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

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

The Legislature finds that commercial collection practices in this state are not governed by the federal and state laws relating to the collection of consumer claims and that current criminal laws are inadequate to deal with certain unlawful and fraudulent activities specifically…

As used in this part:(1) “Claim” or “commercial claim” means any obligation for the payment of money or its equivalent arising out of a transaction wherein credit has been offered or extended to any person, and the money, property, or service which was the subject of the transact…

(1) No person shall engage in business in this state as a commercial collection agency, as defined in this part, or continue to do business in this state as a commercial collection agency, without first registering in accordance with this part and thereafter maintaining such regi…

Any person who wishes to register as a commercial collection agency in compliance with this part shall do so on forms adopted by the commission and furnished by the office. Any renewal of registration shall be made between October 1 and December 31 of each year. In registering or…

Pursuant to s. 559.545, the registrant shall provide to the office evidence that the registrant has been issued a current and valid surety bond as required by this part.(1) In addition to each registration filed pursuant to s. 559.545 and any renewal of such registration, each re…

(1) Any registration made under this part by any person or commercial collection agency based upon the presentation by such person or collection agency of false identification or information, or identification not current with respect to name, address, and business location, or a…

(1) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:(a) Operating or soliciting business as a commercial collection agency in this state without first registering with the office, unless specific…

The following terms shall, unless the context otherwise indicates, have the following meanings for the purpose of this part:(1) “Commission” means the Financial Services Commission.(2) “Communication” means the conveying of information regarding a debt directly or indirectly to a…

Sections 559.55-559.785 may be cited as the “Florida Consumer Collection Practices Act.”History.—ss. 5, 13, ch. 93-275.

Nothing in this part shall be construed to limit or restrict the continued applicability of the federal Fair Debt Collection Practices Act to consumer collection practices in this state. This part is in addition to the requirements and regulations of the federal act. In the event…

(1) A person may not engage in business in this state as a consumer collection agency or continue to do business in this state as a consumer collection agency without first registering in accordance with this part, and thereafter maintaining a valid registration.(2) Each consumer…

(1) The office is responsible for the administration and enforcement of this part.(2) The commission may adopt rules to administer this part, including rules:(a) Requiring electronic submission of forms, documents, and fees required by this part.(b) Establishing time periods duri…

(1) Notwithstanding s. 559.725(4), the office may, without advance notice, conduct examinations and investigations, within or outside this state, to determine whether a person has violated this part or related rules. For purposes of this section, the office may examine the books,…

(1) A person who acts as a consumer collection agency must be registered in accordance with this section.(2) In order to apply for a consumer collection agency registration, an applicant must:(a) Submit a completed application form as prescribed by rule of the commission.(b) Subm…

A registrant under this part shall report to the office in a manner prescribed by rule of the commission:(1) A conviction of, or plea of nolo contendere to, regardless of adjudication, a crime or administrative violation that involves fraud, dishonesty, breach of trust, money lau…

(1) Each registered consumer collection agency shall maintain, at the principal place of business designated on the registration, all books, accounts, records, and documents necessary to determine the registrant’s compliance with this part.(2) The office may authorize the mainten…

(1) As used in this section, the term “personal financial and health information” means:(a) Information relating to the existence, nature, source, or amount of a consumer’s personal income, expenses, and debt;(b) Information relating to a consumer’s financial transactions of any …

Any registration made under this part based upon false identification or false information, or identification not current with respect to name, address, and business location, or other fact which is material to such registration, shall be void. Any registration made and subsequen…

The remedies of this section are cumulative to other sanctions and enforcement provisions of this part for any violation by an out-of-state consumer debt collector, as defined in s. 559.55(11).(1) An out-of-state consumer debt collector who collects or attempts to collect consume…

This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to c…

In collecting consumer debts, a person may not:(1) Simulate in any manner a law enforcement officer or a representative of any governmental agency.(2) Use or threaten force or violence.(3) Tell a debtor who disputes a consumer debt that she or he or any person employing her or hi…

(1) The office shall receive and maintain records of correspondence and complaints from consumers concerning any and all persons who collect debts, including consumer collection agencies.(2) The office shall inform and furnish relevant information to the appropriate regulatory bo…

(1) The office may:(a) Issue and serve subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of all books, accounts, records, and other documents and materials relevant to an investigation conducted by the office. The office, or its authoriz…

The office may issue and serve upon any person an order to cease and desist and to take corrective action if it has reason to believe the person is violating, has violated, or is about to violate any provision of this part, any rule or order issued under this part, or any written…

(1) Each of the following acts constitutes a ground for which the disciplinary actions specified in subsection (2) may be taken against a person registered or required to be registered under this part:(a) Failure to disburse funds in accordance with agreements.(b) Fraud, misrepre…

(1) A debtor may bring a civil action against a person violating the provisions of s. 559.72 in the county in which the alleged violator resides or has his or her principal place of business or in the county where the alleged violation occurred.(2) Any person who fails to comply …

In addition to other penalties provided in this part, state attorneys and their assistants are authorized to apply to the court of competent jurisdiction within their respective jurisdictions, upon the sworn affidavit of any person alleging a violation of any of the provisions of…

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…

(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…

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…

Sections 559.80-559.815 may be cited as the “Sale of Business Opportunities Act.”History.—s. 1, ch. 79-374.

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…

(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…

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…

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 …

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…

(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…

(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…

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.

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.

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…

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…

(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 …

(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,…

(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…