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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

1,668 sections·Filtered byTitle XXXIII✕

Fla. Stat. § 554.107 Special boiler inspectors
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(1) Upon application by any authorized inspection agency, the chief boiler inspector shall issue a certificate of competency as a special boiler inspector to any inspector employed by the authorized inspection agency, if such boiler inspector satisfies the competency requirements…
Fla. Stat. § 554.108 Inspection
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(1) The inspection requirements of this chapter apply only to boilers located in public assembly locations. A boiler with an input of 200,000 British thermal units (Btu) per hour and above, up to an input not exceeding 400,000 Btu per hour, is exempt from inspection; however, suc…
Fla. Stat. § 554.1081 Boiler inspections by insurance companies and local governmental agencies
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(1) An insurance company insuring a boiler located in a public assembly location in this state shall inspect, or shall contract with an authorized inspection agency to inspect, the insured boiler. A boiler insurance company shall annually report to the department the name of any …
Fla. Stat. § 554.109 Exemptions
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This chapter does not apply to potable hot water supply boilers or lined storage water heaters that are directly fired with oil, gas, electricity, or solar energy, provided that none of the following limitations is exceeded:(1) Heat input of 400,000 Btu per hour.(2) Water tempera…

Showing 1,451–1,500 of 1,668

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Fla. Stat. § 554.1101 Certificate of operation

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(1) If an inspection report filed pursuant to s. 554.108 shows a boiler to be in compliance with all applicable provisions of the State Boiler Code, the chief boiler inspector must, upon receipt of the inspection fee, issue a certificate of operation to the owner. Such certificat…

Fla. Stat. § 554.111 Fees

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(1) The department shall charge the following fees:(a) For an applicant for a certificate of competency, the initial application fee shall be $50, and the annual renewal fee shall be $30.(b) For certificate inspections conducted by the department:1. For power boilers and high pre…

Fla. Stat. § 554.114 Prohibitions; penalties

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(1) A person may not:(a) Operate a boiler at a public assembly location without a valid certificate of operation for that boiler;(b) Use a certificate of operation for any boiler other than for the boiler for which it was issued;(c) Operate a boiler for which the certificate of o…

Fla. Stat. § 554.115 Disciplinary proceedings

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(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 receive…

Fla. Stat. § 554.1151 Administrative fine in lieu of or in addition to suspension, revocation, or refusal to renew a certificate of operation or competency

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(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 re…

Fla. Stat. § 556.101 Short title; legislative intent

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(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 demoli…

Fla. Stat. § 556.102 Definitions

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As used in this act:(1) “Business days” means Monday through Friday, excluding the following holidays: New Year’s Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. …

Fla. Stat. § 556.103 Creation of the corporation; establishment of the board of directors; authority of the board; annual report

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(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…

Fla. Stat. § 556.104 Free-access notification system

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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 notificat…

Fla. Stat. § 556.105 Procedures

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(1)(a) Not less than 2 full business days before beginning any excavation or demolition that is not beneath the waters of the state, and not less than 10 full business days before beginning any excavation or demolition that is beneath the waters of the state, an excavator shall p…

Fla. Stat. § 556.106 Liability of the member operator, excavator, and system

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(1) There is no liability on the part of, and no cause of action of any nature shall arise against, the board members of the corporation in their capacity as administrators of the system.(2)(a) If a person violates s. 556.105(1) or (6), and subsequently, whether by himself or her…

Fla. Stat. § 556.107 Violations

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(1) NONCRIMINAL INFRACTIONS.—(a)1. Violations of the following provisions are noncriminal infractions:a. Section 556.105(1), relating to providing required information.b. Section 556.105(5)(c), relating to excavation practices in tolerance zones.c. Section 556.105(6), relating to…

Fla. Stat. § 556.108 Exemptions

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The notification requirements provided in s. 556.105(1) do not apply to:(1) Any excavation or demolition performed by the owner of a single-family residential property, not including property that is subdivided or is to be subdivided into more than one single-family residential p…

Fla. Stat. § 556.109 Emergency excavations or demolitions attempted; exception

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(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, “em…

Fla. Stat. § 556.110 Costs assessed among member operators

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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.

Fla. Stat. § 556.111 Applicability to existing law

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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 facil…

Fla. Stat. § 556.112 Design services

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(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 des…

Fla. Stat. § 556.113 Sunshine State One-Call of Florida, Inc.; public records exemption

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(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 de…

Fla. Stat. § 556.114 Low-impact marking practices

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(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 notice…

Fla. Stat. § 556.115 Alternative dispute resolution

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(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-government…

Fla. Stat. § 556.116 High-priority subsurface installations; special procedures

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(1) When an excavator proposes to excavate or demolish within 15 feet of the horizontal route of an underground facility that has been identified as a high-priority subsurface installation by the operator of the facility, the operator shall, in addition to identifying the horizon…

Fla. Stat. § 556.117 Underground facility damage prevention and enforcement review

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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 corporati…

Fla. Stat. § 558.001 Legislative findings and declaration

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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 def…

Fla. Stat. § 558.002 Definitions

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As used in this chapter, the term:(1) “Action” means any civil action or arbitration proceeding for damages or indemnity asserting a claim for damage to or loss of real or personal property caused by an alleged construction defect, but does not include any administrative action o…

Fla. Stat. § 558.003 Action; compliance

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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 …

Fla. Stat. § 558.0035 Design professionals; contractual limitation on liability

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(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 e…

Fla. Stat. § 558.004 Notice and opportunity to repair

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(1)(a) In actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any action, or at least 120 days before filing an action involving an association representing more than 20 parcels, serve written notice of claim on the contractor, subco…

Fla. Stat. § 558.005 Contract provisions; application

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(1) Unless a claimant and a potential defendant have agreed in writing to opt out of the requirements of this section, the provisions of this chapter shall apply to any claim for legal relief for which the agreement to make the improvement was made after October 1, 2009, and for …

Fla. Stat. § 559.01 Definitions

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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 redempti…

Fla. Stat. § 559.02 Fraud; false representation and lotteries prohibited

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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.

Fla. Stat. § 559.03 Declared face value; redemption

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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…

Fla. Stat. § 559.06 Penalties for violations

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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 an…

Fla. Stat. § 559.10 Definition; “budget planning.”

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(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, corporatio…

Fla. Stat. § 559.11 Budget planning prohibited

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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. …

Fla. Stat. § 559.12 Exceptions

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(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 member…

Fla. Stat. § 559.13 Penalty

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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. 59-3…

Fla. Stat. § 559.20 Definitions

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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…

Fla. Stat. § 559.21 Regulation of sales

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(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…

Fla. Stat. § 559.22 Duties of permittee

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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 collecto…

Fla. Stat. § 559.23 Fees

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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 an…

Fla. Stat. § 559.24 Enforcement

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(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 exa…

Fla. Stat. § 559.25 Exemptions

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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, a…

Fla. Stat. § 559.26 Violations

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(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 no…

Fla. Stat. § 559.27 Tag required reflecting value of item offered for sale at auction

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(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 shal…

Fla. Stat. § 559.3901 Short title

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This act may be cited as the “Buying Services Act of 1991.”History.—s. 1, ch. 91-72.

Fla. Stat. § 559.3902 Definitions

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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 b…