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Florida Statutes, Title XXXIII

Florida/Statutes

← All Florida coverage

Title XXXIII, Regulation of Trade, Commerce, Investments, and Solicitations

48 chapters · 1,668 sections in this title.

All chapters in Title XXXIII1,668 Ch 501, Consumer Protection163 Ch 497, Funeral, Cemetery, and Consumer Services131 Ch 559, Regulation of Trade, Commerce, and I…119 Ch 553, Building Construction Standards111 Ch 499, Florida Drug and Cosmetic Act82 Ch 520, Retail Installment Sales80 Ch 509, Lodging and Food Service Establishme…75 Ch 550, Pari-mutuel Wagering74 Ch 560, Money Services Businesses67 Ch 494, Loan Originators and Mortgage Brokers50 Ch 548, Pugilistic Exhibitions49 Ch 517, Securities Transactions45 Ch 500, Food Products39 Ch 526, Sale of Liquid Fuels; Brake Fluid39

119 sections·Filtered byTitle XXXIII✕Ch 559✕

Fla. Stat. § 559.785 Criminal penalty
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It shall be a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person not exempt from registering as provided in this part to engage in collecting consumer debts in this state without first registering with the office, or to register or…
Fla. Stat. § 559.79 Applications for license or renewal
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(1) Each application for a license issued by the Department of Business and Professional Regulation shall include a statement showing the name, address, and social security number of each person who owns 10 percent or more of the outstanding stock or equity interest in the licens…
Fla. Stat. § 559.791 False swearing on application; penalties
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Any license issued by the Department of Business and Professional Regulation which is issued or renewed in response to an application upon which the person signing under oath or affirmation has falsely sworn to a material statement, including, but not limited to, the names and ad…
Fla. Stat. § 559.80 Short title
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Sections 559.80-559.815 may be cited as the “Sale of Business Opportunities Act.”History.—s. 1, ch. 79-374.

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Fla. Stat. § 559.801 Definitions

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For the purpose of ss. 559.80-559.815, the term:(1)(a) “Business opportunity” means the sale or lease of any products, equipment, supplies, or services which are sold or leased to a purchaser to enable the purchaser to start a business for which the purchaser is required to pay a…

Fla. Stat. § 559.802 Franchises; exemption

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(1) The sale of a franchise is exempt from this part if:(a) The franchise meets the definition of that term as defined by the Federal Trade Commission regulations entitled, “Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures,” as set…

Fla. Stat. § 559.803 Disclosure statement

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At least 3 working days before the time the purchaser signs a business opportunity contract, or at least 3 working days before the receipt of any consideration by the seller, whichever occurs first, the seller must provide the prospective purchaser a written document, the cover s…

Fla. Stat. § 559.807 Bond or other security required

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If the business opportunity seller makes any representations set forth in s. 559.801(1)(a)3., the seller must either have obtained a surety bond issued by a surety company authorized to do business in this state or have established a certificate of deposit or a guaranteed letter …

Fla. Stat. § 559.809 Prohibited acts

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Business opportunity sellers shall not:(1) Misrepresent, by failure to disclose or otherwise, the known required total investment for such business opportunity.(2) Misrepresent or fail to disclose efforts to sell or establish more franchises or distributorships than it is reasona…

Fla. Stat. § 559.811 Contracts to be in writing; form; provisions

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(1) Every business opportunity contract shall be in writing, and a copy shall be given to the purchaser at least 3 working days before signing the contract.(2) Every contract for a business opportunity shall include the following:(a) The terms and conditions of payment, including…

Fla. Stat. § 559.813 Remedies; enforcement

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(1) If a business opportunity seller uses untrue or misleading statements in the sale of a business opportunity, fails to give the proper disclosures in the manner required by this part, or fails to deliver the equipment, supplies, or products necessary to begin substantial opera…

Fla. Stat. § 559.815 Penalties

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Any person who commits an act described in s. 559.809 is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.History.—s. 1, ch. 79-374; s. 87, ch. 92-291; s. 12, ch. 99-307; s. 15, ch. 2001-214; s. 44, ch. 2013-251.

Fla. Stat. § 559.901 Short title

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Sections 559.901-559.9221 shall be known and may be cited as the “Florida Motor Vehicle Repair Act.”History.—s. 1, ch. 80-139; s. 1, ch. 93-219.

Fla. Stat. § 559.902 Scope and application

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This act shall apply to all motor vehicle repair shops in Florida, except:(1) Any motor vehicle repair shop of a municipal, county, state, or federal government when carrying out the functions of the government.(2) Any person who engages solely in the repair of:(a) Motor vehicles…

Fla. Stat. § 559.903 Definitions

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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…

Fla. Stat. § 559.904 Motor vehicle repair shop registration; application; exemption

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(1) Each motor vehicle repair shop engaged or attempting to engage in the business of motor vehicle repair work must register with the department prior to doing business in this state. The application for registration must be on a form provided by the department and must include …

Fla. Stat. § 559.905 Written motor vehicle repair estimate and disclosure statement required

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(1) When any customer requests a motor vehicle repair shop to perform repair work on a motor vehicle, the cost of which repair work will exceed $150 to the customer, the shop shall prepare a written repair estimate, which is a form setting forth the estimated cost of repair work,…

Fla. Stat. § 559.907 Charges for motor vehicle repair estimate; requirement of waiver of rights prohibited

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(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; a…

Fla. Stat. § 559.909 Notification of charges in excess of repair estimate; unlawful charges; refusal to return vehicle prohibited; inspection of parts

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(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 repa…

Fla. Stat. § 559.911 Invoice required of motor vehicle repair shop

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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 dat…

Fla. Stat. § 559.915 Motor vehicle repair shop records

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(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 mad…

Fla. Stat. § 559.916 Required disclosure; signs; notice to customers

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(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 assista…

Fla. Stat. § 559.917 Bond to release possessory lien claimed by motor vehicle repair shop

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(1)(a) A customer or a person of record claiming a lien against a motor vehicle may obtain the release of the motor vehicle from any lien claimed under part II of chapter 713 by a motor vehicle repair shop for repair work performed under a written repair estimate by filing with t…

Fla. Stat. § 559.919 Enforcement of liens restricted

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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…

Fla. Stat. § 559.920 Unlawful acts and practices

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It is a violation of this act for any motor vehicle repair shop or employee thereof to do any of the following:(1) Engage or attempt to engage in repair work for compensation of any type without first being registered with or having submitted an affidavit of exemption to the depa…

Fla. Stat. § 559.921 Remedies

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(1) Any customer injured by a violation of this part may bring an action in the appropriate court for relief. The prevailing party in that action may be entitled to damages plus court costs and reasonable attorney’s fees. The customer may also bring an action for injunctive relie…

Fla. Stat. § 559.9215 Deposit of fees and fines

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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 …

Fla. Stat. § 559.92201 Rulemaking power

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The department has the authority to adopt rules pursuant to chapter 120 to implement this part.History.—s. 29, ch. 97-250.

Fla. Stat. § 559.9221 Motor Vehicle Repair Advisory Council

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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 fro…

Fla. Stat. § 559.9231 Short title

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This act may be cited as the “Rental-Purchase Agreement Act.”History.—s. 1, ch. 88-69.

Fla. Stat. § 559.9232 Definitions; exclusion of rental-purchase agreements from certain regulations

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(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 ac…

Fla. Stat. § 559.9233 Rental-purchase agreements

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(1) A rental-purchase agreement must be in writing, must be signed by both the lessor and the lessee, and must be completed as to all essential provisions prior to being signed by the lessee.(2) The printed portion of the rental-purchase agreement must be in at least 6-point type…

Fla. Stat. § 559.9234 Prohibited rental-purchase agreement provisions

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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 unlawful…

Fla. Stat. § 559.9235 Reinstatement

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(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 l…

Fla. Stat. § 559.9236 Receipts

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(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 ch…

Fla. Stat. § 559.9237 Rental renewal charges; attorney’s fees; court costs

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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 pursu…

Fla. Stat. § 559.9238 Willful violations

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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.

Fla. Stat. § 559.9239 Damages

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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 ass…

Fla. Stat. § 559.9240 Waiver

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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.

Fla. Stat. § 559.9241 Statute of limitations

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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.

Fla. Stat. § 559.926 Short title

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This part may be cited as the “Florida Sellers of Travel Act.”History.—s. 4, ch. 95-314.

Fla. Stat. § 559.927 Definitions

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For the purposes of this part, the term:(1) “Accommodations” means any hotel or motel room, condominium or cooperative unit, cabin, lodge, or apartment; any other commercial structure designed for occupancy by one or more individuals; or any lodging establishment as provided by l…

Fla. Stat. § 559.928 Registration

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(1) Each seller of travel shall annually register with the department, providing: its legal business or trade name, mailing address, and business locations; the full names, addresses, and telephone numbers of its owners or corporate officers and directors and the Florida agent of…

Fla. Stat. § 559.9281 Student tour operators

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(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 adop…

Fla. Stat. § 559.9285 Certification of business activities

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(1) Each certifying party, as defined in s. 559.927(2):(a) Which does not offer for sale, at wholesale or retail, prearranged travel or tourist-related services for individuals or groups directly to any terrorist state and which originate in Florida;(b) Which offers for sale, at …

Fla. Stat. § 559.929 Security requirements

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(1) An application must be accompanied by a performance bond in an amount set by the department under paragraph (a), paragraph (b), or paragraph (c). The surety on such bond must be a surety company authorized to do business in the state.(a) Each seller of travel which certifies …

Fla. Stat. § 559.9295 Submission of vacation certificate documents

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Sellers of travel who offer vacation certificates must submit and disclose to the department with the application for registration, and any time such document is changed, but prior to the sale of any vacation certificate, the following materials:(1) A copy of the contract by whic…

Fla. Stat. § 559.931 Vacation certificate recordkeeping

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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…

Fla. Stat. § 559.932 Vacation certificate disclosure

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(1) A seller of travel must provide each person solicited with a contract that includes the following information, which shall be in 12-point type, unless otherwise specified:(a) A space for the date, name, address, and signature of the purchaser.(b) The expiration date of the va…

Fla. Stat. § 559.933 Vacation certificate cancellation and refund provisions

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(1) A seller of travel or an assignee must honor a purchaser’s request to cancel a vacation certificate if such request is made:(a) Within 30 days after the date of purchase or receipt of the vacation certificate, whichever occurs later; or(b) At any time accommodations or facili…