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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. § 520.72 Cancellation of contract
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Every home improvement finance seller or home improvement seller shall furnish to the buyer a notice of the right to rescind the contract. Either party to a home improvement contract may cancel the contract by the exercise of the right to rescind until midnight of the third busin…
Fla. Stat. § 520.73 Home improvement contract; form and content; separate disclosures
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(1) Every home improvement contract shall be evidenced by a written agreement and shall be signed by the parties. The home improvement contract shall be in the form approved by the office and shall contain:(a) The name, address, and license number of the home improvement finance …
Fla. Stat. § 520.74 Provisions expressly prohibited
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No home improvement contract shall contain any provision by which:(1) The buyer agrees not to assert against a home improvement finance seller a claim or defense arising out of the sale or agrees not to assert against an assignee such a claim or defense;(2) In the absence of the …
Fla. Stat. § 520.75 Buyer’s waiver of statutory protection
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No act, agreement, or statement of any buyer under a home improvement contract shall constitute a valid waiver of any provision of this act intended for the benefit or protection of the buyer.History.—s. 1, ch. 69-44; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 80-256; s. 2, c…

Showing 851–900 of 1,668

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Fla. Stat. § 520.76 Insurance provisions, procurement, rates

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(1) The premium paid for any group credit life or other insurance shall be included in the home improvement contract.(2) The home improvement contract shall state which party is to procure insurance.(3) The amount, if any, included for such insurance shall not exceed the applicab…

Fla. Stat. § 520.78 Finance charge limitation

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(1) The maximum finance charge included in a home improvement contract payable in substantially equal successive monthly installments beginning 1 month from the date the finance charge accrues shall not exceed $12 per $100 per annum. Such finance charge shall be computed on the p…

Fla. Stat. § 520.785 Simple-interest contracts

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A retail installment contract under The Home Improvement Sales and Finance Act may provide that the finance charge be calculated on a simple-interest basis subject to the following provisions:(1) Instead of a finance charge computed on the amount financed as determined under s. 5…

Fla. Stat. § 520.79 Unauthorized charges

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All costs and charges in connection with home improvement contracts which are not authorized by this act shall be unenforceable. Any payment of such costs or charges shall be applied to the next maturing installment or, if the contract has been fully paid, remitted to the owner, …

Fla. Stat. § 520.80 Mortgages, promissory notes

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Every promissory note or mortgage shall bear on the side of the note or mortgage which contains the maker’s signature the following legend in at least 10-point boldfaced type: “Payment of this note or mortgage is subject to the terms of a home improvement installment contract of …

Fla. Stat. § 520.81 Completion certificate

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(1) Upon completion of the home improvement for which the owner and the home improvement finance seller contracted, the seller shall prepare a certificate which shall be signed by both parties.(2) The form of the certificate shall be prescribed by the commission.History.—s. 1, ch…

Fla. Stat. § 520.82 Statement of account

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Upon written request from the owner, the holder of the home improvement contract shall deliver to the owner within 10 days from receipt of the written request a statement of the owner’s account showing the date and amount of all payments made or credited to the account and the to…

Fla. Stat. § 520.83 Cancellation of contract on payment in full

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(1) For all home improvement contracts pursuant to which there is a lien, mortgage, or encumbrance upon the goods or real property, upon payment in full by the owner of the time sales price and other amounts lawfully due under a home improvement contract, the holder shall:(a) Ret…

Fla. Stat. § 520.84 Credit to owner on prepayment

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Any buyer may pay in full at any time before maturity the debt of any home improvement contract and in so paying such debt shall receive a refund credit thereon for such anticipation of payments. The amount of such refund shall represent at least as great a proportion of the time…

Fla. Stat. § 520.85 Delinquency and collection charges; court costs and attorney’s fees

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A home improvement contract may provide for the payment by the owner of a delinquency and collection charge on each installment in default for a period of not less than 10 days in an amount not in excess of 5 percent of such installment. However, only one such delinquency and col…

Fla. Stat. § 520.86 Extension or deferment

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(1) The holder of a home improvement contract, upon agreement in writing with the owner, may extend the scheduled due date, or defer the scheduled payment, of all or of any part of any installment. All terms of the agreement shall be in writing.(2) The holder may charge and contr…

Fla. Stat. § 520.87 Receipt for cash payment; payment to assignor

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Whenever payment is made in cash on account of any home improvement contract, the person receiving such payment shall, at the time of receiving such payment, furnish to the person making such payment a written receipt showing the date, identification of the account, and the amoun…

Fla. Stat. § 520.88 Assignments of contracts or notes

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(1) No holder shall sell, transfer, or assign any obligation in connection with a home improvement contract or any evidence of indebtedness thereunder to any person who is not authorized as a sales finance company.(2) Notice of any assignment shall be sent to the owner immediatel…

Fla. Stat. § 520.90 Prohibited acts

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The following acts are prohibited:(1) Abandonment or willful failure to perform, without justification, any home improvement contract or project engaged in or undertaken by a home improvement finance seller or willful deviation from or disregard of plans or specifications in any …

Fla. Stat. § 520.91 Uttering a false completion certificate

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Any person who accepts or receives a completion certificate or other evidence that performance of a home improvement contract is complete or satisfactorily concluded, with knowledge that such document is false and that the performance is not completed, and who utters, offers, or …

Fla. Stat. § 520.92 Compensation of other than licensee prohibited

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No home improvement finance seller shall pay, credit, or allow any consideration or compensation of any kind to any other home improvement finance seller, other than a licensee, for or on account of the performance of home improvement work or services except when the person or tr…

Fla. Stat. § 520.98 Penalties

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(1) Any person who willfully and intentionally violates any provision of s. 520.995 or engages in the business of a home improvement finance seller or a sales finance company without obtaining a license as required by this act is guilty of a misdemeanor of the first degree, punis…

Fla. Stat. § 520.993 Definitions

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The definitions contained within ss. 520.02, 520.31, and 520.61 apply to this part.History.—ss. 34, 36, ch. 90-103; s. 4, ch. 91-429.

Fla. Stat. § 520.994 Powers of office

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(1) The office may issue and serve subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before it in any matter pertaining to this chapter. The office may administer oaths and affirmations to any person whose …

Fla. Stat. § 520.995 Grounds for disciplinary action

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(1) The following acts are violations of this chapter and constitute grounds for the disciplinary actions specified in subsection (2):(a) Failure to comply with any provision of this chapter, any rule or order adopted pursuant to this chapter, or any written agreement entered int…

Fla. Stat. § 520.996 Investigations and complaints

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(1)(a) The office or its agent may, at intermittent periods, make such investigations and examinations of any licensee or other person as it deems necessary to determine compliance with this chapter. For such purposes, it may examine the books, accounts, records, and other docume…

Fla. Stat. § 520.9965 Confidentiality of information relating to investigations and examinations

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(1)(a) Except as otherwise provided by this section, information relative to an investigation or examination by the office pursuant to this chapter, including any consumer complaint received by the office or the Department of Financial Services, is confidential and exempt from s.…

Fla. Stat. § 520.997 Books, accounts, and records

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(1) Every licensee shall maintain, at the principal place of business, such books, accounts, and records of the business conducted under the license issued for such place of business as will enable the office to determine whether the business of the licensee contemplated by this …

Fla. Stat. § 520.998 Regulatory Trust Fund

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All fees, charges, and fines collected by the office pursuant to this chapter shall be deposited in the State Treasury to the credit of the Regulatory Trust Fund under the office.History.—ss. 34, 36, ch. 90-103; s. 4, ch. 91-429; s. 30, ch. 99-155; s. 638, ch. 2003-261.

Fla. Stat. § 520.999 Requirements of licensees

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(1) Each licensee under this chapter shall report, on a form prescribed by rule of the commission, any change in the information contained in any initial application form or any amendment to such application not later than 30 days after the change is effective.(2) Each licensee u…

Fla. Stat. § 521.001 Short title

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Sections 521.001-521.006 may be cited as the “Motor Vehicle Lease Disclosure Act.”History.—s. 1, ch. 95-350.

Fla. Stat. § 521.002 Applicability

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Sections 521.001-521.006 do not supersede applicable federal law, including the federal Truth in Lending Act, 15 U.S.C. ss. 1601 et seq.; the rules adopted under the federal Truth in Lending Act; or any state law, including the Uniform Commercial Code.History.—s. 2, ch. 95-350.

Fla. Stat. § 521.003 Definitions

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As used in ss. 521.001-521.006, the term:(1) “Adjusted or net capitalized cost” means the capitalized cost, less any capitalized cost-reduction payments made by the retail lessee at the inception of the lease agreement. The adjusted or net capitalized cost shall serve as the basi…

Fla. Stat. § 521.004 Disclosures

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A retail lessor must:(1) Disclose to the retail lessee in the lease agreement in a separate blocked section, in capital letters of at least 12-point bold type, with the appropriate amounts specified, as follows:THIS IS A LEASE AGREEMENT.THIS IS NOT A PURCHASE AGREEMENT.PLEASE REV…

Fla. Stat. § 521.005 Trade-in vehicle

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A trade-in vehicle used to reduce the capitalized cost must be identified as a trade-in vehicle in the lease agreement and identified by year, make, and model. The lease agreement must state the net credit of the trade-in vehicle used to reduce capitalized costs.History.—s. 5, ch…

Fla. Stat. § 521.006 Civil remedies

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(1) A retail lessor who fails to comply with the requirements of this act shall be liable to the retail lessee for actual damages sustained, a civil penalty of up to $1,000 per lease transaction, and reasonable attorney fees and costs.(2) In addition to any other remedies provide…

Fla. Stat. § 522.01 Fruit or produce brokers to make return of account sales

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Any person doing in this state the business of fruit or produce broker or commission merchant, receiving pineapples in carlots or less, grown in this state for shipment or consignment, shall make return of all account sales showing the cost and expenses charged against the return…

Fla. Stat. § 522.02 Persons presumed to be doing business in state

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Any person maintaining an office or soliciting personally or by agent such business in this state shall be presumed to be doing business in this state.History.—s. 2, ch. 6235, 1911; RGS 4939; CGL 7026.

Fla. Stat. § 522.03 Liability of broker for loss by reason of delayed account sales; measure of damages

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Any person doing the business of fruit or produce broker or commission merchant, receiving pineapples in carlots or less, grown in this state for shipment or consignment, and who has not returned an account sales showing the cost and expenses charged against the returns, also the…

Fla. Stat. § 522.04 Liability of broker in case of failure to return account sales

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In any suit for accounting against any person, doing the business of fruit or produce broker or commission merchant receiving pineapples in carlots or less, grown in this state for shipment or consignment, and who has not returned an account sales showing the cost and expenses ch…

Fla. Stat. § 522.05 Penalty for failure of commission merchant to make returns

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Any person, or agent or servant of such person failing to comply with the provisions of s. 522.01 shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.History.—s. 3, ch. 6235, 1911; RGS 5666; CGL 7869; s. 496, ch. 71-136.

Fla. Stat. § 522.06 Produce commission merchant to furnish shipper duplicate sales account; shipper to have access to certain records; proviso

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All persons engaged in the business of selling any produce or other article on commission in this state shall, if the produce or other thing of value be shipped to them by any person from any place in the state, when the same is sold by them, issue in duplicate a sales account wh…

Fla. Stat. § 522.07 Violation of regulations as to sale of produce on commissions

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Any person violating any of the provisions of s. 522.06 shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not exceeding $500, or sentenced to the county jail for a period of not longer than 6 months.History.—s. 3, ch. 6921, 1915; RGS 5667; CGL 78…

Fla. Stat. § 525.01 Gasoline and oil to be inspected

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(1) For the purpose of this chapter:(a) “Department” means the Department of Agriculture and Consumer Services.(b) “Petroleum fuel” means all gasoline, kerosene (except when used as aviation turbine fuel), diesel fuel, benzine, other like products of petroleum under whatever name…

Fla. Stat. § 525.02 Analyses of petroleum fuel

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The department shall collect samples of any petroleum fuel sold, offered, or exposed for sale in this state. Collected samples will be analyzed by the department. The certificate of analysis by the department shall be prima facie evidence in any court of law or equity in this sta…

Fla. Stat. § 525.035 Mislabeled petroleum fuel

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(1) It shall be unlawful for any petroleum fuel to be mislabeled in any way.(2) Petroleum fuel is deemed to be mislabeled:(a) If the measuring device is labeled so as to misrepresent the product as to quality, content, or performance; or(b) If the labeling on the measuring device…

Fla. Stat. § 525.037 Petroleum fuel standards

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(1) It is unlawful to sell or distribute, or offer for sale or distribution, any petroleum fuel which fails to meet any standard adopted by rule of the department.(2) The substandard product shall be placed under a stop-sale order by the department and the measuring devices and s…

Fla. Stat. § 525.07 Powers and duties of department; inspections; unlawful acts

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(1)(a) The department shall inspect all measuring devices used in selling or distributing petroleum fuel at wholesale and retail.(b) The department may affix a sticker to each petroleum measuring device. Using only a combination of lettering, numbering, words, or the department l…

Fla. Stat. § 525.08 Department to have access to all stores, warehouses, factories, petroleum terminals, storage houses, and railroad depots

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(1) In the performance of its duties, the department shall have free access during all reasonable hours to any store, warehouse, factory, petroleum terminal, storage house, or railway depot, where petroleum fuels are kept or otherwise stored, for the purpose of:(a) Examination or…

Fla. Stat. § 525.10 Payment of expenses

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All expenses incurred in the enforcement of this chapter and other inspection laws of this state for which fees are collected, including acquiring equipment and other property, shall be paid from the General Inspection Trust Fund. No money shall be paid to any inspector or employ…

Fla. Stat. § 525.14 Rules

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The department shall adopt rules not inconsistent with the provisions of this chapter as in its judgment may be necessary to the proper enforcement of this chapter; and define the standards and specifications for all petroleum fuels. The standards and specifications shall be defi…