reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part IX - Repair of Motor Vehicles (Ss. 559.901-559.9221) › 559.903 - Definitions.

559.903 Definitions.—As used in this act:
(1) “Advanced driver assistance system” means any motor vehicle electronic safety system that is associated with motor vehicle glass and is designed to support the driver and motor vehicle in a manner intended to increase motor vehicle safety and reduce losses associated with motor vehicle crashes.
(2) “Customer” means the person who signs the written repair estimate or any other person whom the person who signs the written repair estimate designates on the written repair estimate as a person who may authorize repair work.
(3) “Department” means the Department of Agriculture and Consumer Services.
(4) “Employee” means an individual who is employed full time or part time by a motor vehicle repair shop and performs motor vehicle repair.
(5) “Final estimate” means the last estimate approved by the customer either in writing or orally, as evidenced by the written repair estimate.
(6) “Motor vehicle” means any automobile, truck, bus, recreational vehicle, motorcycle, motor scooter, or other motor powered vehicle, but does not include trailers, mobile homes, travel trailers, trailer coaches without independent motive power, watercraft or aircraft, or special mobile equipment as defined in s. 316.003.
(7) “Motor vehicle repair” means all maintenance of and modifications and repairs to motor vehicles, and diagnostic work incident thereto, including, but not limited to, the rebuilding or restoring of rebuilt vehicles, body work, painting, warranty work, calibration or recalibration of advanced driver assistance systems, and other work customarily undertaken by motor vehicle repair shops.
(8) “Motor vehicle repair shop” means any person who, for compensation, engages or attempts to engage in the repair of motor vehicles owned by other persons and includes, but is not limited to: mobile motor vehicle repair shops, motor vehicle and recreational vehicle dealers; garages; service stations; self-employed individuals; truck stops; paint and body shops; brake, muffler, or transmission shops; and shops doing glass work. Any person who engages solely in the maintenance or repair of the coach portion of a recreational vehicle is not a motor vehicle repair shop.
(9) “Place of business” means a physical place where the business of motor vehicle repair is conducted, including any vehicle constituting a mobile motor vehicle repair shop from which the business of motor vehicle repair is conducted.
History.—s. 1, ch. 80-139; s. 3, ch. 93-219; s. 25, ch. 97-250; s. 13, ch. 99-307; s. 20, ch. 2001-214; s. 79, ch. 2016-239; s. 1, ch. 2023-136.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part IX - Repair of Motor Vehicles (Ss. 559.901-559.9221) › 559.907 - Charges for motor vehicle repair estimate; requirement of waiver of rights prohibited.

559.907 Charges for motor vehicle repair estimate; requirement of waiver of rights prohibited.—
(1) No motor vehicle repair shop shall charge for making a repair price estimate unless, prior to making the price estimate, the shop:
(a) Discloses to the customer the amount of the charge or, if the amount cannot be determined, the basis on which the charge will be calculated; and
(b) Obtains authorization on the written repair estimate, in accordance with s. 559.905, to prepare an estimate. No motor vehicle repair shop shall impose or threaten to impose any such charge which is clearly excessive in relation to the work involved in making the price estimate.
(2) It shall be unlawful for any motor vehicle repair shop to require that any person waive her or his rights provided in this part as a precondition to the repair of her or his vehicle by the shop.
History.—s. 1, ch. 80-139; s. 5, ch. 93-219; s. 825, 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 IX - Repair of Motor Vehicles (Ss. 559.901-559.9221) › 559.909 - Notification of charges in excess of repair estimate; unlawful charges; refusal to return vehicle prohibited; inspection of parts.

559.909 Notification of charges in excess of repair estimate; unlawful charges; refusal to return vehicle prohibited; inspection of parts.—
(1) In the event that:
(a) The written repair estimate contains only an estimate for diagnostic work necessary to estimate the cost of repair and such diagnostic work has been completed;
(b) A determination is made by a motor vehicle repair shop that the actual charges for the repair work will exceed the written estimate by more than $10 or 10 percent, whichever is greater, but not to exceed $50; or
(c) An implied partial waiver exists for diagnostic work, as described in s. 559.905(5), and such diagnostic work has been completed,
the customer shall be promptly notified by telephone, telegraph, mail, or other means of the additional repair work and estimated cost thereof. A customer so notified shall, orally or in writing, authorize, modify, or cancel the order for repair.
(2) If a customer cancels the order for repair after being advised that a repair which she or he has authorized cannot be accomplished within the previously authorized estimate, the shop shall expeditiously reassemble the motor vehicle in a condition reasonably similar to the condition in which it was received unless:
(a) The customer waives reassembly, or
(b) The reassembled vehicle would be unsafe.
After cancellation of the repair order, the shop may charge for the cost of teardown, the cost of parts and labor to replace items that were destroyed by teardown, and the cost to reassemble the component or the vehicle, provided the customer was notified of these possible costs in the estimate prior to commencement of the diagnostic work.
(3) It shall be unlawful for a motor vehicle repair shop to charge more than the written estimate plus $10 or 10 percent, whichever is greater, but not to exceed $50, unless the motor vehicle repair shop has obtained authorization to exceed the written estimate in accordance with subsection (1).
(4) It shall be unlawful for any motor vehicle repair shop to fail to return any customer’s motor vehicle because the customer has refused to pay for unauthorized repairs or because the customer has refused to pay for repair charges in excess of the final estimate in violation of this section.
(5) Upon request made at the time the repair work is authorized by the customer, the customer is entitled to inspect parts removed from her or his vehicle or, if the shop has no warranty arrangement or exchange parts program with a manufacturer, supplier, or distributor, have them returned to her or him.
History.—s. 1, ch. 80-139; s. 6, ch. 93-219; s. 826, 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 IX - Repair of Motor Vehicles (Ss. 559.901-559.9221) › 559.911 - Invoice required of motor vehicle repair shop.

559.911 Invoice required of motor vehicle repair shop.—The motor vehicle repair shop shall provide each customer, upon completion of any repair, with a legible copy of an invoice for such repair. The invoice may be provided on the same form as the written repair estimate and shall include the following information:
(1) The current date and odometer reading of the motor vehicle.
(2) A statement indicating what was done to correct the problem or a description of the service provided.
(3) An itemized description of all labor, parts, and merchandise supplied and the costs thereof, indicating what is supplied to the customer without cost or at a reduced cost because of a shop or manufacturer’s warranty.
(4) A statement identifying any replacement part as being used, rebuilt, or reconditioned, as the case may be.
(5) A statement indicating what, if anything, is guaranteed in connection with the repair work and the time and mileage period for which the guarantee is effective.
(6) The registration number from the certificate issued by the department pursuant to this part.
History.—s. 1, ch. 80-139; s. 7, ch. 93-219.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part IX - Repair of Motor Vehicles (Ss. 559.901-559.9221) › 559.915 - Motor vehicle repair shop records.

559.915 Motor vehicle repair shop records.—
(1) Each motor vehicle repair shop shall maintain repair records which shall include written repair estimates and repair invoices. A customer’s records shall be available to the customer for inspection and copying for a period of at least 12 months. A reasonable charge may be made for copying if copying facilities are available. The customer may not remove such original records from the premises.
(2) Motor vehicle repair shops shall allow department personnel to inspect or copy these records during regular business hours.
History.—s. 1, ch. 80-139; s. 8, ch. 93-219.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part IX - Repair of Motor Vehicles (Ss. 559.901-559.9221) › 559.916 - Required disclosure; signs; notice to customers.

559.916 Required disclosure; signs; notice to customers.—
(1) The department shall prescribe, by rule, the specifications for a sign to be posted by all registered motor vehicle repair shops in a manner conspicuous to the public. The sign shall contain the toll-free telephone number of the department for consumer information and assistance and shall inform customers that they may request, at the time the work order is taken, the return or inspection of all parts that have been replaced during the motor vehicle repair.
(2) All motor vehicle repair shops required to register under the provisions of this part must include the registration number from the certificate issued by the department in any advertisements, announcements, or listings relating to motor vehicle repair which are placed in a newspaper, magazine, or directory.
History.—s. 9, ch. 93-219; s. 33, ch. 97-98.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part IX - Repair of Motor Vehicles (Ss. 559.901-559.9221) › 559.919 - Enforcement of liens restricted.

559.919 Enforcement of liens restricted.—No motor vehicle repair shop may refuse to return a customer’s motor vehicle by virtue of any miscellaneous lien, nor may it enforce such a lien in any other fashion if it has failed to substantially comply with the provisions of this part.
History.—s. 1, ch. 80-139; s. 10, ch. 93-219.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part IX - Repair of Motor Vehicles (Ss. 559.901-559.9221) › 559.9215 - Deposit of fees and fines.

559.9215 Deposit of fees and fines.—Fees and fines collected under this part by the Department of Agriculture and Consumer Services shall be deposited in the General Inspection Trust Fund. Fines collected under this part by the Department of Highway Safety and Motor Vehicles shall be deposited in the Motor Vehicle License Plate Replacement Trust Fund.
History.—s. 13, ch. 93-219.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part IX - Repair of Motor Vehicles (Ss. 559.901-559.9221) › 559.92201 - Rulemaking power.

559.92201 Rulemaking power.—The department has the authority to adopt rules pursuant to chapter 120 to implement this part.
History.—s. 29, ch. 97-250.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part IX - Repair of Motor Vehicles (Ss. 559.901-559.9221) › 559.9221 - Motor Vehicle Repair Advisory Council.

559.9221 Motor Vehicle Repair Advisory Council.—The Motor Vehicle Repair Advisory Council is created to advise and assist the department in carrying out this part.
(1) The membership of the council may not exceed nine members appointed by the Commissioner of Agriculture.
(a) Six industry members of the council must be chosen from individuals already engaged in the motor vehicle repair business who are eligible to be registered under this part. The professional members of this council must be licensed under this part. The commissioner shall select one industry member from each of the following categories:
1. Independent automotive mechanics shops.
2. Franchise or company-owned automotive mechanics shops.
3. Automotive collision shops.
4. Tire dealer.
5. Independent motor vehicle dealer licensed under s. 320.27.
6. Franchise motor vehicle dealer licensed under s. 320.27.
(b) One member of the council may be chosen from persons already engaged in motor vehicle repair service.
(c) Two consumer members of the council must be residents of this state and must not be connected with the motor vehicle repair business.
(d) As terms of the members expire, the commissioner shall appoint successors for terms of 4 years. Members shall serve from the time of their appointment until their successors are appointed.
(2)(a) The council shall annually elect from its members a chair and a vice chair.
(b) The council shall meet at the call of its chair, at the request of a majority of its membership, or at the request of the department.
(c) In conducting its meetings, the council shall use accepted rules of procedure. The department shall keep a complete record of each meeting, which must show the names of members present and the actions taken. These records and other documents about matters within the jurisdiction of the council must be kept on file with the department.
(3) The members of the council shall receive no compensation for their services.
(4) The department shall be responsible for providing administrative and staff support services relating to the functions of the council.
(5) The council shall review the rules relating to the Florida Motor Vehicle Repair Act which are adopted by the department and shall advise the department on matters relating to educational grants, advancements in industry standards and practices, and other issues that require technical expertise and consultation or that promote better consumer protection in the motor vehicle repair industry.
History.—s. 15, ch. 93-219; s. 830, ch. 97-103; s. 30, ch. 97-250; s. 19, ch. 2001-214; s. 31, ch. 2011-206; s. 45, ch. 2013-251.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part X - Rental-Purchase Agreements (Ss. 559.9231-559.9241) › 559.9231 - Short title.

559.9231 Short title.—This act may be cited as the “Rental-Purchase Agreement Act.”
History.—s. 1, ch. 88-69.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part X - Rental-Purchase Agreements (Ss. 559.9231-559.9241) › 559.9232 - Definitions; exclusion of rental-purchase agreements from certain regulations.

559.9232 Definitions; exclusion of rental-purchase agreements from certain regulations.—
(1) As used in this act, the term:
(a) “Cash price” means the price at which the lessor, in the ordinary course of business, would offer to sell for cash the property or service that is the subject of the rental-purchase agreement. The term “cash price” may include the price of accessories, services related to the agreement, and taxes.
(b) “Lessee” means a natural person who rents personal property pursuant to a rental-purchase agreement.
(c) “Lessor” means a person or corporation who, in the ordinary course of business, regularly offers to rent personal property, or arranges for personal property to be rented, pursuant to a rental-purchase agreement.
(d) “Personal property” means any property that is not real property under the laws of the state where it is located and which is offered or made available for lease under a rental-purchase agreement.
(e) “Rental-purchase agreement” means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes, for an initial period of 4 months or less, that is automatically renewed with each rental payment after the initial period and that permits the lessee to acquire ownership of the property.
(f) “Services” means work, labor, or other personal services furnished pursuant to a rental-purchase agreement, including, but not limited to, the delivery, installation, servicing, repair, or improvement of rental property and excluding the provision of such property and associated services to the lessee.
(2) A rental-purchase agreement that complies with this act shall not be construed to be, nor be governed by, any of the following:
(a) A lease or agreement that constitutes a credit sale as defined in 12 C.F.R. s. 226.2(a)(16) and s. 1602(g) of the federal Truth in Lending Act, 15 U.S.C. ss. 1601 et seq.;
(b) A lease that constitutes a “consumer lease” as defined in 12 C.F.R. s. 213.2(a)(6);
(c) Any lease for agricultural, business, or commercial purposes;
(d) Any lease made to an organization;
(e) A lease or agreement that constitutes a “retail installment contract” or “retail installment transaction” as those terms are defined in s. 520.31; or
(f) A security interest as defined in s. 671.201(39).
History.—s. 2, ch. 88-69; s. 51, ch. 95-144; s. 20, ch. 99-164; s. 685, ch. 2003-261; s. 52, ch. 2006-213; s. 20, ch. 2007-134; s. 1, ch. 2010-131; s. 3, ch. 2023-80.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part X - Rental-Purchase Agreements (Ss. 559.9231-559.9241) › 559.9234 - Prohibited rental-purchase agreement provisions.

559.9234 Prohibited rental-purchase agreement provisions.—A rental-purchase agreement may not:
(1) Require garnishment of the lessee’s wages or grant the lessor a power of attorney for the lessee or require the lessee to confess judgment.
(2) Grant to the lessor, a person acting on the lessor’s behalf, or an assignee authority to unlawfully enter upon the lessee’s premises or to permit any breach of the peace in the repossession of the rental property.
(3) Require the lessee to waive any defense, counterclaim, or right of action against the lessor, person acting on the lessor’s behalf, or an assignee under the rental-purchase agreement in repossessing the rental property.
(4) Require the lessee to purchase insurance from the lessor.
(5) Allow the lessor to impose a penalty for early termination of a rental-purchase agreement or for the return of the rental property at any time, except those charges authorized by s. 559.9235(2) and any damage charges which may be imposed for destruction or damage to rental property.
(6) Allow the lessor to impose a fee for any in-home collection of a payment unless the lessee has expressly agreed in writing to the fee and the amount of the fee is disclosed in the rental-purchase agreement.
History.—s. 4, ch. 88-69.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part X - Rental-Purchase Agreements (Ss. 559.9231-559.9241) › 559.9235 - Reinstatement.

559.9235 Reinstatement.—
(1) A lessee who fails to make timely rental payments has the right to reinstate the original rental-purchase agreement without losing any rights or options previously acquired under the rental-purchase agreement, if:
(a) The lessee promptly surrenders the rental property to the lessor or its agent upon request; and
(b) The lessee tenders the reinstatement fees within 60 days after the expiration of the last rental period for which the lessee made a timely payment.
(2) Before reinstating the rental-purchase agreement, a lessor may require a lessee to pay unpaid rental payments, including any rental renewal charges incurred, a reinstatement fee of not more than $5, and a delivery charge if redelivery of the rental property is necessary.
(3) If reinstatement occurs pursuant to this section, the lessor shall provide the lessee with the same personal property rented by the lessee prior to the reinstatement or with substitute personal property of comparable quality and condition. If substitute personal property is provided, the lessor must provide new disclosures to the lessee, including all of the information required by s. 559.9233.
History.—s. 5, ch. 88-69.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part X - Rental-Purchase Agreements (Ss. 559.9231-559.9241) › 559.9236 - Receipts.

559.9236 Receipts.—
(1) If a lessee so requests, the lessor must give or forward to the lessee a receipt for any payment made in cash. The lessor must also furnish, upon the lessee’s request, an accounting of all charges, payments, and their dates in connection with a rental-purchase agreement. A charge of $5 may be imposed upon the lessee by the lessor for the second and each subsequent accounting request by the lessee in a 12-month period.
(2) After payment of all sums necessary for the lessee to acquire ownership of the rental property, a lessor must deliver or mail to the lessee, at her or his last known address, one or more good and sufficient instruments acknowledging that the lessee has acquired ownership of the rental property.
History.—s. 6, ch. 88-69; s. 832, 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 X - Rental-Purchase Agreements (Ss. 559.9231-559.9241) › 559.9237 - Rental renewal charges; attorney’s fees; court costs.

559.9237 Rental renewal charges; attorney’s fees; court costs.—A rental-purchase agreement may provide for payment by the lessee of a charge for failure to make a timely rental renewal payment, which charge may not exceed $5 on any payment made after either payment is due or after the return of the rental property is required. A charge pursuant to a rental-purchase agreement for a lessee’s failure to make a timely rental renewal payment may be collected only once on any accrued payment, no matter how long it remains unpaid. Such a charge may be collected at the time it accrues or any time thereafter. Such a charge may not be assessed against a payment that is timely made, even though an earlier charge has not been paid in full. A rental-purchase agreement may provide for the payment of reasonable attorney’s fees incurred by an attorney, not a salaried employee of the lessor, in the course of collection, and for the payment of court costs.
History.—s. 7, ch. 88-69.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part X - Rental-Purchase Agreements (Ss. 559.9231-559.9241) › 559.9238 - Willful violations.

559.9238 Willful violations.—Any person who willfully and intentionally violates any provision of this act is guilty of a misdemeanor of the second degree, punishable by fine only as provided in s. 775.083.
History.—s. 8, ch. 88-69.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part X - Rental-Purchase Agreements (Ss. 559.9231-559.9241) › 559.9239 - Damages.

559.9239 Damages.—In case of a violation of a provision of this act with respect to a rental-purchase agreement, the lessee under the rental-purchase agreement may recover from the lessor or assignee committing the violation, or may setoff or counterclaim in an action brought by that lessor or assignee, an amount equal to the greater of actual damages or 25 percent of the total cost to acquire ownership under the rental-purchase agreement, plus attorney’s fees and court costs. Notwithstanding the provisions of this section, a lessor or assignee is not subject to any penalty for failure to comply with any provision of this act until the lessee has notified such lessor or assignee in writing of such a failure and unless within 30 days after such notice such failure is not corrected by such lessor or assignee.
History.—s. 9, ch. 88-69.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part X - Rental-Purchase Agreements (Ss. 559.9231-559.9241) › 559.9240 - Waiver.

559.9240 Waiver.—Any waiver by the lessee of any provisions of this act or of any remedies granted to the lessee by this act is unenforceable and void.
History.—s. 10, ch. 88-69.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part X - Rental-Purchase Agreements (Ss. 559.9231-559.9241) › 559.9241 - Statute of limitations.

559.9241 Statute of limitations.—An action may not be brought under this act more than 5 years after the occurrence of the alleged violation.
History.—s. 11, ch. 88-69.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XI - Sellers of Travel (Ss. 559.926-559.939) › 559.926 - Short title.

559.926 Short title.—This part may be cited as the “Florida Sellers of Travel Act.”
History.—s. 4, ch. 95-314.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XI - Sellers of Travel (Ss. 559.926-559.939) › 559.9281 - Student tour operators.

559.9281 Student tour operators.—
(1) The Department of Agriculture and Consumer Services shall establish a process for sellers of travel to apply to be, and be listed as, approved student tour operators to serve students in all primary and secondary school districts within the state.
(2) The department shall adopt rules to implement this section, including the establishment of the application procedures and minimum standards for those persons wishing to be approved as student tour operators under this section. At a minimum, a student tour operator must be registered and approved by the department as a seller of travel under s. 559.928, maintain security requirements provided under s. 559.929, and be current on all state and local business taxes.
(3) The department shall maintain a list of approved student tour operators to serve students in all primary and secondary school districts within the state. The department shall update this list at least annually and shall provide, as created and updated, a current version of the list to the Department of Education.
(4) The Department of Education shall publish and maintain a current version of the list in a prominent location on its website.
History.—s. 29, ch. 2016-166.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XI - Sellers of Travel (Ss. 559.926-559.939) › 559.931 - Vacation certificate recordkeeping.

559.931 Vacation certificate recordkeeping.—Sellers of travel who offer vacation certificates must keep and maintain among their business records, for a period of 3 years, the following documents and information:
(1) A copy of each item required to be submitted to the department under s. 559.9295.
(2) All records required by s. 607.1601, when applicable, whether a corporation or other business entity.
(3) A list consisting of the name and address of every certificate purchaser making further purchase from the seller of travel pursuant to solicitation at the time of use of accommodations or facilities, which shall be retained for a period of at least 3 years after the date of such further purchase.
(4) A list consisting of the name and last known mailing addresses of all employees engaged in the solicitation of vacation certificate purchasers for further purchase at the time of use of accommodations or facilities, including those whose employment has been terminated within the preceding 3 years.
History.—ss. 1, 2, ch. 88-363; s. 6, ch. 89-296; s. 4, ch. 91-429; s. 88, ch. 92-291; s. 1, ch. 93-107; s. 5, ch. 95-314.
Note.—Former s. 559.927(6).
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XI - Sellers of Travel (Ss. 559.926-559.939) › 559.934 - Deceptive and unfair trade practice.

559.934 Deceptive and unfair trade practice.—Acts, conduct, practices, omissions, failings, misrepresentations, or nondisclosures which constitute a violation of this part also constitute a deceptive and unfair trade practice for the purpose of s. 501.201 and administrative rules promulgated thereunder.
History.—s. 1, ch. 93-107; s. 5, ch. 95-314.
Note.—Former s. 559.927(11).
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XI - Sellers of Travel (Ss. 559.926-559.939) › 559.9355 - Administrative remedies; penalties.

559.9355 Administrative remedies; penalties.—
(1) The department may enter an order doing one or more of the following if the department finds that a person has violated or is operating in violation of this part or the rules or orders issued thereunder:
(a) Issuing a notice of noncompliance pursuant to s. 120.695.
(b) Imposing an administrative fine in the Class II category pursuant to s. 570.971 for each act or omission.
(c) Directing that the person cease and desist specified activities.
(d) Refusing to register or canceling or suspending a registration.
(e) Placing the registrant on probation, subject to such conditions as the department may specify.
(f) Canceling an exemption granted under s. 559.935.
(2) The administrative proceedings which could result in the entry of an order imposing any of the penalties specified in subsection (1) are governed by chapter 120.
(3) The department has the authority to adopt rules pursuant to chapter 120 to implement this section and ss. 559.928, 559.929, 559.934, and 559.935.
History.—s. 1, ch. 93-107; s. 5, ch. 95-314; s. 36, ch. 97-250; s. 7, ch. 2008-214; s. 57, ch. 2014-150.
Note.—Former s. 559.927(13).
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XI - Sellers of Travel (Ss. 559.926-559.939) › 559.936 - Civil penalties; remedies.

559.936 Civil penalties; remedies.—
(1) The department may institute a civil action in a court of competent jurisdiction to recover any penalties or damages allowed in this part and for injunctive relief to enforce compliance with this part.
(2) The department may seek a civil penalty in the Class II category pursuant to s. 570.971 for each violation of this part.
(3) The department may seek a civil penalty in the Class III category pursuant to s. 570.971 for each act or omission in violation of s. 559.9335(21) or (22).
(4) The department may bring an action for restitution for and on behalf of any purchaser of travel services aggrieved or injured by a violation of this part.
(5) Any provision in a travel contract, certificate, vacation package, or other brochure or travel material from a seller of travel that purports to waive, limit, restrict, or avoid any of the duties, obligations, or prescriptions of the seller of travel, as herein provided, is void and unenforceable and against public policy, unless it is necessitated by contractual arrangements with travel service suppliers and fully disclosed.
(6) The remedies provided in this part are in addition to any other remedies available for the same conduct.
(7) Upon motion of the department in any action brought under this part, the court may make appropriate orders, including appointment of a general or special magistrate or receiver or sequestration of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction in accordance with the consumer’s reasonable expectations, or to grant other appropriate relief.
History.—ss. 1, 2, ch. 88-363; s. 6, ch. 89-296; s. 4, ch. 91-429; s. 88, ch. 92-291; s. 1, ch. 93-107; s. 5, ch. 95-314; s. 91, ch. 2004-11; s. 8, ch. 2008-214; s. 58, ch. 2014-150; s. 36, ch. 2016-166.
Note.—Former s. 559.927(14).
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XI - Sellers of Travel (Ss. 559.926-559.939) › 559.937 - Criminal penalties.

559.937 Criminal penalties.—Any person or business that violates this part:
(1) Commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Which violation directly or indirectly pertains to an offer to sell, at wholesale or retail, prearranged travel or tourist-related services for individuals or groups directly to any terrorist state and which originate in Florida, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 88-363; s. 6, ch. 89-296; s. 6, ch. 90-231; s. 4, ch. 91-429; s. 88, ch. 92-291; s. 1, ch. 93-107; s. 5, ch. 95-314; s. 9, ch. 2008-214; s. 43, ch. 2016-166.
Note.—Former s. 559.927(15).
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XI - Sellers of Travel (Ss. 559.926-559.939) › 559.938 - General Inspection Trust Fund; payments.

559.938 General Inspection Trust Fund; payments.—Any moneys recovered by the department as a penalty under this part shall be deposited in the General Inspection Trust Fund.
History.—ss. 1, 2, ch. 88-363; s. 6, ch. 89-296; s. 4, ch. 91-429; s. 88, ch. 92-291; s. 1, ch. 93-107; s. 5, ch. 95-314.
Note.—Former s. 559.927(16).
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XI - Sellers of Travel (Ss. 559.926-559.939) › 559.939 - State preemption.

559.939 State preemption.—No municipality or county or other political subdivision of this state shall have authority to levy or collect any registration fee or tax, as a regulatory measure, or to require the registration or bonding in any manner of any seller of travel who is registered or complies with all applicable provisions of this part, unless that authority is provided for by special or general act of the Legislature. Any ordinance, resolution, or regulation of any municipality or county or other political subdivision of this state which is in conflict with any provision of this part is preempted by this part. The provisions of this section do not apply to any local business tax levied pursuant to chapter 205.
History.—ss. 1, 2, ch. 88-363; s. 6, ch. 89-296; s. 4, ch. 91-429; s. 88, ch. 92-291; s. 1, ch. 93-107; s. 5, ch. 95-314; s. 130, ch. 2007-5.
Note.—Former s. 559.927(17).
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XII - Miscellaneous Provisions (Ss. 559.951-559.956) › 559.956 - Registrations and transfers of heating, ventilation, and air-conditioning system manufacturer warranties; required contractor documentation.

559.956 Registrations and transfers of heating, ventilation, and air-conditioning system manufacturer warranties; required contractor documentation.—
(1) If a residential real property that includes a heating, ventilation, and air-conditioning (HVAC) system as a fixture to the property is conveyed to a new owner, a manufacturer’s warranty in effect on that system or a component of that system:
(a) Is automatically transferred to the new owner; and
(b) Continues in effect as if the new owner was the original purchaser of such system or component, as applicable.
(2) A warrantor continues to be obligated under the terms of a manufacturer’s warranty agreement for a warranty transferred under this section and may not charge a fee for the transfer of the warranty.
(3) The transfer of a manufacturer’s warranty under this section does not extend the remaining term of the warranty.
(4) A manufacturer’s warranty for an HVAC system is deemed registered with the manufacturer if a contractor licensed under part I of chapter 489:
(a) Installs the new HVAC system; and
(b) Provides the manufacturer of the HVAC system with the date of the issuance of the certificate of occupancy for installations relating to new construction, or the serial number of the HVAC system for installations relating to existing construction, as applicable.
(5) A contractor licensed under part I of chapter 489 who installs a new HVAC system must document the installation through an invoice or a receipt and provide the invoice or receipt to the customer.
History.—s. 1, ch. 2023-288.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XIII - Florida Commercial Financing Disclosure Law (Ss. 559.961-559.9615) › 559.961 - Short title.

559.961 Short title.—This part may be cited as the “Florida Commercial Financing Disclosure Law.”
History.—s. 1, ch. 2023-290.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XIII - Florida Commercial Financing Disclosure Law (Ss. 559.961-559.9615) › 559.9612 - Scope of this part.

559.9612 Scope of this part.—This part applies to any commercial financing transaction consummated on or after January 1, 2024. This part does not apply to:
(1) A provider that is:
(a) A federally insured depository institution or an affiliate or holding company of such institution; or
(b) A subsidiary or service corporation that is owned and controlled by a federally insured depository institution or under common ownership with such institution.
(2) A provider that is a lender regulated under the Farm Credit Act of 1971, 12 U.S.C. ss. 2001 et seq.
(3) A commercial financing transaction that is:
(a) Secured by real property;
(b) A lease; or
(c) A purchase money obligation that is incurred as all or part of the price of the collateral or for value given to enable the business to acquire rights in or the use of the collateral if the value is in fact so used.
(4) A commercial financing transaction in which the recipient is a motor vehicle dealer or an affiliate of such a dealer, or a vehicle rental company or an affiliate of such a company, pursuant to a commercial loan or commercial open-end credit plan of at least $50,000 or a commercial financing transaction offered by a person in connection with the sale or lease of products or services that such person manufactures, licenses, or distributes, or whose parent company or any of its directly or indirectly owned and controlled subsidiaries manufactures, licenses, or distributes.
(5) A provider that is licensed as a money transmitter under chapter 560 or licensed as a money transmitter by any other state, district, territory, or commonwealth of the United States.
(6) A provider that consummates no more than five commercial financing transactions in this state in a 12-month period.
(7) A commercial financing transaction of more than $500,000.
History.—s. 1, ch. 2023-290.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XIII - Florida Commercial Financing Disclosure Law (Ss. 559.961-559.9615) › 559.9613 - Disclosures.

559.9613 Disclosures.—
(1) A provider that consummates a commercial financing transaction shall provide a written disclosure of the terms of the commercial financing transaction as required by subsection (2). The disclosure must be provided at or before consummation of the transaction. Only one disclosure must be provided for each commercial financing transaction, and a disclosure is not required as result of a modification, forbearance, or change to a consummated commercial financing transaction.
(2) A provider shall provide a written disclosure of the following information in connection with each commercial financing transaction:
(a) The total amount of funds provided to the business under the terms of the agreement.
(b) The total amount of funds disbursed to the business if less than the amount specified in paragraph (a) as a result of any fees deducted or withheld at disbursement, any amount paid to the provider to satisfy a prior balance, and any amount paid to a third party on behalf of the business.
(c) The total amount to be paid to the provider under the terms of the agreement.
(d) The total dollar cost under the terms of the agreement, calculated by finding the difference between the amount specified in paragraph (a) and the amount specified in paragraph (c).
(e)1. The manner, frequency, and amount of each payment; or
2. If the amount of the payments may vary, the manner and frequency of the payments, the estimated amount of the initial payment, a description of the methodology for calculating any variable payment, and the circumstances under which payments may vary.
(f) Whether there are any costs or discounts associated with prepayment, including a reference to the provision in the agreement which creates the contractual rights of the parties related to prepayment.
(3) A provider that consummates a commercial financing facility may provide disclosures required by subsection (2) which are based on an example of a transaction that could occur under the agreement. The example must be based on an account receivable total face amount owed of $10,000. Only one disclosure is required for each commercial financing facility, and a disclosure is not required as result of a modification, forbearance, or change to the facility. A new disclosure is not required each time accounts receivable are purchased under the facility.
History.—s. 1, ch. 2023-290.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XIII - Florida Commercial Financing Disclosure Law (Ss. 559.961-559.9615) › 559.9614 - Prohibited acts.

559.9614 Prohibited acts.—A broker may not do any of the following:
(1) Assess, collect, or solicit an advance fee from a business to provide services as a broker. However, this subsection does not preclude a broker from soliciting a business to pay for, or preclude a business from paying for, actual services necessary to apply for a commercial financing transaction, including, but not limited to, a credit check or an appraisal of security, if such payment is made by check or money order payable to a party independent of the broker.
(2) Make or use any false or misleading representation or omit any material fact in the offer or sale of the services of a broker or engage, directly or indirectly, in any act that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a broker, notwithstanding the absence of reliance by the business.
(3) Make or use any false or deceptive representation in its business dealings.
(4) Offer the services of a broker in any advertisement without disclosing the actual address and telephone number of the business of the broker and the address and telephone number of any forwarding service the broker may use, if any.
History.—s. 1, ch. 2023-290.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 559 - Regulation of Trade, Commerce, and Investments, Generally › Part XIII - Florida Commercial Financing Disclosure Law (Ss. 559.961-559.9615) › 559.9615 - Enforcement.

559.9615 Enforcement.—
(1) The Attorney General has exclusive authority to enforce this part. The Attorney General may:
(a) Receive and act on complaints.
(b) Take action designed to obtain voluntary compliance with this part.
(c) Commence administrative or judicial proceedings to enforce compliance with this part.
(2)(a) A violation of this part is punishable by a fine of $500 per incident, not to exceed $20,000 for all aggregated violations, arising from the use of the transaction documentation or materials found to be in violation of this part.
(b) A violation of this part after receipt of a written notice of a prior violation from the Attorney General is punishable by a fine of $1,000 per incident, not to exceed $50,000 for all aggregated violations, arising from the use of the transaction documentation or materials found to be in violation of this part.
(c) A violation of this part does not affect the enforceability or validity of the underlying commercial financing transaction.
(3) This part does not create a private right of action against any person or entity based upon compliance or noncompliance with this part.
History.—s. 1, ch. 2023-290.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 560 - Money Services Businesses › Part I - General Provisions (Ss. 560.103-560.144) › 560.104 - Exemptions.

560.104 Exemptions.—The following entities are exempt from the provisions of this chapter:
(1) Banks, credit card banks, credit unions, trust companies, associations, offices of an international banking corporation, Edge Act or agreement corporations, or other financial depository institutions organized under the laws of any state or the United States.
(2) The United States or any agency or instrumentality thereof.
(3) This state or any political subdivision of this state.
History.—s. 1, ch. 94-238; s. 1, ch. 94-354; s. 2, ch. 2008-177.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 560 - Money Services Businesses › Part I - General Provisions (Ss. 560.103-560.144) › 560.105 - Supervisory powers; rulemaking.

560.105 Supervisory powers; rulemaking.—
(1) The office shall:
(a) Supervise all money services businesses and their authorized vendors.
(b) Have access to the books and records of persons the office supervises as necessary to carry out the duties and functions of the office under this chapter.
(c) Issue orders and declaratory statements, disseminate information, and otherwise administer and enforce this chapter and all related rules in order to effectuate the purposes, policies, and provisions of this chapter.
(2) The commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this chapter.
(a) The commission may adopt rules requiring electronic submission of any forms, documents, or fees required by this chapter, which must reasonably accommodate technological or financial hardship and provide procedures for obtaining an exemption due to a technological or financial hardship.
(b) Rules adopted to regulate money services businesses, including deferred presentment providers, must be responsive to changes in economic conditions, technology, and industry practices.
History.—s. 1, ch. 94-238; s. 1, ch. 94-354; s. 185, ch. 98-200; s. 688, ch. 2003-261; s. 53, ch. 2006-213; s. 3, ch. 2008-177.