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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. § 495.001 Short title
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This chapter may be cited as the “Registration and Protection of Trademarks Act.”History.—s. 1, ch. 2006-191.
Fla. Stat. § 495.011 Definitions
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As used in this chapter:(1) “Abandoned” applies to a mark when either of the following occurs:(a) When its use has been discontinued with intent not to resume such use. Intent not to resume use may be inferred from circumstances. Nonuse for 3 consecutive years shall constitute pr…
Fla. Stat. § 495.021 Registrability
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(1) A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:(a) Consists of or comprises immoral, deceptive, or scandalous matter;(b) Consists of or comprises matter which may …
Fla. Stat. § 495.031 Application for registration
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(1) Subject to the limitations set forth in this chapter, any person who uses a trademark or service mark in this state may file with the department, in a manner and form complying with the requirements of the department, an application for registration of that mark setting forth…

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Fla. Stat. § 495.0315 Online application for registration

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(1) The department shall establish and maintain a secure Internet website that allows an applicant to submit an online trademark registration application in accordance with ss. 495.031 and 495.035 and a renewal application in accordance with s. 495.071. The website must safeguard…

Fla. Stat. § 495.035 Filing of applications

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(1) Upon the receipt of an application for registration and payment of the application fee, the department may cause the application to be examined for conformity with this chapter.(2) The applicant shall provide any additional pertinent information requested by the department, i…

Fla. Stat. § 495.041 Use by related companies

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Where a mark registered or unregistered is or may be used legitimately by related companies, such use shall inure to the benefit of the owner of the mark, and such use shall not affect the validity of such mark or of its registration, provided such mark is not used in such manner…

Fla. Stat. § 495.051 Disclaimers

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(1) The Department of State may require the applicant for registration to disclaim an unregistrable component of a mark otherwise registrable. An applicant may voluntarily disclaim a component of a mark sought to be registered.(2) No disclaimer shall prejudice or affect the appli…

Fla. Stat. § 495.061 Certificate of registration

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(1) Upon compliance by the applicant with the requirements of this chapter, the department shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the …

Fla. Stat. § 495.071 Duration and renewal

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(1) Registration of a mark hereunder shall be effective for a term of 5 years from the date of registration and, upon application filed within 6 months prior to the expiration of such term, in a manner and form complying with the requirements of the department, the registration m…

Fla. Stat. § 495.081 Assignments; changes of name; security interests

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(1) A registered mark or a mark for which an application for registration has been filed shall be assignable with the goodwill of the business in which the mark is used or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Assignm…

Fla. Stat. § 495.091 Records

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The department shall keep for public examination a record of all marks registered or renewed under this chapter, including all documents recorded under s. 495.081.History.—s. 1, ch. 67-58; ss. 10, 35, ch. 69-106; s. 11, ch. 2006-191.

Fla. Stat. § 495.101 Cancellation

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The department shall cancel from the register:(1) Any registration for which the department has received a voluntary request for cancellation by the registrant, which request shall be in a manner and form complying with the requirements of the department.(2) All registrations gra…

Fla. Stat. § 495.111 Classification

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(1) The department shall use the international schedule of classes of goods and services as set forth in 37 C.F.R. s. 6.1, as amended, as the state classification system for trademarks.(2) The establishment of the classes of goods and services set forth in subsection (1) is not f…

Fla. Stat. § 495.121 Fraudulent registration

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Any person who shall for herself or himself, or on behalf of any other person, procure the filing or registration of any mark with the Department of State under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, verbally or in writin…

Fla. Stat. § 495.131 Infringement

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Subject to the provisions of s. 495.161, any person who shall, without the consent of the registrant:(1) Use any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter in connection with the sale, offering for sale, distribution, or advert…

Fla. Stat. § 495.141 Remedies

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(1) Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as…

Fla. Stat. § 495.145 Forum for actions regarding registration

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An action seeking cancellation of a registration of a mark registered under this chapter may be brought in any court of competent jurisdiction in this state. Service of process on a nonresident registrant may be made in accordance with ss. 48.161 and 48.181. The department may no…

Fla. Stat. § 495.151 Dilution

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(1) The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction and to obtain such other relief against another person’s commercial use of a mark or trade name if such …

Fla. Stat. § 495.161 Common-law rights

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Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.History.—s. 1, ch. 67-58; s. 18, ch. 2006-191.

Fla. Stat. § 495.171 Effective date; repeal of conflicting acts

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(1) This chapter, as amended by this act, shall be in force and take effect January 1, 2007, but shall not affect any suit, proceeding, or appeal then pending.(2) Sections 506.06-506.13 are repealed on January 1, 2007, provided that as to any suit, proceeding, or appeal, and for …

Fla. Stat. § 495.181 Construction of chapter

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The intent of this chapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. To that end, the construction given the federal …

Fla. Stat. § 495.191 Fees

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Filing and other applicable fees payable to the department under this chapter shall be as follows:(1) Application filing fee: $87.50 per class.(2) Renewal application fee: $87.50 per class.(3) Assignment filing fee: $50 per class.(4) Certificate of name change filing fee: $50.(5)…

Fla. Stat. § 496.401 Short title

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Sections 496.401-496.424 may be cited as the “Solicitation of Contributions Act.”History.—ss. 1, 26, ch. 91-208; s. 19, ch. 94-287.

Fla. Stat. § 496.402 Legislative intent

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It is the intent of the Legislature to recognize the right of persons or organizations to conduct solicitation activities. It is also the intent of the Legislature to protect the public by requiring full public disclosure of the identity of persons who solicit contributions from …

Fla. Stat. § 496.403 Application

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Sections 496.401-496.424 do not apply to bona fide religious institutions, educational institutions, and state agencies or other government entities or persons or organizations who solicit or act as professional fundraising consultants solely on behalf of those entities, or to bl…

Fla. Stat. § 496.404 Definitions

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As used in ss. 496.401-496.424, the term:(1) “Charitable organization” means a person who is or holds herself or himself out to be established for any benevolent, educational, philanthropic, humane, scientific, artistic, patriotic, social welfare or advocacy, public health, envir…

Fla. Stat. § 496.405 Registration statements by charitable organizations and sponsors

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(1) A charitable organization or sponsor, unless exempted pursuant to s. 496.406, which intends to solicit contributions in or from this state by any means or have funds solicited on its behalf by any other person, charitable organization, sponsor, commercial co-venturer, or prof…

Fla. Stat. § 496.4055 Charitable organization or sponsor board duties

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(1) As used in this section, the term “conflict of interest transaction” means a transaction between a charitable organization or sponsor and another party in which a director, officer, or trustee of the charitable organization or sponsor has a direct or indirect financial intere…

Fla. Stat. § 496.406 Exemption from registration

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(1) The following charitable organizations and sponsors are exempt from the requirements of s. 496.405:(a) A person who is soliciting for a named individual, provided that all the contributions collected without any deductions whatsoever are turned over to the beneficiary for her…

Fla. Stat. § 496.407 Financial statement

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(1) A charitable organization or sponsor that is required to initially register or annually renew registration must file an annual financial statement for the immediately preceding fiscal year on a form prescribed by the department.(a) The statement must include the following:1. …

Fla. Stat. § 496.4071 Supplemental financial disclosure

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(1) If, for the immediately preceding fiscal year, a charitable organization or sponsor had more than $1 million in total revenue and spent less than 25 percent of the organization or sponsor’s total annual functional expenses on program service costs, in addition to any financia…

Fla. Stat. § 496.4072 Financial statements for specific disaster relief solicitations

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(1) A charitable organization or sponsor that solicits contributions in this state for a charitable purpose related to a specific disaster or crisis and receives at least $50,000 in contributions in response to such solicitation shall file quarterly disaster relief financial stat…

Fla. Stat. § 496.409 Registration and duties of professional fundraising consultant

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(1) A person may not act as a professional fundraising consultant unless he or she has first complied with the requirements of ss. 496.401-496.424 and has obtained approval of the department of a registration statement in accordance with subsection (6). A person may not act as a …

Fla. Stat. § 496.410 Registration and duties of professional solicitors

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(1) No person may act as a professional solicitor unless the person has first complied with the requirements of ss. 496.401-496.424 and has obtained approval of the department of a registration statement in accordance with subsection (5). A person may not act as a professional so…

Fla. Stat. § 496.4101 Licensure of professional solicitors and certain employees thereof

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(1) Each officer, director, trustee, or owner of a professional solicitor and any employee of a professional solicitor conducting telephonic solicitations during which a donor’s or potential donor’s personal financial information is requested or provided must, before engaging in …

Fla. Stat. § 496.411 Disclosure requirements and duties of charitable organizations and sponsors

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(1) A charitable organization or sponsor may solicit contributions only for the purpose expressed in the solicitation for contributions or the registration statement of the charitable organization or sponsor and may apply contributions only in a manner substantially consistent wi…

Fla. Stat. § 496.412 Disclosure requirements and duties of professional solicitors

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(1) A professional solicitor must comply with and be responsible for complying or causing compliance with the following disclosures:(a) Before orally requesting a contribution, or contemporaneously with a written request for a contribution, a professional solicitor must clearly d…

Fla. Stat. § 496.4121 Collection receptacles used for donations

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(1) As used in this section, the term “collection receptacle” means a receptacle used to collect donated clothing, household items, or other goods for resale.(2) A collection receptacle must display a permanent sign or label on each side which contains the following information p…

Fla. Stat. § 496.413 Contributions solicited for or accepted on behalf of a named individual

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(1) Contributions solicited for, or accepted by or on behalf of, a named individual must be deposited in a trust account opened by a trustee named in a properly established trust document or must be deposited in a depository established in accordance with s. 69.031. The circuit c…

Fla. Stat. § 496.414 Duties of commercial co-venturers

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(1) Prior to the commencement of any charitable or sponsor sales promotion in this state conducted by a commercial co-venturer on behalf of a charitable organization or sponsor, the commercial co-venturer must obtain the written consent of the charitable organization or sponsor w…

Fla. Stat. § 496.415 Prohibited acts

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It is unlawful for any person in connection with the planning, conduct, or execution of any solicitation or charitable or sponsor sales promotion to:(1) Operate in violation of, or fail to comply with, the requirements of ss. 496.401-496.424.(2) Submit false, misleading, or inacc…

Fla. Stat. § 496.416 Violation as deceptive or unfair trade practice

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Any person who commits an act or practice that violates any provision of ss. 496.401-496.424 commits an unfair or deceptive act or practice or unfair method of competition in violation of chapter 501, part II, and is subject to the penalties and remedies provided for such violati…

Fla. Stat. § 496.417 Criminal penalties

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Except as otherwise provided in ss. 496.401-496.424, and in addition to any administrative or civil penalties, any person who willfully and knowingly violates ss. 496.401-496.424 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084…

Fla. Stat. § 496.418 Recordkeeping and accounting

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(1) Each charitable organization, sponsor, professional fundraising consultant, and professional solicitor that collects or takes control or possession of contributions made for a charitable purpose must keep records to permit accurate reporting and auditing as required by law, m…

Fla. Stat. § 496.419 Powers of the department

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(1) The department may conduct an investigation of any person or organization whenever there is an appearance, either upon complaint or otherwise, that a violation of ss. 496.401-496.424 or s. 496.426 or of any rule adopted or of any order issued pursuant thereto has been committ…

Fla. Stat. § 496.4191 Additional penalty; immediate suspension

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Upon notification and subsequent written verification by a law enforcement agency, a court, a state attorney, or the Department of Law Enforcement, the department shall immediately suspend a registration or the processing of an application for a registration if the registrant, ap…

Fla. Stat. § 496.420 Civil remedies and enforcement

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(1) In addition to other remedies authorized by law, the department may bring a civil action in circuit court to enforce ss. 496.401-496.424 or s. 496.426. Upon a finding that a person has violated any of these sections, a court may make any necessary order or enter a judgment in…

Fla. Stat. § 496.421 More stringent local provisions not preempted by ss. 496.401-496.424

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Sections 496.401-496.424 do not preempt more stringent county or municipal provisions or restrict local units of government from adopting more stringent provisions, and, in such case, such provisions must be complied with if the registrant desires to solicit within the geographic…

Fla. Stat. § 496.422 Duties of the Department of State

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The Department of State shall include in the materials it sends to persons or organizations seeking to register as nonprofit corporations, pursuant to chapter 617, and include with the annual report notice to be filed with the Department of State each year, a notice of the regist…