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

(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…

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…

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…

(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…

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 …

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

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…

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

(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…

(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…

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…

(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…

(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…

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…

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.

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…

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.

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.

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

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…

(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…

(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…

(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 …

(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 …

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…

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…

(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…

(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…

It is a violation of this part for any seller of travel, independent agent, assignee, or other person:(1) To conduct business as a seller of travel without registering annually with the department unless exempt pursuant to s. 559.935.(2) To conduct business as a seller of travel …

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…

(1) This part does not apply to:(a) A bona fide employee of a seller of travel who is engaged solely in the business of her or his employer;(b) Any direct common carrier of passengers or property regulated by an agency of the Federal Government or employees of such carrier when e…

(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…

(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 pursua…

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 …

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).

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 …

(1) As used in this section, the term:(a) “Initial merchant” means a person who obtains a consumer’s billing information directly from the consumer through an Internet transaction initiated by the consumer.(b) “Posttransaction third-party seller” means a person who:1. Sells or of…

(1) SHORT TITLE.—This section may be cited as the “Financial Technology Sandbox.”(2) CREATION OF THE FINANCIAL TECHNOLOGY SANDBOX.—There is created the Financial Technology Sandbox within the Office of Financial Regulation to allow financial technology innovators to test new prod…

(1) Local governments may not enact or enforce any ordinance, regulation, or policy or take any action to license or otherwise regulate a home-based business in violation of this section.(2) A home-based business that operates from a residential property as provided in subsection…

(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 on or after July 1, 2024, a manufacturer’s warranty in effect on that system or a component of that system:(a) Is au…

(1) The full length of a manufacturer’s, distributor’s, or retailer’s warranty of a heating, ventilation, and air-conditioning (HVAC) system or any component of the system is effective in this state on the date of installation if installed by a contractor licensed under part I of…

This part may be cited as the “Florida Commercial Financing Disclosure Law.”History.—s. 1, ch. 2023-290.

As used in this part, the term:(1) “Accounts receivable purchase transaction” means a transaction in which a business forwards or otherwise sells to a person all or a portion of the business’s accounts or payment intangibles as those terms are defined in s. 679.1021(1) at a disco…

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 servi…

(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 disclos…

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 servi…