shall:
(1) Make no additions whatsoever, during the period of authorized sale, to the stock of goods set forth in the inventory attached to the application for permit.
(2) Specify the registration or permit number of the permit issued by the tax collector within any advertising of the sale.
(3) Refrain from employing any untrue, deceptive or misleading advertising.
(4) Conduct the authorized sale in strict conformity with any advertising or holding out incident thereto.
History.—s. 2, ch. 59-292; s. 2, ch. 93-82.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part III - Fire and Going-Out-of-Business Sales and Auctions (Ss. 559.20-559.27) › 559.23 - Fees.

559.23 Fees.—Upon filing an application for a permit to advertise and conduct a sale, or special sale, the applicant shall pay to the tax collector a fee in the sum of $50 which shall be deemed income of his or her office. If an application is disapproved, such payment shall be retained as and for the cost of investigating the statements contained in such application, and the applicant.
History.—s. 3, ch. 59-292; s. 11, ch. 83-255; s. 3, ch. 93-82; s. 812, ch. 97-103.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part III - Fire and Going-Out-of-Business Sales and Auctions (Ss. 559.20-559.27) › 559.24 - Enforcement.

559.24 Enforcement.—
(1) Upon commencement of a sale, the permit issued shall be prominently displayed near the entrance to the premises. Duplicate originals of the application, the stock list pursuant to which the permit was issued, and the permit shall be forwarded to the tax collector, who may examine all merchandise in the premises for comparison with the stock list.
(2) All advertisements or advertising and the language contained therein must be in accordance with the purpose of the sale as stated in the application pursuant to which a permit was issued, and the wording of such advertisements may not vary from the wording as indicated in the application. Such advertising must contain a statement in these words and no others:
Sale held pursuant to   County,   sale No.   granted the   day of  , (in such blank spaces shall be indicated the type of sale, the permit number and the requisite dates.)
(3) Suitable books and records as prescribed by the tax collector shall be kept by the permittee and shall during business hours be available to the sheriff. At the close of business each day the stock list attached to the application shall be revised and those items disposed of during such day shall be so marked thereon.
History.—s. 4, ch. 59-292; ss. 12, 35, ch. 69-106; s. 4, ch. 93-82; s. 38, ch. 95-312.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part III - Fire and Going-Out-of-Business Sales and Auctions (Ss. 559.20-559.27) › 559.25 - Exemptions.

559.25 Exemptions.—The provisions of this part shall not apply to or affect the following persons:
(1) Persons acting pursuant to an order or process of a court of competent jurisdiction.
(2) Persons acting in accordance with their powers and duties as public officers such as sheriffs and marshals, and similar public officers.
(3) Duly licensed auctioneers, selling at auction.
(4) Persons holding licenses or permits duly issued to conduct such sales by municipalities having municipal ordinances similar to this part.
History.—s. 5, ch. 59-292.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part III - Fire and Going-Out-of-Business Sales and Auctions (Ss. 559.20-559.27) › 559.26 - Violations.

559.26 Violations.—
(1) Any person who violates this part is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who publishes an advertisement for a fire and other altered goods sale or going-out-of-business sale, which advertisement does not conform to the requirements specified in s. 559.24, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 6, ch. 59-292; s. 554, ch. 71-136; s. 5, ch. 93-82.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part III - Fire and Going-Out-of-Business Sales and Auctions (Ss. 559.20-559.27) › 559.27 - Tag required reflecting value of item offered for sale at auction.

559.27 Tag required reflecting value of item offered for sale at auction.—
(1) At all auctions of goods at public outcry, the auctioneer or her or his agent shall place or cause to be placed upon each item to be offered at auction a tag showing the value attributed to the item at the time it is offered. Such tag shall remain affixed to the item and shall be delivered to the buyer along with the item at the time of sale.
(2) The provisions of this section shall not apply:
(a) To agricultural commodities, livestock, agricultural equipment, automobiles, or other items of goods which are most commonly marketed at auction;
(b) When a value is not expressed by the auctioneer as a guide to the bidder; or
(c) To auctions held as a result of court action.
(3) Violation of this section shall be a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, 3, ch. 70-151; s. 555, ch. 71-136; s. 813, ch. 97-103.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part IV - Buying Services (Ss. 559.3901-559.3906) › 559.3901 - Short title.

559.3901 Short title.—This act may be cited as the “Buying Services Act of 1991.”
History.—s. 1, ch. 91-72.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part IV - Buying Services (Ss. 559.3901-559.3906) › 559.3902 - Definitions.

559.3902 Definitions.—As used in this act, the term:
(1) “Business day” means any day other than a Saturday, Sunday, or legal holiday.
(2) “Buying service,” “buying club,” or “club” means any corporation, nonprofit corporation, partnership, unincorporated association, cooperative association, or other business enterprise which is organized with the primary purpose of providing benefits to members from the cooperative purchase of service or merchandise and which desires to effect such purpose through direct solicitation or other business activity in this state.
(3) “Contract” means any contract or agreement by which a person becomes a member of a buying service or club.
(4) “Member” means any person or entity entitled to any of the benefits of a buying service or buying club.
(5) “Prepayment” means any payment for service, merchandise, or membership made before the service is rendered. Money received by a club from a financial institution upon assignment of a contract shall be considered prepayment when and to the extent the member is required to make prepayments to the financial institution pursuant to the contract.
History.—s. 1, ch. 91-72.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part IV - Buying Services (Ss. 559.3901-559.3906) › 559.3903 - Contracts of membership; right of cancellation; how exercised; entitlement to refund; right not waivable.

559.3903 Contracts of membership; right of cancellation; how exercised; entitlement to refund; right not waivable.—
(1) Any person who has elected to become a member of a club may cancel such membership by giving written notice of cancellation any time before 12 midnight of the third business day following the date on which membership was attained.
(2) Notice of cancellation may be given personally or by mail. If given by mail, the notice is effective upon deposit in a mailbox, properly addressed, and postage prepaid. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention or desire of the member to cancel the contract.
(3) Cancellation shall be without liability on the part of the member. The member will be entitled to a total refund, within 10 days after notice of cancellation is given, of the entire consideration paid for the contract.
(4) Rights of cancellation may not be waived or otherwise surrendered.
(5) Any purchase made by the member prior to cancellation will be void. If upon demand of the club the member tenders to the club all merchandise received in the same condition it was received at the time of purchase, the member shall receive a total refund for all purchases made prior to cancellation within 10 days after notice of cancellation is given.
History.—s. 1, ch. 91-72.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part IV - Buying Services (Ss. 559.3901-559.3906) › 559.3906 - Violations of act.

559.3906 Violations of act.—A violation of this act shall be deemed an unfair or deceptive trade practice within the meaning of part II of chapter 501. Violators shall be subject to the penalties and remedies provided therein.
History.—s. 1, ch. 91-72.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part V - Commercial Collection Practices (Ss. 559.541-559.548) › 559.541 - Short title.

559.541 Short title.—Sections 559.541-559.548 may be cited as the “Florida Commercial Collection Practices Act.”
History.—ss. 1, 2, ch. 93-275.