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Florida Statutes - Regulation Of Trade, Commerce, Investments, And Solicitations
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- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.001; Definitions.
As used in ss. 494.001-494.0077, the term: (1) "Act as a correspondent mortgage lender" means to make a mortgage loan. (2) "Act ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0011; Powers and duties of the commission and office.
(1) The office shall be responsible for the administration and enforcement of ss. 494.001-494.0077. (2) The commission may adopt rules pursuant to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0012; Investigations; complaints; examinations.
(1) The office may conduct an investigation of any person whenever the office has reason to believe, either upon complaint or otherwise, that any violation ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00125; Confidentiality of information relating to investigations and examinations.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0013; Injunction to restrain violations.
(1) The office may bring action through its own counsel in the name and on behalf of the state against any person who has violated ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0014; Cease and desist orders; refund orders.
(1) The office has the power to issue and serve upon any person an order to cease and desist and to take corrective action whenever ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0015; Evidence; examiner's worksheets, investigative reports, other related documents.
In any hearing in which the financial examiner acting under authority of ss. 494.001-494.0077 is available for cross-examination, any official written ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0016; Books, accounts, and records; maintenance; examinations by the office.
(1) Each licensee shall maintain, at the principal place of business designated on the license, all books, accounts, records, and documents necessary to determine the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00165; Prohibited advertising; record requirements.
(1) It is a violation of this chapter for any person to: (a) Advertise that an applicant will have unqualified access to credit without disclosing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0017; Regulatory Trust Fund.
(1) The office shall pay valid claims arising under former ss. 494.042, 494.043, and 494.044, as provided in former s. 494.00171 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0018; Penalties.
(1) Whoever knowingly violates any provision of s. 494.0041(2)(e), (f), or (g); s. 494.0072(2)(e), (f), or (g); or s. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0019; Liability in case of unlawful transaction.
(1) If a mortgage transaction is made in violation of any provision of ss. 494.001-494.0077, the person making the transaction and every ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.002; Statutory or common-law remedies.
Nothing in ss. 494.001-494.0077 limits any statutory or common-law right of any person to bring any action in any court for ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0021; Public records.
All audited financial statements submitted pursuant to ss. 494.001-494.0077 are confidential and exempt from the requirements of s. 119.07(1), except ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0022; Applicability of act.
Failure to comply with the provisions of ss. 494.001-494.0077 does not affect the validity or enforceability of any mortgage loan; and no ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0023; Conflicting interest.
(1) If, in a mortgage transaction, a licensee has a conflicting interest as specified in subsection (2): (a) The type of conflicting interest shall be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0024; Waiver.
Unless otherwise indicated, any waiver of ss. 494.001-494.0077 is unenforceable and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0025; Prohibited practices.
It is unlawful for any person: (1) To act as a mortgage lender in this state without a current, active license issued by the office ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0026; Disposition of insurance proceeds.
The following provisions apply to mortgage loans held by a mortgagee or assignee that is subject to ss. 494.003-494.0077. (1) The mortgagee ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0028; Arbitration.
(1) This section applies to any mortgage brokerage agreement, servicing agreement, loan application, or purchase agreement which provides for arbitration between: (a) A noninstitutional investor ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0029; Mortgage business schools.
(1)(a) Each person, school, or institution, except accredited colleges, universities, community colleges, and career centers in this state, which offers or conducts mortgage business ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00295; Professional continuing education.
(1) Mortgage brokers, and the principal representatives and loan originators of a mortgage lender, correspondent mortgage lender, or mortgage lender pursuant to s. 494.0065, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.003; Exemptions.
(1) None of the following persons is subject to the requirements of ss. 494.003-494.0043: (a) Any person licensed under ss. 494.006-...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0031; Licensure as a mortgage brokerage business.
(1) Each person who acts as a mortgage brokerage business must be licensed under this section unless otherwise exempt from licensure. (2) Each initial application ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0032; Renewal of mortgage brokerage business license or branch office license.
(1) The office shall renew a mortgage brokerage business license upon receipt of a completed renewal form and payment of a nonrefundable renewal fee of $...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0033; Mortgage broker's license.
(1) Each natural person who acts as a mortgage broker for a mortgage brokerage business or acts as an associate for a mortgage lender or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00331; Mortgage broker association.
No person required to be licensed as a mortgage broker under this chapter shall be simultaneously an associate of more than one licensed mortgage brokerage ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0034; Renewal of mortgage broker's license.
(1) The office shall renew a mortgage broker license upon receipt of the completed renewal form, certification of compliance with continuing education requirements of s. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0035; Principal broker and branch broker requirements.
(1) Each mortgage brokerage business must have a principal broker who shall operate the business under such broker's full charge, control, and supervision. The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0036; Mortgage brokerage business branch offices.
(1) A mortgage brokerage business branch office license is required for each branch office maintained by a mortgage brokerage business. (2) The office shall issue ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0038; Mortgage broker disclosures.
(1)(a) A person may not receive a fee for acting as a mortgage brokerage business except pursuant to a written agreement between the mortgage ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0039; Principal place of business requirements.
Each mortgage brokerage business licensee shall maintain and transact business from a principal place of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.004; Requirements of licensees.
(1) Each licensee under ss. 494.003-494.0043 shall report, in writing, any conviction of, or plea of nolo contendere to, regardless of adjudication, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0041; Administrative penalties and fines; license violations.
(1) Whenever the office finds a person in violation of an act specified in subsection (2), it may enter an order imposing one or more ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0042; Brokerage fees.
(1) A mortgage brokerage fee earned by a licensee, pursuant to ss. 494.003-494.0043, is not considered interest or a finance charge under ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00421; Fees earned upon obtaining a bona fide commitment.
Notwithstanding the provisions of ss. 494.001-494.0077, any mortgage brokerage business which contracts to receive from a borrower a mortgage brokerage fee upon ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0043; Requirements for brokering loans to noninstitutional investors.
(1) A mortgage broker, when arranging a mortgage loan for a noninstitutional investor, shall: (a) Before any payment of money by a noninstitutional investor, provide ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.006; Exemptions.
(1) None of the following persons are subject to the requirements of ss. 494.006-494.0077 in order to act as a mortgage lender ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0061; Mortgage lender's license requirements.
(1) Each person who acts as a mortgage lender must be licensed under this section unless otherwise exempt from licensure. (2) Each initial application for ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0062; Correspondent mortgage lender's license requirements.
(1) Each person who acts as a correspondent mortgage lender must be licensed under this section unless otherwise exempt from licensure. (2) Each initial application ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0063; Audited financial statements.
All audited financial statements required by ss. 494.001-494.0077 must be prepared by an independent licensed certified public ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0064; Renewal of mortgage lender's license; branch office license renewal.
(1)(a) The office shall renew a mortgage lender license upon receipt of a completed renewal form and the nonrefundable renewal fee of $575. The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0065; Saving clause.
(1)(a) Any person in good standing who holds an active registration pursuant to former s. 494.039 or license pursuant to former s. 521....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0066; Branch offices.
(1) A branch office license is required for each branch office maintained by a licensee under ss. 494.006-494.0077. (2) The office shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0067; Requirements of licensees under ss. 494.006-494.0077.
(1) Each licensee under ss. 494.006-494.0077 which makes mortgage loans on real estate in this state shall transact business from a principal ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0068; Loan application process.
(1) In addition to the requirements set forth in s. 494.0067(8), before accepting an application fee in whole or in part, a credit ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0069; Lock-in agreement.
(1) Each lock-in agreement must be in writing and must contain: (a) The expiration date of the lock-in, if any; (b) The interest ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.007; Commitment process.
(1) If a commitment is issued, the lender shall disclose in writing: (a) The expiration date of the commitment; (b) The mortgage amount, meaning the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0071; Expiration of lock-in agreement or commitment.
If a lock-in agreement has been executed and the loan does not close before the expiration date of either the lock-in agreement or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0072; Administrative penalties and fines; license violations.
(1) Whenever the office finds a person in violation of an act specified in subsection (2), it may enter an order imposing one or more ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00721; Net worth.
(1) The net worth requirements required in ss. 494.0061, 494.0062, and 494.0065 shall be continually maintained as a condition of licensure. (2) ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0073; Mortgage lender or correspondent mortgage lender when acting as a mortgage brokerage business.
Sections 494.006-494.0077 do not prohibit a mortgage lender or correspondent mortgage lender from acting as a mortgage brokerage business. However, in mortgage ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0074; Lender fees and charges.
(1) In a mortgage financing transaction, fees designated as loan origination fees, up to 4 percent of the face amount of the loan or line ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0075; Requirements for selling loans to noninstitutional investors.
(1) A mortgage lender, when selling a mortgage loan to a noninstitutional investor, shall: (a) Before any payment of money by a noninstitutional investor, provide ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0076; Servicing audits.
(1)(a) Each licensee under ss. 494.006-494.0077 which services mortgage loans shall: 1. Maintain a segregated set of records for accounts that ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0077; Other products and services.
Sections 494.006-494.0077 do not prohibit a mortgage lender from offering, for a fee or commission, products and services in addition to those ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0078; Short title; purposes.
(1) This act shall be known as the "Florida Fair Lending Act." (2)(a) The Legislature finds that abusive mortgage lending has become a problem ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0079; Definitions.
As used in this act: (1) "Affiliate" means any company that controls, is controlled by, or is in common control with another company, as set ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00791; Prohibited acts.
(1) PREPAYMENT PENALTIES.-- (a) A high-cost home loan may not contain terms that require a borrower to pay a prepayment penalty for paying all ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00792; Required disclosures for high-cost home loans.
(1) In addition to other disclosures required by law and in conspicuous type: (a) Notice to borrower.--A lender making a high-cost home loan ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00793; Liability of purchasers and assignees.
Any person who purchases or is otherwise assigned a high-cost home loan shall be subject to all claims and defenses with respect to that ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00794; Right to cure high-cost home loans.
(1) RIGHT TO REINSTATE.--For a high-cost home loan, if a lender asserts that grounds for acceleration exist and requires the payment in full ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00795; Powers and duties of the commission and office; investigations; examinations; injunctions; orders.
(1)(a) The commission and office are responsible for the administration and enforcement of this act. (b) The commission may adopt rules pursuant to ss. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00796; Enforcement.
(1) Any person or the agent, officer, or other representative of any person committing a material violation of the provisions of this act shall forfeit ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00797; General rule.
All counties and municipalities of this state are prohibited from enacting and enforcing ordinances, resolutions, and rules regulating financial or lending activities, including ordinances, resolutions, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.008; Mortgages offered by land developers licensed pursuant to the Florida Uniform Land Sales Practices Law; requirements; prohibitions.
No mortgage loan which has a face amount of $35,000 or less and is secured by vacant land registered under the Florida Uniform Land ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.001; Short title.
This chapter may be cited as the "Registration and Protection of Trademarks ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.011; Definitions.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.021; Registrability.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.031; Application for registration.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.035; Filing of applications.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.041; Use by related companies.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.051; Disclaimers.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.061; Certificate of registration.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.071; Duration and renewal.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.081; Assignments; changes of name; security interests.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.091; Records.
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....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.101; Cancellation.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.111; Classification.
(1) The following general classes of goods and services, conforming to the classification adopted by the United States Patent and Trademark Office, are established for ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.121; Fraudulent registration.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.131; Infringement.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.141; Remedies.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.145; Forum for actions regarding registration.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.151; Dilution.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.161; Common-law rights.
Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.171; Effective date; repeal of conflicting acts.
(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, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.181; Construction of chapter.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.191; Fees.
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) ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.401; Short title.
Sections 496.401-496.424 may be cited as the "Solicitation of Contributions ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.402; Legislative intent.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.403; Application.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.404; Definitions.
As used in ss. 496.401-496.424: (1) "Charitable organization" means any person who is or holds herself or himself out to be established ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.405; Registration statements by charitable organizations and sponsors.
(1)(a) A charitable organization or sponsor, unless exempted pursuant to s. 496.406, which intends to solicit contributions in this state by any means ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.406; Exemption from registration.
The following charitable organizations and sponsors are exempt from the requirements of s. 496.405: (1) A person who is soliciting for a named individual, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.407; Financial report.
(1) A charitable organization or sponsor that is required to initially register or annually renew registration must file an annual financial report for the immediately ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.409; Registration and duties of professional fundraising consultant.
(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-...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.410; Registration and duties of professional solicitors.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.411; Disclosure requirements and duties of charitable organizations and sponsors.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.412; Disclosure requirements and duties of professional solicitors.
(1) A professional solicitor must comply with and be responsible for complying or causing compliance with the following disclosures: (a) Prior to orally requesting a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.413; Contributions solicited for or accepted on behalf of a named individual.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.414; Duties of commercial co-venturers.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.415; Prohibited acts.
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) ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.416; Violation as deceptive or unfair trade practice.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.417; Criminal penalties.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.418; Records.
Each charitable organization, sponsor, professional fundraising consultant, and professional solicitor must keep for a period of at least 3 years true and accurate records as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.419; Powers of the department.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.420; Civil remedies and enforcement.
(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....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.421; More stringent local provisions not preempted by ss. 496.401-496.424.
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, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.422; Duties of the Department of State.
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, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.423; Public information; annual report.
(1) The department shall develop a public information program, which should include a plan to distribute information to the public, to further the purposes of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.424; Rulemaking authority.
The department has the authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of ss. 496.401-...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.425; Solicitation of funds within public transportation facilities.
(1) As used in this section: (a) "Authority" means this state or any agency thereof, a county or municipality, or any entity established by law ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.4255; Public airport not required to grant permit or access.
Notwithstanding s. 496.425, a governmental entity or authority that owns or operates an airport, as defined in s. 332.01, may not be required ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.426; Registration and solicitation requirements.
(1) In addition to the other requirements of this chapter, a sponsor is eligible to register and solicit contributions in this state only if the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.001; Short title.
This chapter may be cited as the "Florida Funeral, Cemetery, and Consumer Services ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.002; Purpose and intent.
(1) The Legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral or burial services may suffer serious economic harm if ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.0021; Applicability of parts.
The provisions of this part shall be applicable to and supplement the provisions of parts II, III, IV, V, and VI of this chapter and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.005; Definitions.
As used in this chapter: (1) "Alternative container" means an unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.101; Board of Funeral, Cemetery, and Consumer Services; membership; appointment; terms.
(1) The Board of Funeral, Cemetery, and Consumer Services is created within the Department of Financial Services and shall consist of 10 members, 9 of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.103; Authority of board and department; Chief Financial Officer recommendations.
(1) BOARD AUTHORITY.--Subject to the provisions of this section, all authority provided under this chapter, including rulemaking authority, relating to the following matters, is ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.107; Headquarters.
The Board of Funeral, Cemetery, and Consumer Services may be contacted through the division at the headquarters of the department in the City of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.140; Fees.
(1)(a) As to any fee payable under this chapter as to which discretion is provided to the licensing authority to specify the amount of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.141; Licensing; general application procedures.
(1) The provisions of this section shall supplement and implement all provisions of this chapter relating to application for licensure. (2) Any person desiring to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.142; Licensing; fingerprinting and criminal background checks.
(1) In any instance that this chapter requires submission of fingerprints in connection with an application for license, the provisions of this section shall apply. (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.143; Licensing; limited licenses for retired professionals.
(1) It is the intent of the Legislature that, absent a threat to the health, safety, and welfare of the public, the use of retired ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.144; Licensing; examinations, general provisions.
(1) The department shall, with the approval of the board, provide, contract, or approve services for the development, preparation, administration, scoring, score reporting, and evaluation ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.145; Licensing; use of professional testing services.
Notwithstanding any other provision of law to the contrary, the department may use a professional testing service to prepare, administer, grade, and evaluate any computerized ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.146; Licensing; address of record; changes; licensee responsibility.
Each licensee under this chapter is responsible for notifying the department in writing of the licensee's current business and residence mailing address and the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.147; Continuing education; general provisions.
(1) As to any licensure under this chapter that requires prelicensure training or continuing education for renewal of a license, no such training or continuing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.148; Continuing education; monitoring of compliance.
The department shall establish a system to monitor licensee compliance with applicable training and continuing education requirements and to determine each licensee's continuing education ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.149; Investigations, hearings, and inspections.
(1) INVESTIGATIONS.--Investigations shall be conducted by the department. The following provisions shall apply concerning investigations: (a) There shall be investigated all complaints directly or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.150; Compliance examinations of existing licensees.
(1) There may be examined by the department the facilities, records, operations, trust accounts, and financial affairs of licensees under this chapter, as often as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.151; Complaints; logs; procedures.
(1) This section shall be applicable to all entities licensed under this chapter. (2) Licensees shall cause to be maintained on a continuing basis a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.152; Disciplinary grounds.
This section sets forth conduct that is prohibited and that shall constitute grounds for denial of any application, imposition of discipline, or other enforcement action ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.153; Disciplinary procedures and penalties.
(1) JURISDICTION OF LICENSING AUTHORITY TO INVESTIGATE AND PROSECUTE.--The expiration, nonrenewal, or surrender of licensure under this chapter shall not eliminate jurisdiction in the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.154; Disciplinary guidelines.
(1) The board shall adopt, by rule, and periodically review the disciplinary guidelines applicable to each ground for disciplinary action which may be imposed by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.155; Disciplinary citations and minor violations.
(1) CITATIONS.-- (a) Notwithstanding the provisions of s. 497.153, the board shall adopt rules to permit the issuance of citations. The citation shall be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.156; Emergency action against licensees.
In addition to or in lieu of other actions authorized under this chapter for the enforcement of this chapter, the department may issue emergency orders ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.157; Unlicensed practice; remedies concerning violations by unlicensed persons.
(1) No person or entity shall engage in any activity for which a license is required under this chapter, without holding such licensure in good ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.158; Court enforcement actions; powers; abatement of nuisances.
(1) In addition to or in lieu of other actions authorized by this chapter, the department may petition the courts of this state for injunctive ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.159; Crimes.
(1) The theft in whole or in part or the act of unauthorized reproducing, circulating, or copying of any questions or answers on, from, or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.160; Receivership proceedings.
(1) The department, with the approval of the board, may petition the circuit courts of this state for appointment of a receiver of any licensee ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.161; Other rulemaking provisions.
(1) In addition to such other rules as are authorized or required under this chapter, the following additional rules, not inconsistent with this chapter, shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.162; Health and safety education.
All individuals not licensed under this chapter who intend to be employed as operational personnel affiliated with a direct disposal establishment, cinerator facility, removal service, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.163; Restriction on requirement of citizenship.
No person shall be disqualified from practicing an occupation or profession regulated by this chapter solely because she or he is not a United States ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.164; Solicitation of goods or services.
(1) The board is authorized to adopt rules regulating the solicitation of sales of burial rights, merchandise, or services by licensees. (2) The board shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.165; Liability of owners, directors, and officers regarding trust funds.
The owners, officers, and directors of any licensee under this chapter may be held jointly and severally liable for any deficiency in any trust fund ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.166; Preneed sales.
(1) Regulation of preneed sales shall be as set forth in part IV of this chapter. No person may act as an agent for a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.167; Administrative matters.
(1) The department shall establish and operate a toll-free telephone hotline to receive complaints and provide information relating to the regulation under this chapter. (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.168; Members of Armed Forces in good standing with administrative boards.
(1) Any reserve member of the Armed Forces of the United States, and any member of any element of the National Guard, now or hereafter ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.169; Private actions; actions on behalf of consumers; attorney's fee.
(1) The Attorney General, or the department on behalf of Florida residents, or any person may bring a civil action against a person or company ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.170; Unauthorized arrangements.
(1) Any arrangement to provide merchandise or services as defined in this chapter, by which payment for such merchandise or services is to be paid ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.171; Identification of human remains.
(1) PRIOR TO FINAL DISPOSITION.-- (a) This subsection shall apply to licensees under parts III and VI. (b) The licensee in charge of the final ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.172; Public records exemptions; public meetings exemptions.
(1) EXAMINATION DEVELOPMENT MEETINGS.--Those portions of meetings of the board at which licensure examination questions or answers under this chapter are discussed are exempt ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.260; Cemeteries; exemption; investigation and mediation.
(1) The provisions of this chapter relating to cemeteries and all rules adopted pursuant thereto shall apply to all cemeteries except for: (a) Religious institution ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.261; Existing companies, effect of this chapter.
Cemetery companies existing on October 1, 1993, shall continue in full force and effect but shall be operated in accordance with the provisions of this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.262; Duty of care and maintenance of licensed cemetery.
Every cemetery company or other entity responsible for the care and maintenance of a licensed cemetery in this state shall ensure that the grounds, structures, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.263; Cemetery companies; license required; licensure requirements and procedures.
(1) LICENSE REQUIRED.--No person may operate a cemetery without first obtaining a license under this section, unless specifically exempted from this chapter. (2) APPLICATION ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.264; License not assignable or transferable.
(1) A license issued to operate a cemetery pursuant to this chapter is not transferable or assignable, and a licensee may not develop or operate ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.265; Annual license fees.
(1) The department shall collect from each cemetery company operating under the provisions of this chapter an annual license fee as follows: (a) For a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.266; Care and maintenance trust fund; remedy of department for noncompliance.
(1) No cemetery company may establish a cemetery, or operate a cemetery if already established, without providing for the future care and maintenance of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.267; Disposition of income of care and maintenance trust fund; notice to purchasers and depositors.
The net income of the care and maintenance trust fund shall be used solely for the care and maintenance of the cemetery, including maintenance of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.268; Care and maintenance trust fund, percentage of payments for burial rights to be deposited.
(1) Each cemetery company shall set aside and deposit in its care and maintenance trust fund the following percentages or amounts for all sums received ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.269; Care and maintenance trust fund; financial reports.
On or before April 1 of each year, the trustee shall furnish adequate financial reports with respect to the care and maintenance trust fund utilizing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.270; Minimum acreage; sale or disposition of cemetery lands.
(1) No land in a licensed cemetery may be sold, mortgaged, leased, or encumbered without prior approval of the licensing authority pursuant to procedures specified ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.271; Standards for construction and significant alteration or renovation of mausoleums and columbaria.
(1) All newly constructed and significantly altered or renovated mausoleums and columbaria must, in addition to complying with applicable building codes, conform to the standards ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.272; Construction of mausoleums, columbaria, and belowground crypts; preconstruction trust fund; compliance requirement.
(1) A cemetery company shall start construction of that section of a mausoleum, columbarium, or bank of belowground crypts in which sales, contracts for sales, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.273; Cemetery companies; authorized functions.
(1) Within the boundaries of the cemetery lands it owns, a cemetery company may perform the following functions: (a) The exclusive care and maintenance of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.274; Standards for grave spaces.
(1) A standard adult grave space shall measure at least 42 inches in width and 96 inches in length, except for preinstalled vaults in designated ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.276; Records.
(1) A record shall be kept of every burial in the cemetery of a cemetery company, showing the date of burial and the name of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.2765; Recording purchase of burial rights.
(1) Any person purchasing a burial right, belowground crypt, grave space, mausoleum, columbarium, ossuary, or scattering garden for the interment, entombment, inurnment, or other disposition ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.277; Other charges.
Other than the fees for the sale of burial rights, burial merchandise, and burial services, no other fee may be directly or indirectly charged, contracted ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.278; Monuments; installation fees.
(1) No cemetery company may charge a fee for the installation of a monument purchased or obtained from and to be installed by a person ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.280; Illegal tying arrangements.
(1) No person authorized to sell grave space may tie the purchase of any grave space to the purchase of a monument from or through ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.281; Licensure of brokers of burial rights.
(1) No person shall receive compensation to act as a third party to the sale or transfer of three or more burial rights in a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.282; Disclosure of information to public.
A licensee offering to provide burial rights, merchandise, or services to the public shall: (1) Provide by telephone, upon request, accurate information regarding the retail ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.283; Prohibition on sale of personal property or services.
(1) This section applies to all cemetery companies licensed pursuant to this chapter that offer for sale or sell personal property or services which may ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.284; Abandoned cemeteries; immunity; actions.
(1) Notwithstanding any provision of law to the contrary, a county or municipality which has within its jurisdiction an abandoned cemetery or a cemetery that ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.285; Inactive cemeteries.
(1) A licensee shall be considered inactive upon the acceptance of the surrender of its license by the department or upon the nonreceipt by the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.286; Owners to provide addresses; presumption of abandonment; abandonment procedures; sale of abandoned unused burial rights.
(1) For purposes of this section, all owners of burial rights in any cemetery licensed under the provisions of this chapter shall have the legal ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.287; Report of identification of exempt cemeteries.
(1) All cemeteries in excess of 5 acres located in this state that are exempt from the provisions of this chapter shall be required to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.365; Licensure; inactive and delinquent status.
(1) This section shall apply only to licenses issued under this part. A licensee may practice a profession or occupation regulated under this part only ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.366; Licensure; renewal and cancellation notices.
(1) At least 90 days before the end of a licensure cycle, the licensing authority shall: (a) Forward a licensure renewal notification to an active ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.367; Instruction on HIV and AIDS, funeral directors and embalmers.
(1) Each person licensed as a funeral director or embalmer under this chapter shall be required to complete an approved continuing educational course on human ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.368; Embalmers; licensure as an embalmer by examination; provisional license.
(1) Any person desiring to be licensed as an embalmer shall apply to the licensing authority to take the licensure examination. The licensing authority shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.369; Embalmers; licensure as an embalmer by endorsement; licensure of a temporary embalmer.
(1) The licensing authority shall issue a license by endorsement to practice embalming to an applicant who has remitted an examination fee set by rule ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.370; Embalmers; licensure of an embalmer intern.
(1) Any person desiring to become an embalmer intern shall make application to the licensing authority on forms specified by rule, together with a nonrefundable ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.371; Embalmers; establishment of embalmer apprentice program.
The licensing authority adopts rules establishing an embalmer apprentice program. An embalmer apprentice may perform only those tasks, functions, and duties relating to embalming which ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.372; Funeral directing; conduct constituting funeral directing.
(1) The practice of funeral directing shall be construed to consist of the following functions, which may be performed only by a licensed funeral director: (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.373; Funeral directing; licensure as a funeral director by examination; provisional license.
(1) Any person desiring to be licensed as a funeral director shall apply to the licensing authority to take the licensure examination. The licensing authority ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.374; Funeral directing; licensure as a funeral director by endorsement; licensure of a temporary funeral director.
(1) The licensing authority shall issue a license by endorsement to practice funeral directing to an applicant who has remitted a fee set by rule ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.375; Funeral directing; licensure of a funeral director intern.
(1) Any person desiring to become a funeral director intern shall make application on forms as required by rule, together with a nonrefundable fee as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.376; License as funeral director and embalmer permitted; display of license.
(1) Nothing in this chapter may be construed to prohibit a person from holding a license as an embalmer and a license as a funeral ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.377; Concurrent internships.
The internship requirement for embalmers and funeral directors may be served concurrently pursuant to rules adopted by the licensing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.378; Renewal of funeral director and embalmer licenses.
(1) There shall be renewed a funeral director or embalmer license upon receipt of the renewal application and fee set by the licensing authority not ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.379; Inactive status.
(1) A funeral director or embalmer license that has become inactive may be reactivated under s. 497.378 upon application to the licensing authority. The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.380; Funeral establishment; licensure.
(1) A funeral establishment shall be a place at a specific street address or location consisting of at least 1,250 contiguous interior square feet ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.381; Solicitation of goods or services.
(1) The licensing authority shall adopt rules regulating the solicitation of goods or services by licensees. (2) The licensing authority shall regulate such solicitation to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.382; Reports of cases embalmed and bodies handled.
(1) Each funeral establishment, direct disposal establishment, cinerator facility, and centralized embalming facility shall report on a form prescribed and furnished by the licensing authority ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.383; Additional rights of legally authorized persons.
(1) In addition to any other common law or statutory rights a legally authorized person may otherwise have, that person may authorize a funeral director ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.384; Disinterment; transportation; authorization and notification.
(1) The disinterment and reinterment of human remains shall require the physical presence of a licensed funeral director, unless the reinterment is to be made ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.385; Removal services; refrigeration facilities; centralized embalming facilities.
In order to ensure that the removal, refrigeration, and embalming of all dead human bodies is conducted in a manner that properly protects the public'...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.386; Storage, preservation, and transportation of human remains.
(1) A person may not store or maintain human remains at any establishment or facility except an establishment or facility licensed under this chapter or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.387; Unlawful to remove or embalm body without consent of proper official when crime is suspected.
It is unlawful for a licensee under this chapter to remove or embalm a dead human body when she or he has information indicating crime ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.389; Funeral establishments; cash advance accounts; escrow refund accounts.
(1) Funeral establishments may elect to maintain special, segregated bank accounts to be used in conjunction with making cash advances to vendors. The money in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.390; Reciprocity.
In order to ensure that funeral directors, embalmers, and direct disposers who are licensed in this state may be considered for licensure or registration in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.391; Exceptions.
(1) Nothing in this chapter may be construed to limit the sale of caskets, alternative containers, outer burial containers, or funeral merchandise by any person ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.392; Branch chapels.
Notwithstanding the provisions of s. 497.380, any licensed establishment operating a branch chapel on June 30, 1979, in accordance with the law then in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.450; Preneed sales; chapter exclusive; applicability of other laws.
Except as provided in this chapter, preneed funeral merchandise or service contract businesses and preneed burial merchandise or service contract businesses shall be governed by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.451; Insurance business not authorized.
Nothing in the Florida Insurance Code or this chapter shall be deemed to authorize any preneed funeral merchandise or service contract business or any preneed ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.452; Preneed license required.
(1)(a) No person, including any cemetery exempt under s. 497.260, may sell, advertise to sell, or make an arrangement for a preneed contract ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.453; Application for preneed license, procedures and criteria; renewal; reports.
(1) PRENEED LICENSE APPLICATION PROCEDURES.-- (a) A person seeking a license to enter into preneed contracts shall apply for such licensure using forms prescribed by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.454; Approval of preneed contract and related forms.
(1) Preneed contract forms and related forms shall be filed with and approved by the licensing authority prior to use, pursuant to procedures specified by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.455; Nonconforming contracts.
Any preneed contract that requires the moneys paid to the seller or trustee to be placed in trust and fails to comply with s. 497....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.456; Preneed Funeral Contract Consumer Protection Trust Fund.
(1) There is hereby created in the department the Preneed Funeral Contract Consumer Protection Trust Fund to be administered and regulated by the licensing authority. (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.457; Ownership of proceeds received on contracts.
(1) Subject to the provisions of this chapter, all funds paid pursuant to a preneed contract by a purchaser to a preneed licensee shall be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.458; Disposition of proceeds received on contracts.
(1)(a) Any person who is paid, collects, or receives funds under a preneed contract for funeral services or merchandise or burial services or merchandise ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.459; Cancellation of, or default on, preneed contracts.
(1) CANCELLATION BY CUSTOMER WITHIN 30 DAYS.--A purchaser, by providing written notice to the preneed licensee, may cancel a preneed contract within 30 days ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.460; Payment of funds upon death of named beneficiary.
Disbursements of funds discharging any preneed contract fulfilled after September 30, 1993, shall be made by the trustee to the preneed licensee upon receipt of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.461; Surety bonding as alternative to trust deposit.
(1) In lieu of depositing funds into a trust as required by s. 497.548(1) or s. 497.464, a preneed licensee may elect ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.462; Other alternatives to deposits under s. 497.458.
(1)(a) As an alternative to the requirements of s. 497.458 that relate to trust funds for contracts written prior to July 1, 2001, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.463; Existing merchandise trust funds; proof of compliance with law.
The preneed licensee shall present to the licensing authority prior to the implementation of the alternatives provided in s. 497.462 documentation which demonstrates that ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.464; Alternative preneed contracts.
(1) Nothing in this chapter shall prevent the purchaser and the preneed licensee from executing a preneed contract upon the terms stated in this section. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.465; Inactive, surrendered, and revoked preneed licensees.
(1) A preneed licensee shall be considered inactive upon the acceptance of the surrender of its license by the licensing authority or upon the nonreceipt ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.466; Preneed sales agents, license required; application procedures and criteria; appointment of agents; responsibility of preneed licensee.
(1) GENERAL PROVISIONS APPLICABLE TO PRENEED SALES AGENTS.--All persons who offer preneed contracts to the public, or who execute preneed contracts on behalf of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.467; Acceptability of funeral and burial merchandise.
Each person who engages in preneed sales of funeral or burial merchandise shall determine, and notify the purchaser in writing prior to the completion of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.468; Disclosure of information to the public.
A preneed licensee offering to provide burial rights, merchandise, or services to the public shall: (1) Provide by telephone, upon request, accurate information regarding the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.550; Licensure of monument establishments required; procedures and criteria.
(1) LICENSE REQUIRED.--No person shall conduct, maintain, manage, or operate a monument establishment in this state unless the monument establishment is licensed pursuant to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.551; Renewal of monument establishment licensure.
(1) A monument establishment license shall be renewed biennially by the licensee. (2) A monument establishment licensee shall renew its monument establishment license by payment ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.552; Required facilities.
Effective January 1, 2006, a monument establishment shall at all times have and maintain a full-service place of business at a specific street address ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.553; Regulation of monument establishments.
(1) The Department of Financial Services shall establish and implement an inspection program for all monument establishments in accordance with the requirements of this act. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.554; Monument establishment sales representatives.
(1) LICENSE REQUIRED.--Each person selling monuments, markers, or related products for a monument establishment must be licensed as a monument establishment sales agent. This ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.555; Required rules.
Rules shall be adopted establishing minimum standards for access to all cemeteries by licensed monument establishments for the purpose of delivering and installing markers and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.601; Direct disposition; duties.
(1) Those individuals licensed as direct disposers may perform only those functions set forth below: (a) Remove human remains from the place of death and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.602; Direct disposers, license required; licensing procedures and criteria; regulation.
(1) LICENSE REQUIRED.--Any person who is not a licensed funeral director and who engages in the practice of direct disposition must be licensed pursuant ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.603; Direct disposers, renewal of license.
(1) A direct disposer's license shall be renewed upon receipt of the renewal application and fee set by rule of the licensing authority but ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.604; Direct disposal establishments, license required; licensing procedures and criteria; license renewal; regulation.
(1) LICENSE REQUIRED.--A direct disposer shall practice at a direct disposal establishment which has been licensed under this section and which may be a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.605; Direct disposition not funeral directing.
The duties, functions, and services performed by a direct disposer licensee, as provided by this chapter, shall not be deemed to constitute funeral directing or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.606; Cinerator facility, licensure required; licensing procedures and criteria; license renewal; regulation.
(1) LICENSE REQUIRED.--No person may conduct, maintain, manage, or operate a cinerator facility unless a license for such facility has been issued and is ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.607; Cremation; procedure required.
(1) At the time of the arrangement for a cremation performed by any person licensed pursuant to this chapter, the person contracting for cremation services ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.608; Liability for unintentional commingling of the residue of the cremation process.
(1) The Legislature recognizes that the unintentional or incidental commingling of the residue of the cremation of human remains is an inevitable byproduct of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.001; Short title.
This chapter may be cited as the "Florida Uniform Land Sales Practices ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.003; Legislative intent.
(1) The Legislature expressly recognizes that the disposition of any interest in subdivided lands has a vital impact on Florida's economy and that such ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.005; Definitions.
As used in this chapter, unless the context otherwise requires, the term: (1) "Advertising" means the publication of or the causing to be published of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.007; General powers and duties.
(1) The division has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to administer the provisions of this act. (2) ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.009; Offices.
(1) The executive offices of the division shall be established and maintained in Tallahassee. (2) The division may establish and maintain branch ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.011; Payment of per diem, mileage, and other expenses to division employees.
The amount of per diem and mileage and expense money paid to employees shall be as provided in s. 112.061, except that the division ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.013; Seal and authentication of records.
The division shall adopt a seal by which it shall authenticate its records. Copies of the records of the division, and certificates purporting to relate ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.017; Fees.
The division shall charge fees as follows: (1) A base fee of $450 per subdivision registration application plus a fee of $4 for each of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.019; Division of Florida Land Sales, Condominiums, and Mobile Homes Trust Fund.
(1) There is created within the State Treasury the Division of Florida Land Sales, Condominiums, and Mobile Homes Trust Fund to be used for the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.021; Jurisdiction.
The dispositions of subdivided lands are subject to this chapter, and the circuit courts of this state have jurisdiction in claims or causes of action ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.022; Jurisdiction over fraudulent acts.
(1) It shall be unlawful and a violation of this chapter for a person to offer or dispose of 5 or more lots, parcels, units, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.023; Prohibitions on dispositions of interests in subdivided lands.
Unless the subdivided lands or the transaction is exempt pursuant to s. 498.025: (1) No person shall, unless the person has a valid order ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.024; Reservations.
(1) Notwithstanding s. 498.023, prior to filing an application for registration pursuant to s. 498.027, a subdivider may file an application for a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.025; Exemptions.
(1) Except as provided in s. 498.022, the provisions of this chapter do not apply to: (a) The offer or disposition of an interest ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.027; Application for registration.
(1) The application for registration of subdivided lands shall be filed as prescribed by the rules of the division and shall contain any of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.028; Contracts and conveyance instruments.
The contract for purchase of subdivided lands shall contain, and the subdivider shall comply with, the following provisions: (1) The purchaser shall have an absolute ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.029; Notice of filing and registration.
(1) Upon receipt of the application for registration in proper form, the division shall issue a notice of filing to the applicant. Within 30 days ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.031; Inquiry and examination.
(1) Upon receipt of an application for registration in proper form and if subject to the provisions of s. 498.039, the division shall conduct ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.033; Registration of subdivided lands.
(1) After an order of registration has been issued, the registrant shall comply with all obligations contained in the purchase contract, public offering statement, and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.035; Advertising material.
(1) The division, by rule or order, may require the filing for approval of advertising material relating to subdivided lands prior to distribution of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.037; Public offering statement.
(1) Any public offering statement shall disclose fully and accurately the physical characteristics of the subdivided lands and shall make known to prospective purchasers all ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.039; Certain assurances or trust and escrow accounts required; reports required.
(1) The division shall require each registrant offering property subject to an encumbrance to establish and maintain an escrow account with an escrow agent in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.041; Annual renewal; termination of registration.
(1) Each registrant shall annually renew each order of registration it holds until the registration is revoked or terminated by the division. The annual renewal ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.047; Investigations.
(1) The division may: (a) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.049; Suspension; revocation; civil penalties.
(1) The division may revoke or suspend a registration upon finding that the registrant has: (a) Failed to comply with the terms of any written ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.051; Cease and desist orders.
(1) The division may issue an order requiring a person to cease and desist, and to take such affirmative action as will carry out the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.053; Notices to show cause.
In addition to the authority of the division to issue a notice to show cause pursuant to other sections of this chapter or pursuant to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.057; Service of process.
(1) In addition to the methods of service provided for in the Florida Rules of Civil Procedure and the Florida Statutes, service may be made ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.059; Penalties.
A person is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.061; Civil remedy.
(1) Any subdivider who disposes of any interest in subdivided lands in violation of s. 498.023, or who in disposing of any interest falsifies ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.063; Saving clause.
(1) Any application for registration of subdivided lands for which the division has issued a notice of filing before the effective date of this act ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.001; Florida Drug and Cosmetic Act; short title.
Sections 499.001-499.081 may be cited as the "Florida Drug and Cosmetic ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.002; Purpose of ss. 499.001-499.081.
Sections 499.001-499.081 are intended to: (1) Safeguard the public health and promote the public welfare by protecting the public from injury by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.003; Definitions of terms used in ss. 499.001-499.081.
As used in ss. 499.001-499.081, the term: (1) "Advertisement" means any representation disseminated in any manner or by any means, other than ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.004; Administration and enforcement by department.
The Department of Health shall administer and enforce ss. 499.001-499.081 to prevent fraud, adulteration, misbranding, or false advertising in the preparation, manufacture, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.005; Prohibited acts.
It is unlawful for a person to perform or cause the performance of any of the following acts in this state: (1) The manufacture, repackaging, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0051; Criminal acts involving contraband or adulterated drugs.
(1) FAILURE TO MAINTAIN OR DELIVER PEDIGREE PAPERS.-- (a) A person, other than a manufacturer, engaged in the wholesale distribution of legend drugs who fails ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0052; Trafficking in contraband legend drugs.
A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of any amount ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0053; Power to administer oaths, take depositions, and issue and serve subpoenas.
For the purpose of any investigation or proceeding conducted by the department under ss. 499.001-499.081, the department may administer oaths, take depositions, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.00535; Sale or purchase of contraband legend drugs resulting in great bodily harm.
A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of any amount ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0054; Advertising and labeling of drugs, devices, and cosmetics.
It is a violation of the Florida Drug and Cosmetic Act to perform or cause the performance of any of the following acts: (1) The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.00545; Sale or purchase of contraband legend drugs resulting in death.
A person who knowingly manufactures, sells, purchases, delivers, or brings into this state, or who is knowingly in actual or constructive possession of any amount ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0055; False or misleading advertisement.
In determining whether an advertisement is false or misleading, the department shall review the representations made or suggested by statement, word, design, device, sound, or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0057; Advertisement exemptions.
(1) An advertisement that is not prohibited under s. 499.0054(1) is not prohibited under s. 499.0054(7) if it is disseminated to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.006; Adulterated drug or device.
A drug or device is adulterated: (1) If it consists in whole or in part of any filthy, putrid, or decomposed substance; (2) If it ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.007; Misbranded drug or device.
A drug or device is misbranded: (1) If its labeling is in any way false or misleading. (2) Unless, if in package form, it bears ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.008; Adulterated cosmetics.
A cosmetic is adulterated: (1) If it bears or contains any poisonous or deleterious substance that is injurious to users under the conditions of use ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.009; Misbranded cosmetics.
A cosmetic is misbranded: (1) If its labeling is false or misleading in any particular. (2) Unless, if in package form, it bears a label ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.01; Permits; applications; renewal; general requirements.
(1) Prior to operating, a permit is required for each person and establishment that intends to operate as: (a) A prescription drug manufacturer; (b) A ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.012; Wholesale distribution; definitions; permits; applications; general requirements.
(1) As used in this section, the term: (a) "Wholesale distribution" means distribution of prescription drugs to persons other than a consumer or patient, but ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.01201; Agency for Health Care Administration review and use of statute and rule violation or compliance data.
Notwithstanding any other provisions of law to the contrary, the Agency for Health Care Administration may not: (1) Review or use any violation or alleged ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0121; Storage and handling of prescription drugs; recordkeeping.
The department shall adopt rules to implement this section as necessary to protect the public health, safety, and welfare. Such rules shall include, but not ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.01211; Drug Wholesaler Advisory Council.
(1) There is created the Drug Wholesaler Advisory Council within the department. The council shall meet at least once each calendar quarter. Staff for the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0122; Medical oxygen and veterinary legend drug retail establishments; definitions, permits, general requirements.
(1) As used in this section, the term: (a) "Medical oxygen retail establishment" means a person licensed to sell medical oxygen to patients only. The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.013; Manufacturers and repackagers of drugs, devices, and cosmetics; definitions, permits, and general requirements.
(1) As used in this section, the terms "manufacture" and "repackage" have the meaning as in s. 499.003. A pharmacy is exempt from these ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.014; Distribution of legend drugs by hospitals, health care entities, charitable organizations, and return or destruction companies; permits, general requirements.
(1) A restricted prescription drug distributor permit is required for any person that engages in the distribution of a legend drug, which distribution is not ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.015; Registration of drugs, devices, and cosmetics; issuance of certificates of free sale.
(1)(a) Except for those persons exempted from the definition in s. 499.003(28), any person who manufactures, packages, repackages, labels, or relabels a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.023; New drugs; sale, manufacture, repackaging, distribution.
A person may not sell, offer for sale, hold for sale, manufacture, repackage, distribute, or give away any new drug unless an approved application has ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.024; Drug product classification.
The secretary shall adopt rules to classify drug products intended for use by humans which the United States Food and Drug Administration has not classified ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.025; Drug products in finished, solid, oral dosage form; identification requirements.
(1) A drug product in finished, solid, oral dosage form for which a prescription is required by federal or state law may not be manufactured ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.028; Drug samples or complimentary drugs; starter packs; permits to distribute.
(1) As used in this section, the term: (a) "Drug sample," or "complimentary drug," means a human prescription drug that is labeled "sample," "not to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.029; Cancer Drug Donation Program.
(1) This section may be cited as the "Cancer Drug Donation Program Act." (2) There is created a Cancer Drug Donation Program within the Department ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.03; Possession of certain drugs without prescriptions unlawful; exemptions and exceptions.
(1) A person may not possess, or possess with intent to sell, dispense, or deliver, any habit-forming, toxic, harmful, or new drug subject to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.032; Phenylalanine; prescription required.
Phenylalanine restricted formula is declared to be a prescription legend drug and may be dispensed only upon the prescription of a practitioner authorized by law ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.033; Ephedrine; prescription required.
Ephedrine is declared to be a prescription drug. (1) Except as provided in subsection (2), any product that contains any quantity of ephedrine, a salt ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.035; Dimethyl sulfoxide (DMSO); labeling and advertising.
(1) Dimethyl sulfoxide (DMSO) not approved for drug use must be clearly marked in at least 12-point boldfaced type: "May be unsafe. Not approved ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.039; Sale, distribution, or transfer of harmful chemical substances; penalties; authority for enforcement.
It is unlawful for a person to sell, deliver, or give to a person under the age of 18 years any compound, liquid, or chemical ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.04; Fee authority.
The department may collect fees for all drug, device, and cosmetic applications, permits, product registrations, and free-sale certificates. The total amount of fees collected ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.041; Schedule of fees for drug, device, and cosmetic applications and permits, product registrations, and free-sale certificates.
(1) The department shall assess applicants requiring a manufacturing permit an annual fee within the ranges established in this section for the specific type of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.05; Rules.
(1) The department shall adopt rules to implement and enforce ss. 499.001-499.081 with respect to: (a) The definition of terms used in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.051; Inspections and investigations.
(1) The agents of the Department of Health and of the Department of Law Enforcement, after they present proper identification, may inspect, monitor, and investigate ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.052; Records of interstate shipment.
For the purpose of enforcing ss. 499.001-499.081, carriers engaged in interstate commerce and persons receiving drugs, devices, or cosmetics in interstate commerce ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.055; Reports and dissemination of information by department.
(1) The department may cause to be published from time to time reports summarizing all judgments, decrees, and court orders that have been rendered under ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.057; Expenses and salaries.
All expenses and salaries shall be paid out of the special fund hereby created in the office of the Chief Financial Officer, which fund is ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.06; Embargoing, detaining, or destroying article or processing equipment which is in violation of law or rule.
(1) When a duly authorized agent of the department finds, or has probable cause to believe, that any drug, device, or cosmetic is in violation ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.062; Cause for seizure and condemnation of drugs, devices, or cosmetics.
Any article of any drug, device, or cosmetic that is adulterated or misbranded under ss. 499.001-499.081 is subject to seizure and condemnation ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.063; Seizure; procedure; prohibition on sale or disposal of article; penalty.
Whenever a duly authorized officer or employee of the department finds cause, or has probable cause to believe that cause exists, for the seizure of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.064; Condemnation and sale; release of seized article.
(1) When any article detained or seized under s. 499.063 has been found by the department to be subject to seizure and condemnation under ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.065; Imminent danger.
(1) Notwithstanding s. 499.051, the department shall inspect each prescription drug wholesale establishment, prescription drug repackager establishment, veterinary prescription drug wholesale establishment, limited prescription ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.066; Penalties; remedies.
In addition to other penalties and other enforcement provisions: (1) The department may institute such suits or other legal proceedings as are required to enforce ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0661; Cease and desist orders; removal of certain persons.
(1) DEFINITION.--As used in this section, the term "permittee" means any person holding a permit issued pursuant to s. 499.012. (2) CEASE AND ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.067; Denial, suspension, or revocation of permit, certification, or registration.
(1)(a) The department may deny, suspend, or revoke a permit if it finds that there has been a substantial failure to comply with ss. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.069; Criminal punishment for violations of s. 499.005 related to devices and cosmetics; dissemination of false advertisement.
(1) Any person who violates any of the provisions of s. 499.005 with respect to a device or cosmetic commits a misdemeanor of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0691; Criminal punishment for violations related to drugs; dissemination of false advertisement.
(1) Any person who violates any of the following provisions commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.07; Duty of prosecuting officer.
Each state attorney, county attorney, or municipal attorney to whom the department or its designated agent reports any violation of ss. 499.001-499.081 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.071; Issuance of warnings for minor violations.
Sections 499.001-499.081 do not require the department to report, for the institution of proceedings under ss. 499.001-499.081, minor violations ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.081; Carriers in interstate commerce exempted from ss. 499.001-499.081.
Carriers engaged in interstate commerce are not subject to ss. 499.001-499.081 if they are engaged in the usual course of business as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.601; Legislative intent; construction.
(1) The Legislature finds that the unregulated possession of bulk quantities of ether poses a substantial risk to the health, safety, and welfare of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.61; Definitions.
As used in this part: (1) "Dealer" means any person, firm, corporation, or other entity selling, brokering, or transferring ether to anyone other than a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.62; License or permit required of manufacturer, distributor, dealer, or purchaser of ether.
(1) It shall be unlawful for any person to engage in the business of manufacturing, distributing, or dealing in ether in this state, except when ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.63; Forms for applications for licenses and permits.
(1) The forms for applications for ether licenses and permits shall be prescribed by the department. (2) Each application for a license or permit required ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.64; Issuance of licenses and permits; prohibitions.
(1) Each license and permit issued by the department shall set forth, as a minimum, the full name, date of birth, and physical description of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.65; Possession of ether without license or permit prohibited; confiscation and disposal; exceptions.
(1) It is unlawful for any person to possess 2.5 gallons, or equivalent by weight, or more of ether unless she or he is ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.66; Maintenance of records and sales of ether by manufacturers, distributors, and dealers; inspections.
(1) It is unlawful for any manufacturer, distributor, or dealer to sell, distribute, or otherwise transfer ether to any person except a person presenting a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.67; Maintenance of records by purchasers; inspections.
(1) It is unlawful for any person to purchase, receive, store, or use ether without maintaining an accurate and current written inventory of all ether ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.68; Reports of thefts, illegal use, or illegal possession.
(1) Any sheriff, police department, or law enforcement officer of this state shall give immediate notice to the department of any theft, illegal use, or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.69; Possession in or near residential housing prohibited; legal entitlement to possession of premises not a defense.
(1) Notwithstanding the possession of a current valid license or permit as provided in this part, it is unlawful for any person to possess 2....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.701; Adoption of rules by the department.
(1) The department shall adopt and enforce rules necessary to the administration of its authority under this part. The rules must be such as are ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.71; Procedure for cease and desist orders.
(1) Whenever the department has reason to believe that any person is or has been violating any provision of this part or any rules adopted ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.72; Administrative fines.
(1) If any person violates any provision of this part or any rule adopted pursuant thereto, or violates a cease and desist order issued by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.73; Suspension or revocation of license or permit.
(1) The violation of any provision of this part, any rule adopted pursuant thereto, or any cease and desist order issued by the department by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.74; Conduct of hearings; review of orders of the department.
(1) All hearings shall be conducted in accordance with the provisions of chapter 120. (2) All review of orders of the department shall be in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.75; Penalties.
(1) Any person who knowingly manufactures, distributes, or deals in ether without possessing a valid current license as required by s. 499.62(2) is ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.76; Injunctive relief.
In addition to the penalties and other enforcement provisions of this part, in the event any person engaged in any of the activities covered by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.77; Exceptions.
Nothing contained in this part shall apply to the regular military and naval forces of the United States, or to the duly organized military forces ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.78; County and municipal ordinances.
Nothing contained in this part shall affect any existing ordinance, rule, or regulation pertaining to ether in any county or municipality in this state, which ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.79; Deposit of fees.
All fees collected for licenses and permits required by this part shall be deposited in the Florida Drug, Device, and Cosmetic Trust Fund created by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.01; Florida Food Safety Act; short title.
This chapter may be cited as the "Florida Food Safety ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.02; Purpose of chapter.
This chapter is intended to: (1) Safeguard the public health and promote the public welfare by protecting the consuming public from injury by product use ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.03; Definitions; construction; applicability.
(1) For the purpose of this chapter, the term: (a) "Advertisement" means any representation disseminated in any manner or by any means, other than by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.032; Declaration of policy and cooperation among departments.
(1) The department is charged with the administration and enforcement of this chapter in order to prevent fraud, harm, adulteration, misbranding, or false advertising in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.033; Florida Food Safety and Food Defense Advisory Council.
(1) There is created the Florida Food Safety and Food Defense Advisory Council for the purpose of serving as a forum for presenting, investigating, and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.04; Prohibited acts.
The following acts and the causing thereof within the state are prohibited: (1) The manufacture, sale or delivery, holding or offering for sale of any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.09; Rulemaking; analytical work.
(1) When in the judgment of the department such action will promote safety, honesty, and fair dealing in the interest of consumers, the department shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.10; Food deemed adulterated.
A food is deemed to be adulterated: (1)(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.11; Food deemed misbranded.
(1) A food is deemed to be misbranded: (a) If its labeling is false or misleading in any particular; however, corn meal shall not be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.115; Advertisement of food deemed false.
An advertisement of a food is deemed to be false if it is false or misleading in any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.12; Food permits; building permits.
(1)(a) A food permit from the department is required of any person who operates a food establishment or retail food store, except: 1. Persons ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.121; Disciplinary procedures.
(1) In addition to the suspension procedures provided in s. 500.12, the department may impose a fine not exceeding $5,000 against any retail ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.13; Addition of poisonous or deleterious substance to food.
(1) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive, shall, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.147; Inspection of food establishments and vehicles; food safety pilot program.
(1) The department or its duly authorized agent shall have free access at all reasonable hours to any food establishment or any vehicle being used ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.148; Reports and dissemination of information; confidentiality.
(1) The department may publish from time to time reports summarizing all judgments and court orders that have been rendered under this chapter, including the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.149; Employment of help; expenses and salaries.
The department may employ all help necessary to carry out and enforce the provisions of this chapter relating to foods and may designate any employee ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.165; Transporting shipments of food items; rules; penalty.
(1) It is unlawful for a carrier to transport food items in a vehicle or rail car that has been or is being used to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.166; Records of interstate shipment.
For the purpose of enforcing this chapter, carriers engaged in interstate commerce and persons receiving food in interstate commerce shall, upon the request by an ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.167; Carriers in interstate commerce; exception.
Carriers engaged in interstate commerce are exempt from the provisions of this chapter, except ss. 500.165 and 500....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.169; Enforcement of federal act.
The department may exercise the enforcement powers granted by, and subject to the limitations of, 21 U.S.C. s. 337(...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.171; Injunction to restrain violation.
In addition to the remedies provided in this chapter and notwithstanding the existence of any adequate remedy at law, the department may bring an action ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.172; Embargoing, detaining, destroying of food or food-processing equipment that is in violation.
(1) When the department or its duly authorized agent finds, or has probable cause to believe, that any food or food-processing equipment is in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.173; Causes for seizure and condemnation of foods.
Any article of food that is adulterated or misbranded under the provisions of this chapter is subject to seizure and condemnation by the department or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.174; Seizure; procedure; prohibition on sale or disposal of article; penalty.
(1) Whenever the department or its duly authorized agent finds cause, or has probable cause to believe that a ground exists for the seizure of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.175; Condemnation and sale; release of seized article.
(1) When any article detained or seized under s. 500.174 has been found by the department to be subject to seizure and condemnation under ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.177; Penalty for violation of s. 500.04; dissemination of false advertisement.
(1) Any person who violates any provision of s. 500.04 is guilty of a misdemeanor of the second degree, punishable as provided in s. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.178; Duty of state attorney.
Each state attorney to whom the department or its designated agent reports any violation of this chapter shall cause an appropriate proceeding to be instituted ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.179; Issuance of warnings for minor violations.
Nothing in this chapter shall be construed as requiring the department to report, for the institution of proceedings under this chapter, minor violations of this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.301; Standards of enrichment for grain products; definitions.
As used in ss. 500.301-500.306, the term: (1) "Enrichment" means the replacement of those essential nutrients removed in the processing and refining ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.302; Unlawful retail sales.
It is unlawful for any person to sell at retail in this state any grain product for which there is a state standard of enrichment ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.303; Standards established by departmental rule.
The department shall by rule establish a state standard for each grain product defined in s. 500.301, which standard must conform so far as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.304; Enforcement.
The department is charged with the duty of enforcing ss. 500.301-500.306 and is authorized and directed to adopt, amend, or rescind rules ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.305; Investigations; inspections.
For the purposes of ss. 500.301-500.306, the department is authorized to: (1) Take samples for analysis. (2) Conduct examinations and investigations. (3) ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.306; Violations of ss. 500.301-500.305; penalty.
Any person who violates any provision of ss. 500.301-500.305 is guilty of a misdemeanor of the first degree, punishable as provided in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.451; Horse meat; sale for human consumption.
(1) It is unlawful for any person to sell in the markets of this state horse meat for human consumption unless the horse meat is ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.459; Water vending machines.
(1) LEGISLATIVE INTENT.--It is the intent of the Legislature to protect the public health through licensing and establishing standards for water vending machines to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.511; Fees; enforcement; preemption.
(1) FEES.--All fees collected under s. 500.459 shall be deposited into the General Inspection Trust Fund and shall be accounted for separately and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.60; Regulation of meat preempted to state.
Notwithstanding any other law or local ordinance to the contrary and to ensure uniform health and safety standards, the regulation, identification, and packaging of meat, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 500.601; Retail sale of meat; definitions; disclosure, penalties.
(1) As used in this section, the term: (a) "Cutting loss" means the weight of meat, fat, and bone removed from the carcass, side, quarter, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.001; Florida Anti-Tampering Act.
(1) DEFINITIONS.--As used in this section: (a) "Consumer product" includes: 1. "Food," which means: a. Any article used for food or drink for humans ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.005; Consumer report security freeze.
(1) For purposes of this section, a "security freeze" means a notice placed in a consumer report that prohibits a consumer reporting agency, as defined ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.011; Credit cards; unsolicited delivery or mailing prohibited.
(1) As used in this section the term "credit card" means any credit card or other document or device intended or adopted for the purpose ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.0115; Service station credit cards and franchise agreements; certain restrictions on sales and purchasers prohibited.
It shall be unlawful and shall be deemed a deceptive trade practice for any producer or refiner or a subsidiary of any producer or refiner ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.0117; Credit cards; transactions in which seller or lessor prohibited from imposing surcharge; penalty.
(1) A seller or lessor in a sales or lease transaction may not impose a surcharge on the buyer or lessee for electing to use ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.0118; Restrictions on information printed on receipts for payment-card transactions; penalties.
(1) As used in this section, the term: (a) "Cardholder" means the person or organization named on the face of a payment card to whom ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.012; Health studios; legislative findings.
The Legislature finds and declares that there exist in connection with a substantial number of contracts for health studio services certain practices and business and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.0125; Health studios; definitions.
For purposes of ss. 501.012-501.019, the following terms shall have the following meanings: (1) "Health studio" means any person who is engaged ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.013; Health studios; exemptions.
The following businesses or activities may be declared exempt from the provisions of ss. 501.012-501.019 upon the filing of an affidavit with ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.014; Health studios; powers and duties of the department.
(1) The department may, at any time during business hours, enter any business location of a health studio required to be registered pursuant to ss. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.015; Health studios; registration requirements and fees.
Each health studio shall: (1) Register each of its business locations with the department in a form and manner as required by the department. (2) ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.016; Health studios; security requirements.
Each health studio that sells contracts for health studio services shall meet the following requirements: (1) Each health studio shall maintain for each separate business ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.017; Health studios; contracts.
(1) Every contract for the sale of future health studio services which is paid for in advance or which the buyer agrees to pay for ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.018; Health studios; change of ownership or location.
(1) Whenever the ownership of a health studio is changed or, in the case of corporate ownership, whenever the stock ownership is changed so as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.019; Health studios; penalties.
(1) Any health studio or any owner or manager thereof, or, in the case of corporate ownership, any substantial stockholder of the corporation owning the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.021; Home solicitation sale; definitions.
As used in ss. 501.021-501.055: (1) "Home solicitation sale" means a sale, lease, or rental of consumer goods or services with a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.022; Home solicitation sale; permit required.
(1)(a) It is unlawful for any person to conduct any home solicitation sale, as defined in s. 501.021, or to supervise excluded minors ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.025; Home solicitation sale; buyer's right to cancel.
In addition to any other right to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.031; Home solicitation sale; written agreement.
Every home solicitation sale shall be evidenced by a writing as provided in this section. (1) In a home solicitation sale, the seller must present ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.035; Home solicitation sale; exclusions.
There shall be excluded from the operation of ss. 501.021-501.055: (1) The sale of insurance; and (2) The sale of farm equipment ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.041; Home solicitation sale; restoration of down payment.
Within 10 days after a home solicitation sale has been canceled or an offer to purchase revoked, the seller must tender to the buyer any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.045; Home solicitation sale; duty of buyer.
Except as provided in s. 501.041, within a reasonable time after a home solicitation sale has been canceled or an offer to purchase revoked, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.046; Home solicitation sale; duty of businesses conducting home solicitation sales.
(1) All businesses conducting home solicitation sales in this state shall: (a) Ensure that all employees engaged in home solicitation sales obtain the permit required ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.047; Home solicitation sale; prohibited practices.
In conducting a home solicitation, no person shall: (1) Misrepresent the terms or conditions of the sale, lease, or rental. (2) Misrepresent the seller's ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.052; Home solicitation sale; enforcement authority; injunctive relief.
The Attorney General or state attorney may institute proceedings to enjoin any person found to be violating the provisions of ss. 501.021-501....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.053; Home solicitation sale; judicial review.
Any person, firm, corporation, or agency aggrieved by any decision of a clerk of the circuit court under authority granted in ss. 501.021-501....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.055; Home solicitation sale; penalties.
(1) Violation of any of the provisions of ss. 501.025-501.047 is a misdemeanor of the first degree, punishable as provided in s. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.057; Commercial Weight-Loss Practices Act; short title.
Sections 501.057-501.0581 may be cited as the "Florida Commercial Weight-Loss Practices ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.0571; Commercial Weight-Loss Practices Act; definitions.
As used in ss. 501.057-501.0581: (1) "Examination" means any type of medical, psychological, or nutritional review of a consumer. (2) "Supplement" means ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.0573; Weight-loss provider requirements.
Each weight-loss provider shall: (1) Provide to a consumer a written itemized statement of the fixed or estimated cost of the weight-loss program ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.0575; Weight-Loss Consumer Bill of Rights.
(1) The Weight-Loss Consumer Bill of Rights shall consist of the following provisions: (A) WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS HEALTH PROBLEMS. RAPID ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.0577; Commercial Weight-Loss Practices Act; exemptions.
The provisions of this act do not apply to persons licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, chapter ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.0579; Commercial Weight-Loss Practices Act; unlawful practices.
It is unlawful and an unfair and deceptive trade practice under part II of this chapter to fail to comply with the provisions of this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.0581; Commercial Weight-Loss Practices Act; civil remedies.
(1) The Department of Agriculture and Consumer Services may bring a civil action in circuit court for temporary or permanent injunctive relief to enforce the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.0583; Selling, delivering, bartering, furnishing, or giving weight-loss pills to persons under age 18; penalties; defense.
(1) As used in this section, the term "weight-loss pill" means a pill that is available without a prescription, the marketing, advertising, or packaging ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.059; Telephone solicitation.
(1) As used in this section: (a) "Telephonic sales call" means a call made by a telephone solicitor to a consumer, for the purpose of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.122; Control of nonionizing radiations; laser; penalties.
(1) DEFINITIONS.--For the purposes of this section: (a) "Laser" means light amplification by stimulated emission of radiation, encompassing wavelengths above and below those in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.135; Consumer unit pricing.
(1) SHORT TITLE.--This act shall be known and cited as "The Consumer Unit Pricing Act." (2) PURPOSES; RULE OF INTERPRETATION.--This act shall be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.137; Mortgage lenders; tax and insurance payments from escrow accounts; duties.
(1) Every lender of money, whether a natural person or an artificial entity, whose loans are secured by a mortgage on real estate located within ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.1375; Deposits received for purchase of residential dwelling units; placement in escrow; waiver; exceptions.
(1) DEFINITIONS.-- (a) "Building contractor" means any person who, for compensation, constructs and sells one-family or two-family residential dwelling units, except for a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.138; Advertising of previews or trailers; standards.
(1) Any motion picture theater owner or operator who desires to exhibit, on the same program, a motion picture which has received a "G" rating ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.141; Delivery of crated goods; written statement of satisfaction; right to cancel.
(1) As used in this section, "statement of satisfaction" means any receipt, statement, or document by which any retail noncommercial buyer of goods, which goods ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.142; Retail sales establishments; preemption; notice of refund policy; exceptions; penalty.
(1) The regulation of refunds is preempted to the Department of Agriculture and Consumer Services notwithstanding any other law or local ordinance to the contrary. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.143; Dance Studio Act.
(1) SHORT TITLE.--This section may be cited as the "Dance Studio Act." (2) DEFINITIONS.--For the purposes of this section, the term: (a) "Ballroom ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.145; Bedding Label Act.
(1) SHORT TITLE.--This section may be cited as the Bedding Label Act. (2) DEFINITIONS.--For the purpose of this section, the term: (a) "Bedding" ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.160; Rental or sale of essential commodities during a declared state of emergency; prohibition against unconscionable prices.
(1) As used in this section: (a) "Commodity" means any goods, services, materials, merchandise, supplies, equipment, resources, or other article of commerce, and includes, without ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.164; Civil penalties.
In addition to all other remedies provided by the Florida Deceptive and Unfair Trade Practices Act, the court may impose a civil penalty of not ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.201; Short title.
This part shall be known and may be cited as the "Florida Deceptive and Unfair Trade Practices ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.202; Purposes; rules of construction.
The provisions of this part shall be construed liberally to promote the following policies: (1) To simplify, clarify, and modernize the law governing consumer protection, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.203; Definitions.
As used in this chapter, unless the context otherwise requires, the term: (1) "Final judgment" means a judgment, including any supporting opinion, that determines the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.204; Unlawful acts and practices.
(1) Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.205; Rulemaking authority.
(1) The department may adopt rules which set forth with specificity acts or practices that violate this part and which prescribe procedural rules for the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.206; Investigative powers of enforcing authority.
(1) If, by his or her own inquiry or as a result of complaints, the enforcing authority has reason to believe that a person has ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.2065; Confidentiality of intelligence or investigative information.
Whenever criminal or civil intelligence, investigative information, or any other information held by any state or federal agency is available to the department on a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.207; Remedies of enforcing authority.
(1) The enforcing authority may bring: (a) An action to obtain a declaratory judgment that an act or practice violates this part. (b) An action ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.2075; Civil penalty.
Except as provided in s. 501.2077, any person, firm, corporation, association, or entity, or any agent or employee of the foregoing, who is willfully ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.2077; Violations involving senior citizen or handicapped person; civil penalties; presumption.
(1) As used in this section: (a) "Senior citizen" means a person who is 60 years of age or older. (b) "Handicapped person" means any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.2078; Violations involving individual homeowners during the course of residential foreclosure proceedings; civil penalties.
(1) As used in this section: (a) "Homeowner" means any individual who is the owner of the property subject to a residential foreclosure proceeding. (b) "...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.208; Cease and desist orders; procedures.
(1) Whenever the Department of Legal Affairs has reason to believe that a person has been, or is, violating this part, and if it appears ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.209; Other supervision.
If the enforcing authority receives a complaint or other information relating to noncompliance with this act by a person who is subject to other supervision ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.2101; Enforcing authorities; moneys received in certain proceedings.
(1) Any moneys received by an enforcing authority for attorney's fees and costs of investigation or litigation in proceedings brought under the provisions of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.2105; Attorney's fees.
(1) In any civil litigation resulting from an act or practice involving a violation of this part, except as provided in subsection (5), the prevailing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.211; Other individual remedies.
(1) Without regard to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of this part may bring ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.212; Application.
This part does not apply to: (1) An act or practice required or specifically permitted by federal or state law. (2) A publisher, broadcaster, printer, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.213; Effect on other remedies.
(1) The remedies of this part are in addition to remedies otherwise available for the same conduct under state or local law. (2) This part ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.30; Short title.
This part may be cited as the "Aftermarket Crash Parts ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.31; Legislative purpose.
The purpose of this part is to regulate the use of aftermarket crash parts by requiring disclosure when any use is proposed in an insurance ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.32; Definitions.
As used in this part: (1) "Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.33; Disclosure.
In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.34; Enforcement.
(1) Any violation of this part by an insurer shall be deemed a violation of the Unfair Insurance Trade Practices Act, part IX, chapter 626. (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.601; Short title.
This part may be cited as the "Florida Telemarketing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.602; Purpose.
The provisions of this part shall be construed liberally to promote the general welfare of the public and the integrity of the telemarketing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.603; Definitions.
As used in this part, unless the context otherwise requires, the term: (1) "Commercial telephone solicitation" means: (a) An unsolicited telephone call to a person ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.604; Exemptions.
The provisions of this part, except ss. 501.608 and 501.616(6) and (7), do not apply to: (1) A person engaging in commercial ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.605; Licensure of commercial telephone sellers.
(1) Prior to doing business in this state, a commercial telephone seller shall obtain a license from the department. Doing business in this state includes ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.606; Disclosures required of commercial telephone sellers.
(1) With respect to any person identified pursuant to s. 501.605, an applicant for a license as a commercial telephone seller must state in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.607; Licensure of salespersons.
(1) An applicant for a license as a salesperson must submit to the department, in such form as it prescribes, a written application for a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.608; License or affidavit of exemption; occupational license.
(1)(a) The department shall issue to each approved applicant a license in such form and size as is prescribed by the department and, in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.609; License renewal.
(1) Each person licensed under the provisions of this part must renew his or her license annually by paying the fee for licensing and submitting ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.611; Security.
(1) An application filed pursuant to s. 501.605 must be accompanied by: (a) A bond executed by a corporate surety approved by the department ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.612; Grounds for departmental action against licensure applicants or licensees.
(1) The department may enter an order directing that one or more of the actions set forth in subsection (2) be taken if the department ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.613; General disclosures.
(1) Within the first 30 seconds of a telephone call, a commercial telephone seller or salesperson shall identify herself or himself by stating her or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.614; Disclosures of gifts and premiums.
If a commercial telephone seller expressly or impliedly represents to any prospective purchaser, directly or through a salesperson, that the purchaser is or may be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.615; Written contract; cancellation; refund.
(1) A purchase of consumer goods or services ordered as a result of a commercial telephone solicitation as defined in this part, if not followed ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.616; Unlawful acts and practices.
(1) It shall be unlawful for any commercial telephone seller or salesperson to require that payment be by credit card authorization or otherwise to announce ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.617; Investigative powers of enforcing authority.
(1) If, by her or his own inquiries or as a result of complaints, the enforcing authority has reason to believe that a person has ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.618; General civil remedies.
The department may bring: (1) An action to obtain a declaratory judgment that an act or practice violates the provisions of this part. (2) An ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.619; Civil penalties.
Any person who engages in any act or practice declared in this part to be unlawful is liable for a civil penalty of not more ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.621; Attorney's fees and costs.
(1) In any civil action or investigation resulting from a transaction involving a violation of the provisions of this part, except as provided in subsection (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.622; Criminal prosecuting authority.
The department may refer such evidence as may be available concerning violations of the provisions of this part or of any rule or order hereunder ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.623; Criminal penalties.
(1) No salesperson shall solicit purchasers on behalf of a commercial telephone seller who is not currently licensed with the department pursuant to the provisions ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.624; Exempt businesses; burden of proof.
In any civil proceeding alleging a violation of the provisions of this part, the burden of proving an exemption specified in s. 501.604 or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.625; Other individual remedies.
In addition to any other penalties or remedies provided under law, a person who is injured by a violation of the provisions of this part ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.626; Rulemaking power.
The department has the authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.91; Short title.
Sections 501.91-501.923 may be cited as the "Antifreeze Act of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.911; Administration of act.
Sections 501.91-501.923 shall be administered by the Division of Standards of the Department of Agriculture and Consumer ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.912; Definitions.
As used in ss. 501.91-501.923: (1) "Antifreeze" means any substance or preparation sold, distributed, or intended for use as the cooling liquid, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.913; Registration.
(1) Each brand of antifreeze to be distributed in this state shall be registered with the department prior to distribution. The person whose name appears ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.914; Cancellation of registration.
The department may cancel any registration after due notice and opportunity to be heard if it finds the antifreeze is adulterated or mislabeled or that ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.915; Adulteration of antifreeze.
Antifreeze shall be deemed to be adulterated: (1) If, in the form in which it is sold and directed to be used, it would be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.916; Mislabeling of antifreeze.
Antifreeze shall be deemed to be mislabeled: (1) If it does not bear a label that specifies: (a) The brand of the product. (b) The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.917; Inspection by department; sampling and analysis.
The department shall have the right to have access at reasonable hours to all places and property where antifreeze is stored, distributed, or offered or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.918; Prohibited activity.
It is unlawful for any person to: (1) Distribute any antifreeze which has not been registered in accordance with s. 501.913 or whose labeling ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.919; Enforcement; stop-sale order.
(1) When the department finds any lot of antifreeze being distributed in violation of ss. 501.91-501.923 or any of the rules duly ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.92; Formula may be required.
The department may, if required for the analysis of antifreeze by the laboratory designated by the department for the purpose of registration, require the applicant ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.921; Standards.
The department's rules for standards, definitions, and test procedures for antifreeze may encompass those specified by the American Society for Testing and Materials. The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.922; Violation.
(1) The department may enter an order imposing one or more of the following penalties against any person who violates ss. 501.91-501.923 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.923; Injunctive relief.
In addition to the remedies provided in this act, and notwithstanding the existence of any adequate remedy at law, the department is hereby authorized to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.925; Used watches; sales regulated.
(1) The purpose of this law is to identify all watches other than new, with a label or designation of "used" in order to safeguard ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.93; Copyright owners and performing rights societies.
(1) DEFINITIONS.--As used in this section, the term: (a) "Business" means a retail establishment, restaurant, bar, lounge, sports or entertainment facility, or any other ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.937; Industrial hygienists and safety professionals; use of professional titles; failure to comply.
(1) Any person representing himself or herself as a "safety professional" or "industrial hygienist" must accurately disclose his or her credentials. (2) A person may ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.97; Deceptive trade practices; print advertisement; penalties.
(1) A person may not misrepresent the geographic location of the supplier of a service or product by listing a fictitious business name or an ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.971; Fictitious Name Act not abrogated.
This act is not intended to abrogate or modify the Fictitious Name Act, s. 865.09. Any person who acts in accordance with the requirements ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.972; Actions based upon use of a creation that is not protected under federal copyright law.
(1) Except as provided in subsection (2), the use of an idea, procedure, process, system, method of operation, concept, principle, discovery, thought, or other creation ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.975; Definitions.
As used in s. 501.976, the following terms shall have the following meanings: (1) "Customer" includes a customer's designated agent. (2) "Dealer" means ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 501.976; Actionable, unfair, or deceptive acts or practices.
It is an unfair or deceptive act or practice, actionable under the Florida Deceptive and Unfair Trade Practices Act, for a dealer to: (1) Represent ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.012; Definitions.
The following definitions shall apply in the interpretation and enforcement of this law: (1) "Bulk milk pickup tanker" means a vehicle, including the truck and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.013; Purpose; intent.
(1) PURPOSE.--The purpose of this chapter is to: (a) Ensure, without undue burden on either the regulatory agency or the dairy industry, that milk ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.014; Powers and duties.
(1) The department shall administer and enforce all regulatory laws currently in effect governing: (a) The production, processing, and distribution of milk and milk products. (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.015; General Inspection Trust Fund.
(1) Any moneys collected by the department pursuant to this chapter shall be deposited in the General Inspection Trust Fund and used solely for the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.032; Milkfat testers; permit, fees, application, suspension or revocation, records.
Any person who tests milk or milk products for milkfat content by weight, volume, chemical, electronic, or other method when the result of such test ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.042; Labeling of shelf life.
To ensure consumers full disclosure of the date beyond which milk or milk products may no longer be offered for sale, all dairy processors shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.053; Permits; requirements; exemptions; temporary permits.
(1) PERMITS.-- (a) Each milk plant, whether located in the state or outside the state, and each milk producer, milk hauler, milk hauling service, washing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.054; Inspection and reinspection.
The department shall establish a schedule for inspections which shall require routine inspections in accordance with the minimum requirements contained in the pasteurized milk ordinance ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.091; Milk and milk products which may be sold.
(1) Only Grade A pasteurized milk and milk products shall be sold to the final consumer or to restaurants, soda fountains, grocery stores, or similar ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.121; Future dairy farms and milk plants.
(1) All future construction or extensive alteration of milk houses, milking barns, stables, parlors, transfer stations, and milk plants regulated under this chapter must meet ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.165; Imitation and substitute milk and milk products.
(1) DISPLAY.--All imitation and substitute milk and milk products sold in retail food stores shall be physically separated from milk or milk products by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.181; Prohibited acts.
It is unlawful for any person in this state to: (1) Engage in the business of producing, hauling, transferring, receiving, processing, packaging, or distributing milk ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.222; Information relating to trade secrets confidential.
The records of the department regarding matters encompassed by this chapter are public records, subject to the provisions of chapter 119, except that any information ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.231; Penalty and injunction.
(1) The department may enter an order imposing one or more of the following penalties against any person who violates any of the provisions of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 502.232; Local regulations superseded.
All special or local acts, general laws of limited application, county ordinances or resolutions, municipal ordinances or resolutions, and municipal charter provisions that authorize the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 503.011; Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter: (1) "Department" means the Department of Agriculture and Consumer Services. (2) "Frozen ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 503.021; Legislative intent.
It is the intent of this chapter to encourage the sanitary production of frozen desserts in order to ensure that they are made from safe, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 503.031; Powers of department.
The department may: (1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement and enforce the provisions of this chapter. The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 503.041; License fee; report required; penalty.
(1) Each frozen dessert plant that manufactures frozen desserts or other products defined in this chapter, or offers these products for sale in this state ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 503.0415; Fees.
All license fees, fines, or other moneys collected under this chapter shall be deposited into the General Inspection Trust Fund and used to administer this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 503.051; Suspension or revocation of license.
The department may for good cause suspend or revoke certifications and licenses issued ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 503.071; Penalty, injunction, and administrative fines.
(1) Any person, firm, or corporation that willfully violates any provision of this chapter is guilty of a misdemeanor of the second degree, punishable as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 503.081; Preemption.
This chapter and all rules and regulations promulgated hereunder preempt all municipal or county laws pertaining to frozen desserts that are in conflict ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 503.091; Exemptions.
Frozen dessert retail establishments as defined in s. 503.011(8) are exempt from the provisions of this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 504.011; Short title.
This chapter shall be known and may be cited as the "Produce Labeling Act of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 504.012; Label marking permitted; removal prohibited.
(1) All producers, growers, and shippers of fresh fruits and vegetables and bee pollen and honey in this state shall be permitted to mark each ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 504.013; Penalties.
Any person, firm, or corporation engaged in the business of the retail vending of fresh fruits, fresh vegetables, bee pollen, or honey who willfully and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 504.014; Enforcement.
The Department of Agriculture and Consumer Services shall be responsible for enforcing the provisions of this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.19; Protection of owners of marked or branded field boxes or other specified containers; recordation.
Any person being the owner of field boxes, pallets, crates, containers, or receptacles used in the general production, harvesting, packing, transportation, or marketing of fruits ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.20; Filing and recording of marks and brands on field boxes.
Any person desiring to avail herself or himself of the benefits of ss. 506.19-506.28, may make application to the Department of Agriculture ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.21; Filing fee; issuance of certificate of recordation.
The application for filing and recording shall be accompanied by a fee of $2 and thereupon, if consistent with the provisions of s. 506.20 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.22; Transfer, release, or sale of registered mark or brand.
The owner of any such registered mark or brand may transfer, release, or sell the same by an instrument in writing evidencing such transfer, release, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.23; Application of law.
The provisions of ss. 506.19-506.28 shall not be construed to apply when fruits, vegetables, or their byproducts, are wrapped or packed in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.24; Unauthorized possession of field boxes or other specified containers; penalty.
(1) Any person who shall have in his or her unauthorized possession any field box, pallet, crate, receptacle, or container marked or branded with any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.25; Alteration or obliteration of marks or brands on field boxes or other specified containers.
If any person shall alter, change, remove or obliterate the registered mark or brand on any field box, pallet, crate, container, or receptacle other than ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.26; Purchase of marked field boxes or other specified containers from one other than owner.
It is unlawful for any person to receive or to purchase any field box, pallet, crate, container, or receptacle marked or branded with registered mark ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.27; Refusal to deliver marked field boxes or other specified containers to owner upon demand.
The refusal of any person in possession thereof to deliver any field box, pallet, crate, container, or receptacle so marked or branded and registered as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.28; Sending marked field boxes or other specified containers out of state; penalty.
Any person who shall take or send out of the state, or cause to be taken or sent out of the state, any field box, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.501; Carts, Cases, Baskets, Boxes, and Containers Act; short title.
Sections 506.501-506.519 shall be known and may be cited as the "Carts, Cases, Baskets, Boxes, and Containers ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.502; Definitions.
For the purposes of ss. 506.501-506.519, the term: (1) "Bakery container" means any permanent type of container which is used by a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.503; Shopping carts, laundry carts, dairy cases, egg baskets, poultry boxes, and bakery containers; registration.
Any person, firm, corporation, or association owning shopping carts, laundry carts, dairy cases, egg baskets, poultry boxes, or bakery containers may register with the Department ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.505; Egg baskets; designation of owner.
Any person, firm, corporation, or association engaged in receiving, packing, handling, or selling eggs in permanent baskets which contain four dozen or more shell eggs ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.506; Poultry boxes; designation of owners.
Any person, firm, corporation, or association engaged in receiving, packing, handling, or selling poultry in permanent boxes may, in order to designate the ownership of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.507; Bakery containers; designation of owners.
Any person, firm, corporation, or association engaged in receiving, packing, handling, or selling bakery products in permanent containers may, in order to designate the ownership ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.508; Illegal use of dairy cases, egg baskets, poultry boxes, or bakery containers.
No person, firm, corporation, or association shall use for any purpose any container which is identified with or by any name or mark registered with ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.509; Possession of shopping carts, laundry carts, dairy cases, egg baskets, poultry boxes, or bakery containers.
Any person who is in possession of any shopping cart, laundry cart, dairy case, egg basket, poultry box, or bakery container with a registered name ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.511; Transportation of dairy cases, egg baskets, poultry boxes, or bakery containers; bill of lading.
It is unlawful for any common carrier or private carrier for hire, except those carriers engaged in the transporting of dairy products, eggs, poultry, or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.513; Illegal use of shopping carts and laundry carts.
It is a violation of ss. 506.501-506.519: (1) To remove any shopping cart or laundry cart from the premises or parking area ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.5131; Return of shopping carts; assessment of fees, fines, and costs.
(1) The rightful owner of any shopping cart with a registered name or mark found on public property shall be immediately notified of its recovery. (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.514; Unlawful removal of dairy cases.
It is a violation of ss. 506.501-506.519 for any person not in lawful possession of a dairy case to remove a dairy ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.515; Unlawful removal of egg baskets, poultry boxes, or bakery containers.
It is a violation of ss. 506.501-506.519 for any person not in lawful possession of an egg basket, poultry box, or bakery ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.517; Deposits.
The requiring, taking, or accepting of any deposit upon delivery of any shopping cart, laundry cart, dairy case, egg basket, poultry box, or bakery container ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.518; Penalty.
Any person who violates any of the provisions of ss. 506.501-506.519 is guilty of a misdemeanor of the first degree, punishable as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 506.519; Scope of ss. 506.501-506.519.
(1) Sections 506.501-506.519 do not apply to the owner of a shopping cart, laundry cart, dairy case, egg basket, poultry box, or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 507.01; Definitions.
As used in this chapter, the term: (1) "Accessorial services" means any service performed by a mover which results in a charge to the shipper ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 507.02; Construction; intent; application.
(1) This chapter shall be construed liberally to: (a) Establish the law of this state governing the loading, transportation or shipment, unloading, and affiliated storage ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 507.03; Registration.
(1) Each mover and moving broker must annually register with the department, providing its legal business and trade name, mailing address, and business locations; the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 507.04; Required insurance coverages; liability limitations; valuation coverage.
(1) LIABILITY INSURANCE.-- (a)1. Except as provided in paragraph (b), each mover operating in this state must maintain current and valid liability insurance coverage ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 507.05; Estimates and contracts for service.
Before providing any moving or accessorial services, a contract and estimate must be provided to a prospective shipper in writing, must be signed and dated ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 507.06; Delivery and storage of household goods.
(1) A mover must relinquish household goods to a shipper and must place the goods inside a shipper's dwelling or, if directed by the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 507.07; Violations.
It is a violation of this chapter to: (1) Conduct business as a mover or moving broker, or advertise to engage in the business of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 507.08; Deceptive and unfair trade practice.
Acts, conduct, practices, omissions, failings, misrepresentations, or nondisclosures committed in violation of this chapter are deceptive and unfair trade practices under ss. 501.201-501....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 507.09; Administrative remedies; penalties.
(1) The department may enter an order doing one or more of the following if the department finds that a mover or moving broker, or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 507.10; Civil penalties; remedies.
(1) The department may institute a civil action in a court of competent jurisdiction to recover any penalties or damages authorized in this chapter and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 507.11; Criminal penalties.
(1) The refusal of a mover or a mover's employee, agent, or contractor to comply with an order from a law enforcement officer to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 507.12; General Inspection Trust Fund; payments.
Any moneys recovered by the department as a penalty under this chapter shall be deposited in the General Inspection Trust ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 507.13; Local regulation.
(1) This chapter does not preempt local ordinances or regulations of a county or municipality which regulate transactions relating to movers of household goods or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.013; Definitions.
As used in this chapter, the term: (1) "Division" means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. (2) "...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.032; Duties.
(1) GENERAL.--The division shall carry out all of the provisions of this chapter and all other applicable laws and rules relating to the inspection ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.034; Application.
Sections 509.141-509.162 and 509.401-509.417 apply to transients only. This chapter may not be used to circumvent the procedural requirements ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.035; Immediate closure due to severe public health threat.
The division shall, upon proper finding, immediately issue an order to close an establishment licensed under this chapter in the instance of a severe and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.036; Public food service inspector standardization.
(1) Any person performing required inspections of licensed public food service establishments for the division or its agent must: (a) Be standardized by a food ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.039; Food service manager certification.
It is the duty of the division to adopt, by rule, food safety protection standards for the training and certification of all food service managers ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.049; Food service employee training.
(1) The division shall adopt, by rule, minimum food safety protection standards for the training of all food service employees who are responsible for the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.072; Hotel and Restaurant Trust Fund; collection and disposition of moneys received.
(1) There is created a Hotel and Restaurant Trust Fund to be used for the administration and operation of the division and the carrying out ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.091; Notices; form and service.
Each notice served by the division pursuant to this chapter must be in writing and must be delivered personally by an agent of the division ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.092; Public lodging establishments and public food service establishments; rights as private enterprises.
Public lodging establishments and public food service establishments are private enterprises, and the operator has the right to refuse accommodations or service to any person ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.101; Establishment rules; posting of notice; food service inspection report; maintenance of guest register; mobile food dispensing vehicle registry.
(1) Any operator of a public lodging establishment or a public food service establishment may establish reasonable rules and regulations for the management of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.111; Liability for property of guests.
(1) The operator of a public lodging establishment is not under any obligation to accept for safekeeping any moneys, securities, jewelry, or precious stones of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.141; Refusal of admission and ejection of undesirable guests; notice; procedure; penalties for refusal to leave.
(1) The operator of any public lodging establishment or public food service establishment may remove or cause to be removed from such establishment, in the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.142; Conduct on premises; refusal of service.
The operator of a public lodging establishment or public food service establishment may refuse accommodations or service to any person whose conduct on the premises ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.143; Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability.
(1) An operator may take a person into custody and detain that person in a reasonable manner and for a reasonable time if the operator ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.144; Prohibited handbill distribution in a public lodging establishment; penalties.
(1) As used in this section, the term: (a) "Handbill" means a flier, leaflet, pamphlet, or other written material that advertises, promotes, or informs persons ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.151; Obtaining food or lodging with intent to defraud; penalty.
(1) Any person who obtains food, lodging, or other accommodations having a value of less than $300 at any public food service establishment, or at ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.161; Rules of evidence in prosecutions.
In prosecutions under s. 509.151, proof that lodging, food, or other accommodations were obtained by false pretense; by false or fictitious show of baggage ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.162; Theft of personal property; detaining and arrest of violator; theft by employee.
(1) Any law enforcement officer or operator of a public lodging establishment or public food service establishment who has probable cause to believe that theft ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.191; Unclaimed property.
Any property with an identifiable owner which is left in a public lodging establishment or public food service establishment, other than property belonging to a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.201; Room rates; posting; advertising; penalties.
(1) In each public lodging establishment renting by the day or week there shall be posted in a plainly legible fashion, in a conspicuous place ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.2015; Telephone surcharges by public lodging establishments.
(1) A public lodging establishment which imposes a surcharge for any telephone call must post notice of such surcharge in a conspicuous place located by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.211; Safety regulations.
(1) Each bedroom or apartment in each public lodging establishment shall be equipped with an approved locking device on each door opening to the outside, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.2112; Public lodging establishments three stories or more in height; inspection rules.
The Division of Hotels and Restaurants of the Department of Business and Professional Regulation is directed to provide rules to require that: (1) Every public ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.213; Emergency first aid to choking victims.
(1) Every public food service establishment shall post a sign which illustrates and describes the Heimlich Maneuver procedure for rendering emergency first aid to a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.214; Notification of automatic gratuity charge.
Every public food service establishment which includes an automatic gratuity or service charge in the price of the meal shall include on the food menu ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.215; Firesafety.
(1) Any: (a) Public lodging establishment, as defined in this chapter, which is of three stories or more and for which the construction contract has ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.221; Sanitary regulations.
(1) Each public lodging establishment and each public food service establishment shall be supplied with potable water and shall provide adequate sanitary facilities for the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.232; School carnivals and fairs; exemption from certain food service regulations.
Any public or nonprofit school which operates a carnival, fair, or other celebration, by whatever name known, which is in operation for 3 days or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.233; Public food service establishment requirements; local exemption for dogs in designated outdoor portions; pilot program.
(1) INTENT.--It is the intent of the Legislature by this section to establish a 3-year pilot program for local governments to allow patrons' ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.241; Licenses required; exceptions.
(1) LICENSES; ANNUAL RENEWALS.--Each public lodging establishment and public food service establishment shall obtain a license from the division. Such license may not be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.242; Public lodging establishments; classifications.
(1) A public lodging establishment shall be classified as a hotel, motel, resort condominium, nontransient apartment, transient apartment, roominghouse, bed and breakfast inn, or resort ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.251; License fees.
(1) The division shall adopt, by rule, a schedule of fees to be paid by each public lodging establishment as a prerequisite to issuance or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.261; Revocation or suspension of licenses; fines; procedure.
(1) Any public lodging establishment or public food service establishment that has operated or is operating in violation of this chapter or the rules of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.271; Prerequisite for issuance of municipal or county occupational license.
A municipality or county may not issue an occupational license to any business coming under the provisions of this chapter until a license has been ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.281; Prosecution for violation; duty of state attorney; penalties.
(1) The division or an agent of the division, upon ascertaining by inspection that any public lodging establishment or public food service establishment is being ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.285; Enforcement; city and county officers to assist.
Any state or county attorney, sheriff, police officer, and any other appropriate municipal and county official shall, upon request, assist the division or any of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.291; Advisory council.
(1) There is created a 10-member advisory council. (a) The Secretary of Business and Professional Regulation shall appoint five voting members to the advisory ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.292; Misrepresenting food or food product; penalty.
(1) An operator may not knowingly and willfully misrepresent the identity of any food or food product to any of the patrons of such establishment. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.302; Director of education; personnel; employment duties; compensation.
(1) The director shall, with the advice of the advisory council, employ a director of education for the lodging and food service industry. (2) The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.4005; Applicability of ss. 509.401-509.417.
Sections 509.401-509.417 apply only to guests in transient occupancy in a public lodging ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.401; Operator's right to lockout.
(1) If, upon a reasonable determination by an operator of a public lodging establishment, a guest has accumulated a large outstanding account at such establishment, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.402; Operator's right to recover premises.
If the guest of a public lodging establishment vacates the premises without notice to the operator and the operator reasonably believes the guest does not ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.403; Operator's writ of distress.
If, after a lockout has been imposed pursuant to s. 509.401, a guest fails to make agreed-upon payments on an outstanding account, or, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.404; Writ of distress; venue and jurisdiction.
The action under s. 509.403 shall be brought in a court of appropriate jurisdiction in the county where the property is located. When property ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.405; Complaint; requirements.
To obtain an order authorizing the issuance of a writ of distress upon final judgment, the operator must first file with the clerk of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.406; Prejudgment writ of distress.
(1) A prejudgment writ of distress may issue and the property seized may be delivered forthwith to the plaintiff when the nature of the claim, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.407; Writ of distress; levy of writ.
The officer of the court to whom a final judgment writ of distress is directed shall execute the writ of distress by service on defendant ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.408; Prejudgment writ; form; return.
The prejudgment writ issued under s. 509.406 shall command the officer to whom it may be directed to distrain the described personal property of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.409; Writ; inventory.
When the officer seizes distrainable property, either under s. 509.407 or s. 509.408, and such property is seized on the premises of a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.411; Exemptions from writ of distress.
The following property of a guest is exempt from distress and sale under this chapter: (1) From final distress and sale: clothing and items essential ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.412; Writ; claims by third persons.
Any third person claiming any property distrained pursuant to this chapter may interpose and prosecute a claim for the property in the same manner as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.413; Judgment for plaintiff when goods not delivered to defendant.
If it appears that the account stated in the complaint is wrongfully unpaid and the property described in such complaint is the defendant's and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.414; Judgment for plaintiff when goods retained by or redelivered to defendant.
(1) If it appears that the property was retained by, or redelivered to, the defendant on the defendant's forthcoming bond, either under s. 509....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.415; Judgment for defendant when goods are retained by or redelivered to the defendant.
When property has been retained by, or redelivered to, the defendant on the defendant's forthcoming bond or upon the dissolution of a prejudgment writ ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.416; Judgment for defendant when goods are not retained by or redelivered to the defendant.
If the property has not been retained by, or redelivered to, the defendant and the defendant prevails, judgment shall be entered against the plaintiff for ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.417; Writ; sale of property distrained.
(1) If the judgment is for the plaintiff, the property in whole or in part shall, at the plaintiff's option pursuant to s. 509....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.501; Short title.
This act may be cited as the "Florida Membership Campground ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.502; Definitions.
As used in this act: (1) "Advertising" means any written, oral, printed, or visual communication by an offeror made in connection with the promotion of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.503; Membership camping contracts.
Each offeror of a membership camping plan must use and must furnish each purchaser with a fully completed copy of a contract incorporating the following ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.504; Cancellation.
(1) A purchaser has the right to cancel her or his contract within the time period and in the manner described in paragraph (a) and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.505; Required disclosures.
(1) The offeror of a membership camping plan shall include the following disclosures within each membership camping contract: (a) The following capitalized statement in at ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.506; Trust accounts.
(1) All funds or other properties received from or on behalf of a purchaser in connection with the execution of the membership camping contract shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.507; Advertising; disclosures; unlawful acts.
(1) Advertising by an offeror, salesperson, or tour generator may not: (a) Misrepresent a material fact or create a false or misleading impression regarding the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.508; Prize and gift promotional offers.
(1) As used in this section, the term "prize and gift promotional offer" means any advertising material wherein a prospective purchaser may receive goods or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.509; Purchasers' remedies.
An action for damages or injunctive or declaratory relief for a violation of this act may be brought by any purchaser against an offeror, a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.510; Violation of the Florida Membership Campground Act; exception.
A person who willfully violates a provision of this act other than the provisions of s. 509.506 is guilty of a misdemeanor of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.511; Violation; Deceptive and Unfair Trade Practices Act.
A violation of this act is a deceptive and unfair trade practice and constitutes a violation of the Florida Deceptive and Unfair Trade Practices ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 509.512; Timeshare plan developer and exchange company exemption.
Sections 509.501-509.511 do not apply to a developer of a timeshare plan or an exchange company approved by the Division of Florida ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.01; Definitions.
As used in this chapter, the term: (1) "Department" means the Department of Health and includes its representative county health departments. (2) "Lodging park" means ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.012; Public health laws; enforcement.
It is the intent of the Legislature that mobile home parks, lodging parks, recreational vehicle parks, and recreational camps be regulated under this chapter. As ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.014; Applicability of recreational vehicle park provisions to mobile home parks.
A mobile home park that has five or more sites set aside for recreational vehicles shall, for those sites set aside for recreational vehicles, comply ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.02; Permit.
(1) A person may not establish or maintain a mobile home park, lodging park, recreational vehicle park, or recreational camp in this state without first ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.03; Application for and issuance of permit.
(1) An application for a permit must be made in writing to the department, on a form prescribed by the department. The application must state ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.045; Permit fees.
(1)(a) Each person seeking a permit to establish, operate, or maintain a mobile home park, lodging park, recreational vehicle park, or recreational camp must ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.05; Rules.
The department may adopt rules pertaining to the location, construction, modification, equipment, and operation of mobile home parks, lodging parks, recreational vehicle parks, and recreational ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.051; Preemption.
The department is the exclusive regulatory and permitting authority for sanitary standards for all mobile home parks, lodging parks, recreational vehicle parks, and recreational camps ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.052; Inspection of premises.
The department or its agent shall inspect, at least annually, each park or camp that the department determines qualifies as a mobile home, lodging, or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.053; Prosecution for violation; duty of state attorney.
The department or an agent of the department, upon ascertaining by inspection that a mobile home, lodging, or recreational vehicle park or a recreational camp ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.054; Penalties for specified offenses by operator.
Any operator of a mobile home park, lodging park, or recreational vehicle park or a recreational camp who obstructs or hinders any agent of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.055; Revocation or suspension of permit; fines; procedure.
(1)(a) The department may suspend or revoke a permit issued to any person for a mobile home park, lodging park, recreational vehicle park, or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.065; Enforcement; citations.
(1) If the department reasonably believes that a permittee has committed a violation of this chapter which affects the public health, safety, or sanitation, then ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.08; Disposal of sewage.
(1) It is unlawful to empty any receptacle or fixture containing human excreta, human urine, or any other liquid waste from a mobile home or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.10; Operating without permit; enforcement of chapter; penalties.
(1) Any person who maintains or operates a mobile home park, lodging park, recreational vehicle park, or recreational camp without first obtaining a permit as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.111; Site rates; posting; advertising; penalties.
(1) In each recreational vehicle park renting by the day or week, the rates at which each site is rented must be posted in a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.112; Maintenance of guest register and copy of laws.
(1) It is the duty of each operator of a recreational vehicle park that rents to transient guests to maintain at all times a register, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.114; Liability for property of guests.
(1) The operator of a recreational vehicle park is not under any obligation to accept for safekeeping any moneys, securities, jewelry, or precious stones of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.115; Unclaimed property.
Any property having an identifiable owner which is left in a recreational vehicle park by a guest, other than property belonging to a guest who ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.117; Park rules and regulations.
Any operator of a recreational vehicle park may establish reasonable rules and regulations for the management of the park and its guests and employees; and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.118; Conduct on premises; refusal of service.
The operator of a recreational vehicle park may refuse accommodations or service to any person whose conduct on the premises of the park displays intoxication, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.121; Obtaining accommodations in a recreational vehicle park with intent to defraud; penalty; rules of evidence.
(1) Any person who obtains accommodations in a recreational vehicle park which have a value of less than $300 on a transient basis, with intent ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.122; Theft of personal property; detention and arrest of violator; theft by employee.
(1) Any law enforcement officer or operator of a recreational vehicle park who has probable cause to believe, and does believe, that theft of personal ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.13; Recreational vehicle parks; eviction; grounds; proceedings.
(1) The operator of any recreational vehicle park may remove or cause to be removed from such park, in the manner provided in this section, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 513.151; Recreational vehicle parks; guests in transient occupancy; operator's rights and remedies; writ of distress.
This section applies only to guests in transient occupancy in a recreational vehicle park. (1) OPERATOR'S RIGHT TO DISCONNECT UTILITIES.-- (a) If an operator ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.011; Definitions.
As used in this chapter: (1) "Department" means the Department of Health. (2) "Public swimming pool" or "public pool" means a watertight structure of concrete, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.0115; Exemptions from supervision or regulation; variances.
(1) Private pools and water therapy facilities connected with facilities connected with hospitals, medical doctors' offices, and licensed physical therapy establishments shall be exempt from ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.021; Department authorization.
(1) The department may adopt and enforce rules, which may include definitions of terms, to protect the health, safety, or welfare of persons using public ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.023; Sampling of beach waters; health advisories.
(1) The department may adopt and enforce rules to protect the health, safety, and welfare of persons using the beach waters of the state. The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.0231; Advisory committee to oversee sampling of beach waters.
The Department of Health shall form an interagency technical advisory committee to oversee the performance of the study required in s. 514.023 and to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.025; Assignment of authority to county health departments.
(1) The department shall assign to county health departments that are staffed with qualified engineering personnel the functions of reviewing applications and plans for the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.028; Advisory review board.
(1) The Governor shall appoint an advisory review board which shall meet as necessary or at least quarterly, to recommend agency action on variance request, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.03; Construction plans approval necessary to construct, develop, or modify public swimming pools or bathing places.
It is unlawful for any person or public body to construct, develop, or modify any public swimming pool or bathing place, other than coastal or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.031; Permit necessary to operate public swimming pool or bathing place.
(1) It is unlawful for any person or public body to operate or continue to operate any public swimming pool or bathing place without a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.033; Creation of fee schedules authorized.
(1) The department is authorized to establish a schedule of fees to be charged by the department or by any authorized county health department as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.04; Right of entry.
For the purpose of this chapter, department personnel at any reasonable time may enter upon any and all parts of the premises of such public ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.05; Denial, suspension, or revocation of permit; administrative fines.
(1) The department may deny an application for a permit, suspend or revoke a permit issued to any person or public body, or impose an ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.06; Injunction to restrain violations.
Any public swimming pool or bathing place constructed, developed, operated, or maintained contrary to the provisions of this chapter is declared to be a public ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.071; Certification of swimming instructors and lifeguards required.
(1) Any person working as a swimming instructor or lifeguard at a public swimming pool must be certified by the American Red Cross, the Y....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.072; Certification of swimming instructors for people who have developmental disabilities required.
Any person working at a swimming pool who holds himself or herself out as a swimming instructor specializing in training people who have developmental disabilities, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 514.075; Public pool service technician; certification.
The department may require that a public pool, as defined in s. 514.011, be serviced by a person certified as a pool service technician. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 515.21; Short title.
This chapter may be cited as the "Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 515.23; Legislative findings and intent.
The Legislature finds that drowning is the leading cause of death of young children in this state and is also a significant cause of death ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 515.25; Definitions.
As used in this chapter, the term: (1) "Approved safety pool cover" means a manually or power-operated safety pool cover that meets all of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 515.27; Residential swimming pool safety feature options; penalties.
(1) In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet at least one of the following ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 515.29; Residential swimming pool barrier requirements.
(1) A residential swimming pool barrier must have all of the following characteristics: (a) The barrier must be at least 4 feet high on the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 515.31; Drowning prevention education program; public information publication.
(1) The department shall develop a drowning prevention education program, which shall be made available to the public at the state and local levels and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 515.33; Information required to be furnished to buyers.
A licensed pool contractor, on entering into an agreement with a buyer to build a residential swimming pool, or a licensed home builder or developer, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 515.35; Rulemaking authority.
The department shall adopt rules pursuant to the Administrative Procedure Act establishing the fees required to attend drowning prevention education programs and setting forth the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 515.37; Exemptions.
This chapter does not apply to: (1) Any system of sumps, irrigation canals, or irrigation flood control or drainage works constructed or operated for the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.001; Short title.
This chapter shall hereafter be known, referred to, and cited as the "Florida Consumer Finance ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.01; Definitions.
As used in this chapter, the term: (1) "Consumer finance borrower" or "borrower" means a person who has incurred either direct or contingent liability to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.02; Loans; lines of credit; rate of interest; license.
(1) A person must not engage in the business of making consumer finance loans unless she or he is authorized to do so under this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.03; Application for license; fees; etc.
(1) APPLICATION.--Application for a license to make loans under this chapter shall be in the form prescribed by rule of the commission. The commission ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.031; Finance charge; maximum rates.
(1) INTEREST RATES.--Every licensee may lend any sum of money not exceeding $25,000. A licensee may not take a security interest secured by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.035; Rate of interest upon default.
In the event that any balance remains unpaid at the expiration of the scheduled maturity date of a loan, licensees may continue to charge interest ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.05; License.
(1) Upon the filing of an application for a license and payment of all applicable fees, the office shall, unless the application is to renew ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.07; Grounds for denial of license or for disciplinary action.
(1) The following acts are violations of this chapter and constitute grounds for denial of an application for a license to make consumer finance loans ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.11; Investigations and complaints.
(1) The office shall, at intermittent periods, make such investigations and examinations of any licensee or other person as it deems necessary to determine compliance ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.12; Records to be kept by licensee.
(1) The licensee shall keep and use in her or his business such books, accounts, and records in accordance with sound and accepted accounting practices ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.15; Duties of licensee.
Every licensee shall: (1) Deliver to the borrower at the time a loan is made a statement in the English language showing in clear and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.16; Confession of judgment; power of attorney; contents of notes and security.
No licensee shall take any confession of judgment or any power of attorney. Nor shall a licensee take any note, promise to pay, or security ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.17; Assignment of wages, etc., given to secure loans.
No assignment of, or order for the payment of, any salary, wages, commissions, or other compensation for services, earned or to be earned, given to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.19; Penalties.
Any person who violates any of the provisions of s. 516.02, s. 516.031, s. 516.05(3), s. 516.05(6), or s. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.21; Restriction of borrower's indebtedness.
No licensee shall directly or indirectly charge, contract for, or receive any interest, discount, or consideration greater than 18 percent per annum upon any loan, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.22; Rules; certified copies.
(1) RULES.--The commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of law conferring duties upon ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.221; Liability when acting upon order, declaratory statement, or rule.
No person or licensee hereunder shall be deemed to be in violation of this chapter nor shall such person or licensee be subject to any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.23; Subpoenas; enforcement actions; rules.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.26; Purchase or assignment of wages, salaries, etc.
The payment of $25,000 or less in money, credit, goods, or things in action as consideration for any sale or assignment of or order ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.27; Preexisting contracts.
This chapter or any part thereof may be modified, amended, or repealed so as to effect a cancellation or alteration of any license or right ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.31; Consumer protection; certain negotiable instruments restricted; assigns subject to defenses; limitation on deficiency claims; cross collateral.
(1) SCOPE.--This section applies to every consumer finance loan or other contract authorized by this chapter in which any form of credit is extended ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.32; Consumer credit counseling.
The office shall be responsible for promoting a consumer credit counseling service for the purpose of promoting and helping establish consumer credit counseling services for ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.33; Public disclosures.
All findings of facts and orders filed with the commission or office shall be a public ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.35; Credit insurance must comply with credit insurance act.
(1) Tangible property offered as security may be reasonably insured against loss for a reasonable term, considering the circumstances of the loan. If such insurance ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 516.36; Monthly installment requirement.
Every loan made pursuant to this chapter shall be repaid in monthly installments as nearly equal as mathematically practicable. This section shall not apply to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.011; Short title.
This chapter may be cited as the "Florida Securities and Investor Protection ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.021; Definitions.
When used in this chapter, unless the context otherwise indicates, the following terms have the following respective meanings: (1) "Affiliate" means a person that directly, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.03; Rulemaking; immunity for acts in conformity with rules.
(1) The office shall administer and provide for the enforcement of all the provisions of this chapter. The commission may adopt rules pursuant to ss. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.051; Exempt securities.
The exemptions provided herein from the registration requirements of s. 517.07 are self-executing and do not require any filing with the office prior ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.061; Exempt transactions.
The exemption for each transaction listed below is self-executing and does not require any filing with the office prior to claiming such exemption. Any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.07; Registration of securities.
(1) It is unlawful and a violation of this chapter for any person to sell or offer to sell a security within this state unless ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.072; Viatical settlement investments.
The exemptions provided for by ss. 517.051(6), (8), and (10) do not apply to a viatical settlement investment. The offering of a viatical ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.075; Cuba, prospectus disclosure of doing business with, required.
(1) Any issuer of securities that will be sold in this state pursuant to a prospectus must disclose in the prospectus if the issuer or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.081; Registration procedure.
(1) All securities required by this chapter to be registered before being sold in this state and not entitled to registration by notification shall be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.082; Notification registration.
(1) Except as provided in subsection (3), securities offered or sold pursuant to a registration statement filed under the Securities Act of 1933 shall be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.101; Consent to service.
(1) Upon any initial application for registration under s. 517.081 or s. 517.082 or upon request of the office, the issuer shall file ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.111; Revocation or denial of registration of securities.
(1) The office may revoke or suspend the registration of any security, or may deny any application to register securities, if upon examination into the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.12; Registration of dealers, associated persons, investment advisers, and branch offices.
(1) No dealer, associated person, or issuer of securities shall sell or offer for sale any securities in or from offices in this state, or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.1201; Notice filing requirements for federal covered advisers.
(1) It is unlawful for a person to transact business in this state as a federal covered adviser unless such person has made a notice ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.1203; Allocation and disbursement of assessment fees.
(1) Notwithstanding s. 517.131(1), an additional amount equal to 25 percent of all revenues received as assessment fees pursuant to s. 517.12(...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.1204; Investment Fraud Restoration Financing Corporation.
(1) The Investment Fraud Restoration Financing Corporation is hereby created as a nonprofit public benefit corporation for the purpose of financing the remedial measures instituted ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.1205; Registration of associated persons specific as to securities dealer, investment adviser, or federal covered adviser identified at time of registration approval.
Inasmuch as this chapter is intended to protect investors in securities offerings and other investment transactions regulated by that chapter, its provisions are to be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.121; Books and records requirements; examinations.
(1) A dealer, investment adviser, branch office, or associated person shall maintain such books and records as the commission may prescribe by rule. (2) The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.1215; Requirements, rules of conduct, and prohibited business practices for investment advisors and their associated persons.
(1) The commission shall specify by rule requirements for investment advisors deemed to have custody of client funds which concern the following: (a) Notification of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.1217; Rules of conduct and prohibited business practices for dealers and their associated persons.
The commission by rule may establish rules of conduct and prohibited business practices for dealers and their associated persons. In adopting the rules, the commission ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.122; Arbitration.
Any agreement to provide services that are covered by this chapter, entered into after October 1, 1996, by a person required to register under this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.131; Securities Guaranty Fund.
(1)(a) The Chief Financial Officer shall establish a Securities Guaranty Fund. An amount not exceeding 20 percent of all revenues received as assessment fees ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.141; Payment from the fund.
(1) Any person who meets all of the conditions prescribed in s. 517.131 may apply to the office for payment to be made to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.151; Investments of the fund.
The funds of the Securities Guaranty Fund shall be invested by the Chief Financial Officer under the same limitations as other state funds, and the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.161; Revocation, denial, or suspension of registration of dealer, investment adviser, associated person, or branch office.
(1) Registration under s. 517.12 may be denied or any registration granted may be revoked, restricted, or suspended by the office if the office ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.171; Burden of proof.
It shall not be necessary to negate any of the exemptions provided in this chapter in any complaint, information, indictment, or other writ or proceedings ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.181; Escrow agreement.
(1) If the statement containing information as to securities to be registered, as provided for in s. 517.081, shall disclose that any such securities ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.191; Injunction to restrain violations.
(1) When it appears to the office, either upon complaint or otherwise, that a person has engaged or is about to engage in any act ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.201; Investigations; examinations; subpoenas; hearings; witnesses.
(1) The office: (a) May make investigations and examinations within or outside of this state as it deems necessary: 1. To determine whether a person ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.2015; Confidentiality of information relating to investigations and examinations.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.211; Remedies available in cases of unlawful sale.
(1) Every sale made in violation of either s. 517.07 or s. 517.12(1), (4), (5), (9), (11), (13), (16), or (18) may ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.221; Cease and desist orders.
(1) The office may issue and serve upon a person a cease and desist order whenever the office has reason to believe that such person ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.241; Remedies.
(1) Any person aggrieved by a final order of the office may have the order reviewed as provided by chapter 120, the Administrative Procedure Act. (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.275; Commodities; prohibited practices.
It is unlawful and a violation of this chapter for any person to engage in any act or practice in or from this state, which ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.301; Fraudulent transactions; falsification or concealment of facts.
(1) It is unlawful and a violation of the provisions of this chapter for a person: (a) In connection with the rendering of any investment ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.302; Criminal penalties; alternative fine; Anti-Fraud Trust Fund; time limitation for criminal prosecution.
(1) Whoever violates any of the provisions of this chapter is guilty of a felony of the third degree, punishable as provided in s. 775....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.311; False representations; deceptive words; enforcement.
(1) It is unlawful for any person in issuing or selling any security within the state, including any security exempted under the provisions of s. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.312; Securities, investments, boiler rooms; prohibited practices; remedies.
(1) It is unlawful and a violation of this chapter for any person: (a) To offer or sell, in this state or from this state, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.313; Destroying certain records; reproduction.
(1) The commission and office may photograph, microphotograph, or reproduce on film or prints documents, records, data, and information of a permanent character. (2) The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.315; Fees.
All fees and charges of any nature collected by the office pursuant to this chapter, except the fees and charges collected pursuant to s. 517....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 517.32; Exemption from excise tax, certain obligations to pay.
There shall be exempt from all excise taxes imposed by chapter 201 all promissory notes, nonnegotiable notes, and other written obligations to pay money bearing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.01; Investments of funds received from United States Department of Veterans Affairs.
Subject to the conditions herein contained, and except as otherwise authorized by law, guardians holding funds received from, or currently in receipt of funds from, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.06; Investment of fiduciary funds in loans insured by Federal Housing Administrator.
Banks, savings banks, trust companies, building and loan associations, insurance companies, and guardians holding funds received from or currently in receipt of funds from the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.07; Investment of fiduciary funds in bonds, etc., issued by Federal Housing Administrator.
(1) Banks, savings banks, trust companies, building and loan associations, insurance companies, guardians holding funds received from or currently in receipt of funds from the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.08; Applicability of laws requiring security, etc.
No law of this state requiring security upon which loans or investments may be made, prescribing the nature, amount, or form of such security, prescribing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.09; Housing bonds legal investments and security.
The state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.10; Fiduciary defined as used in ss. 518.11-518.14.
For the purpose of ss. 518.11-518.14, a "fiduciary" is defined as an executor, administrator, trustee, guardian (except any guardian holding funds received ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.11; Investments by fiduciaries; prudent investor rule.
(1) A fiduciary has a duty to invest and manage investment assets as follows: (a) The fiduciary has a duty to invest and manage investment ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.112; Delegation of investment functions.
(1) A fiduciary may delegate any part or all of the investment functions, with regard to acts constituting investment functions that a prudent investor of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.115; Power of fiduciary or custodian to deposit securities in a central depository.
(1)(a) Notwithstanding any other provision of law, any fiduciary, as defined in s. 518.10, holding securities, as defined in 1s. 678.102(1), ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.116; Power of certain fiduciaries and custodians to deposit United States Government and agency securities with a Federal Reserve bank.
(1)(a) Notwithstanding any other provision of law, any fiduciary, as defined in s. 518.10, which is a bank or trust company holding securities ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.117; Permissible investments of fiduciary funds.
A fiduciary that is authorized by lawful authority to engage in trust business as defined in s. 658.12(20) may invest fiduciary funds in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.12; Instrument creating or defining powers, duties of fiduciary not affected.
Nothing contained in ss. 518.10-518.14 shall be construed as conferring a power of sale upon any fiduciary not possessing such power or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.13; Authority of court to permit deviation from terms of instrument creating trust not affected.
Nothing contained in ss. 518.10-518.14 shall be construed as restricting the power of a court of proper jurisdiction to permit a fiduciary ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.14; Scope of ss. 518.10-518.13.
The provisions of ss. 518.10-518.13 shall govern fiduciaries acting under wills, agreements, court orders, and other instruments now existing or hereafter ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.15; Bonds or motor vehicle tax anticipation certificates, legal investments and security.
Notwithstanding any restrictions on investments contained in any law of this state, the state and all public officers, municipal corporations, political subdivisions, and public bodies, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.151; Higher education bonds or certificates, legal investments and security.
Notwithstanding any restrictions on investments contained in any law of this state, the state and all public officers, municipal corporations, political subdivisions, and public bodies, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.152; Puerto Rican bonds or obligations, legal investments and securities.
Notwithstanding any restrictions on investments contained in any law of this state, all public officers and public bodies of the state, counties, municipal corporations, and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 518.16; Chapter cumulative.
This chapter shall be cumulative to any other law providing for investments and security for public ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 519.101; Florida equity exchange feasibility study; structure, operation, and regulation.
(1) There may be created one or more Florida equity exchanges, with one or more offices each, upon a determination by the Office of Financial ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.01; Motor Vehicle Retail Sales Finance Act.
Sections 520.01-520.10, 520.12, 520.125, and 520.13 may be cited as "The Motor Vehicle Retail Sales Finance ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.02; Definitions.
In this act, unless the context or subject matter otherwise requires: (1) "Branch" means any location, other than a licensee's principal place of business, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.03; Licenses.
(1) A person may not engage in the business of a motor vehicle retail installment seller or operate a branch of such business without a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.07; Requirements and prohibitions as to retail installment contracts.
(1)(a) A retail installment contract shall be in writing, shall be signed by both the buyer and the seller, and shall be completed as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.08; Finance charge limitation.
(1) Notwithstanding the provisions of any other law, the finance charge, exclusive of insurance, shall not exceed the following rates: (a) Class 1. Any new ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.085; Simple-interest contracts.
(1) A retail installment contract under The Motor Vehicle Retail Sales Finance Act may provide that the rate of finance charge be calculated on a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.09; Credit upon anticipation of payments.
Notwithstanding the provisions of any retail installment contract to the contrary, any buyer may pay in full at any time before maturity the debt of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.10; Refinancing retail installment contract.
The holder of a contract, upon request by the buyer, may extend the scheduled due date of all or any part of any installment or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.12; Penalties.
(1) Any person who willfully and intentionally violates any provision of s. 520.995 or engages in the business of a retail installment seller without ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.125; Variable rate contracts; mobile homes.
A retail installment contract for the purchase of a mobile home may provide that the rate of finance charge may be adjusted at stated regular ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.13; Waiver.
Any waiver of the provisions of ss. 520.01-520.10, s. 520.12, s. 520.13, s. 520.993, s. 520.994, or s. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.14; Termination of retail installment contract for leasing a motor vehicle by a servicemember.
(1) Any servicemember, as defined in s. 250.01, may terminate his or her retail installment contract for leasing a motor vehicle by providing the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.30; Short title.
This act may be cited as "The Retail Installment Sales ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.31; Definitions.
Unless otherwise clearly indicated by the context, the following words when used in this act, for the purposes of this act, shall have the meanings ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.32; Licenses.
(1) A person may not engage in or transact the business of a retail seller engaging in retail installment transactions as defined in this part ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.34; Retail installment contracts.
(1)(a) A retail installment contract shall be in writing, shall be signed by both the buyer and the seller, and shall be completed as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.345; Simple-interest contracts.
A retail installment contract under The Retail Installment Sales Act may provide that the rate of finance charge be calculated on a simple-interest basis ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.35; Revolving accounts.
(1) Every revolving account shall be in writing and shall be completed prior to the signing thereof by the retail buyer. The printed portion, other ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.351; Consolidated debts.
(1) If debts arising from two or more retail installment sales other than sales pursuant to a revolving account are secured by more than one ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.36; Mail order and telephone sales.
Retail installment contracts negotiated and entered into by mail or telephone without personal solicitation by salespersons or other representatives of the seller, when a catalog ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.37; Delinquency charges, attorney's fees and court costs.
A retail installment contract may provide for payment by the buyer of a delinquency charge on each installment in default for a period not less ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.38; Transfer of contracts.
Any retail seller may assign, pledge, hypothecate, or otherwise transfer a retail installment contract or revolving account to any person, firm or corporation on such ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.39; Penalties.
(1) Any person who willfully and intentionally violates any provision of s. 520.995 or engages in the business of a retail seller engaging in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.40; Waiver.
Any waiver by the retail buyer of any provisions of this act or of any remedies granted to the buyer by this act shall be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.41; Prior contracts not affected.
The provisions of this act shall not make contracts or accounts in effect prior to July 1, 1980, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.42; Construction.
Nothing in this act shall be construed to affect any transaction covered by chapter 516 and part I of this chapter or any transaction by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.50; Short title.
This act may be cited as "The Installment Sales Finance ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.51; Definitions.
The definitions contained within ss. 520.02, 520.31, and 520.61 apply to this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.52; Licensees.
(1) A person may not engage in the business of a sales finance company or operate a branch of such business without a license as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.57; Penalties.
(1) Any person who willfully and intentionally violates any provision of s. 520.995 or engages in the business of a sales finance company without ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.60; Short title.
This act may be known and cited as "The Home Improvement Sales and Finance ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.61; Definitions.
As used in this act: (1) "Banking institution" means any bank, bank and trust company, trust company, or any national banking association organized and doing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.63; Licensees.
(1) A person may not engage in or transact any business as a home improvement finance seller or operate a branch without first obtaining a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.68; Persons not required to be licensed.
No home improvement finance seller's or seller's license shall be required under this act of any person when acting in any capacity or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.69; Scope of license authority; scope of provisions.
(1) All persons engaged in the home improvement business as defined herein shall be required to obtain a license under this act as well as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.70; Employee of the seller.
(1) No individual may concurrently represent more than one home improvement finance seller in the solicitation or negotiation of any home improvement contract from an ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.71; Contract copy to owner.
Every home improvement finance seller shall furnish without charge a completely executed copy of the home improvement contract to the owner immediately after the owner ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.72; Cancellation of contract.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.73; Home improvement contract; form and content; separate disclosures.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.74; Provisions expressly prohibited.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.75; Buyer's waiver of statutory protection.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.76; Insurance provisions, procurement, rates.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.78; Finance charge limitation.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.785; Simple-interest contracts.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.79; Unauthorized charges.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.80; Mortgages, promissory notes.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.81; Completion certificate.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.82; Statement of account.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.83; Cancellation of contract on payment in full.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.84; Credit to owner on prepayment.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.85; Delinquency and collection charges; court costs and attorney's fees.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.86; Extension or deferment.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.87; Receipt for cash payment; payment to assignor.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.88; Assignments of contracts or notes.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.90; Prohibited acts.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.91; Uttering a false completion certificate.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.92; Compensation of other than licensee prohibited.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.98; Penalties.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.993; Definitions.
The definitions contained within ss. 520.02, 520.31, and 520.61 apply to this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.994; Powers of office.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.995; Grounds for disciplinary action.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.996; Investigations and complaints.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.9965; Confidentiality of information relating to investigations and examinations.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.997; Books, accounts, and records.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.998; Regulatory Trust Fund.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 520.999; Requirements of licensees.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 521.001; Short title.
Sections 521.001-521.006 may be cited as the "Motor Vehicle Lease Disclosure ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 521.002; Applicability.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 521.003; Definitions.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 521.004; Disclosures.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 521.005; Trade-in vehicle.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 521.006; Civil remedies.
(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, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 522.01; Fruit or produce brokers to make return of account sales.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 522.02; Persons presumed to be doing business in state.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 522.03; Liability of broker for loss by reason of delayed account sales; measure of damages.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 522.04; Liability of broker in case of failure to return account sales.
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, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 522.05; Penalty for failure of commission merchant to make returns.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 522.06; Produce commission merchant to furnish shipper duplicate sales account; shipper to have access to certain records; proviso.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 522.07; Violation of regulations as to sale of produce on commissions.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 525.01; Gasoline and oil to be inspected.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 525.02; Analyses of petroleum fuel.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 525.035; Mislabeled petroleum fuel.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 525.037; Petroleum fuel standards.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 525.07; Powers and duties of department; inspections; unlawful acts.
(1) The department shall inspect all measuring devices used in selling or distributing petroleum fuel at wholesale and retail. (2) The department shall define, by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 525.08; Department to have access to all stores, warehouses, factories, petroleum terminals, storage houses, and railroad depots.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 525.09; Inspection fee.
(1) For the purpose of defraying the expenses incident to inspecting, testing, and analyzing petroleum fuels in this state, there shall be paid to the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 525.10; Moneys to be paid into State Treasury; payment of expenses.
All moneys payable under this chapter shall be payable to the department and shall be paid by it into the State Treasury monthly to be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 525.14; Rules.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 525.15; Inspectors not to be interested in sales.
It is unlawful for any inspector to be interested, directly or indirectly, in the manufacturing or sale of any petroleum fuel regulated by this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 525.16; Administrative fine; penalties; prosecution of cases by state attorney.
(1)(a) The department may enter an order imposing one or more of the following penalties against any person who violates any of the provisions ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.01; Fraud and deception in sale of liquid fuel, lubricating oil, and greases; labeling; stop-sale order; penalty.
(1) No person shall store, sell, offer, or expose for sale any liquid fuels, lubricating oils, greases, or other similar products in any manner whatsoever ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.02; Proper trade name or mark to appear upon container or distributing device.
No person shall keep, expose or offer for sale, or sell any liquid fuels, lubricating oils, greases or other similar products from any container, tank, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.03; Imitating trade names or equipment under which liquid fuel is marketed; prohibition.
It is unlawful for any person to disguise or camouflage his or her own equipment, by imitating the design, symbol, trade name, or the equipment ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.04; Sale of liquid fuel under trademark of another; prohibition.
No person shall expose or offer for sale or sell under any trademark, trade name, or name or other distinguishing mark, any liquid fuels, lubricating ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.05; Mixing, blending, or compounding liquid fuels of different manufacturers prohibited.
No person shall mix, blend or compound the liquid fuels, lubricating oils, greases or similar products of a manufacturer or distributor with the products of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.06; Mixing, blending, compounding, or adulteration of liquid fuels of same manufacturer prohibited; sale of gasohol.
It is unlawful for any person to mix, blend, compound, or adulterate the liquid fuel, lubricating oil, grease, or similar product of a manufacturer or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.07; Assisting another in illegal storage or other violation of chapter prohibited.
No person shall aid or assist any other person in violating any of the provisions of this chapter, by depositing or delivering into any tank, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.08; Participation of director, officer, agent, employee, or member in violations.
If any firm, copartnership, association or corporation violates any of the provisions of this chapter, every director, officer, agent, employee or member participating in, aiding ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.09; Department to enforce law; rules.
The Department of Agriculture and Consumer Services shall enforce the provisions of this chapter. The department has authority to adopt rules pursuant to ss. 120....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.10; Department of Legal Affairs and state attorneys to assist in enforcing law.
The Department of Legal Affairs and each state attorney shall assist in the enforcement of the provisions of this chapter upon request of the Department ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.11; Penalty for violations.
Any person who shall violate any of the provisions of this chapter shall, for a first offense, be guilty of a misdemeanor of the second ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.111; Prohibited display of gasoline prices; penalty.
(1) It is unlawful for any person, firm, or corporation to display, or allow to be displayed on his or her premises, any sign, placard, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.121; Pricing restrictions; separation of gasolines.
(1) The posting at retail service stations of a different price for the same grade of gasoline dispensed from one pump than from another pump ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.131; Injunction against violations.
In addition to the remedies provided in this part, and notwithstanding the existence of any adequate remedy at law, the Department of Agriculture and Consumer ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.141; Self-service gasoline stations; attendants; regulations.
(1) This section authorizes the establishment of self-service gasoline stations. (2) A "self-service gasoline station" shall be that portion of property where flammable ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.143; Alternate generated power capacity for motor fuel dispensing facilities.
(1) By June 1, 2007, each motor fuel terminal facility, as defined in s. 526.303(16), and each wholesaler, as defined in s. 526....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.144; Florida Disaster Motor Fuel Supplier Program.
(1)(a) There is created the Florida Disaster Motor Fuel Supplier Program within the Department of Community Affairs. (b) Participation in the program shall be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.301; Short title.
This act may be cited as the "Motor Fuel Marketing Practices ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.302; Legislative findings and intent.
The Legislature finds that fair and healthy competition in the marketing of motor fuel provides maximum benefits to consumers in this state, and that certain ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.303; Definitions.
As used in this act: (1) "Affiliate" means any person whose stock is more than 50 percent owned by, or who, regardless of stock ownership, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.304; Predatory practices unlawful; exceptions.
(1)(a) It is unlawful for any refiner engaged in commerce in this state to sell any grade or quality of motor fuel at a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.305; Discriminatory practices unlawful; exceptions.
(1) It is unlawful for any person engaged in commerce in this state: (a) To sell for resale any grade of motor fuel at a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.306; Discriminatory allocations unlawful.
(1) It is unlawful for a supplier engaged in commerce in this state to limit or allocate the quantity of motor fuel available to a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.307; Unfair practices unlawful.
(1) It shall be unlawful for a refiner or other supplier to fix or maintain the retail price of motor fuel at a retail outlet ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.308; Certain rebates unlawful.
It is unlawful for any seller to offer or give a rebate, rent subsidy, or concession of any kind in connection, either directly or indirectly, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.309; Exempt sales.
The provisions of this act shall not apply to the following retail sales by a refiner: (1) A bona fide clearance sale for the purpose ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.311; Enforcement; civil penalties; injunctive relief.
(1) Any person who knowingly violates this act shall be subject to a civil penalty not to exceed $10,000 per violation. Each day that ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.312; Enforcement; private actions; injunctive relief.
(1) Any person injured as a result of an act or practice which violates this act may bring a civil action for appropriate relief, including ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.313; Limitations period for actions.
Any action brought by the department shall be brought within 2 years after the alleged violation occurred or should reasonably have been discovered. Any action ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.50; Definition of terms.
As used in this part: (1) "Brake fluid" means the fluid intended for use as the liquid medium through which force is transmitted in the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.51; Registration; renewal and fees; departmental expenses; cancellation or refusal to issue or renew.
(1)(a) Application for registration of each brand of brake fluid shall be made on forms to be supplied by the department. The applicant shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.52; Specifications; adulteration and misbranding.
(1) The department shall establish specifications for brake fluid which shall promote the public safety in the operation of automotive vehicles and may amend such ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.53; Enforcement; inspection and analysis, stop-sale and disposition, regulations.
(1) The department shall enforce the provisions of this part through the Division of Standards, and may sample, inspect, analyze, and test any brake fluid ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.54; Certified copy of analysis as evidence.
A certified copy of the analysis made by the department shall be admitted as prima facie evidence in any court proceeding involving the inspection, analysis, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.55; Violation and penalties.
It is unlawful: (1) To sell any brake fluid that is adulterated or misbranded, not registered or on which a permit has not been issued. (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 526.56; Injunction against violations.
In addition to the remedies provided in this law, and notwithstanding the existence of any adequate remedy at law, the department is hereby authorized to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.01; Definitions.
As used in this chapter: (1) "Liquefied petroleum gas" means any material which is composed predominantly of any of the following hydrocarbons, or mixtures of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.02; License; penalty; fees.
(1) It is unlawful for any person to engage in this state in the activities of a pipeline system operator, category I liquefied petroleum gas ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.0201; Qualifiers; master qualifiers; examinations.
(1) In addition to the requirements of s. 527.02, any person applying for a license to engage in the activities of a pipeline system ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.021; Registration of transport vehicles.
(1) Each liquefied petroleum gas bulk delivery vehicle owned or leased by a liquefied petroleum gas licensee must be registered with the department annually. (2) ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.03; Annual renewal of license.
All licenses required under this chapter shall be renewed annually subject to the license fees prescribed in s. 527.02 for the period beginning September ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.04; Proof of insurance required.
(1) Before any license is issued, except to a dealer in appliances and equipment for use of liquefied petroleum gas or a category III liquefied ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.055; General powers and duties.
(1) The department is empowered to enforce all provisions of this chapter and rules promulgated pursuant to this chapter relating to: (a) The safe handling, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.06; Rules.
(1) The department may adopt rules necessary to effectuate any of the statutory duties of the department in the interest of public health, safety, and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.0605; Liquefied petroleum gas bulk storage locations; jurisdiction.
(1) The provisions of this chapter shall apply to liquefied petroleum gas bulk storage locations when: (a) A single container in the bulk storage location ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.061; Inspection of buildings, systems, equipment, vehicles, or premises.
The department may inspect, at any reasonable hour, any facility, building, system, equipment, vehicle, or premises where liquefied petroleum gas or equipment therefor is offered ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.062; Investigation and safety promotion; authority of department.
(1) The department may investigate the cause and circumstances of any accident involving loss of life, personal injury, or property damage when there is reasonable ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.065; Notification of accidents; leak calls.
(1) Immediately upon discovery, all liquefied petroleum gas licensees shall notify the department of any liquefied petroleum gas-related accident involving a liquefied petroleum gas ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.067; Responsibilities of persons engaged in servicing liquefied petroleum gas equipment and systems and consumers, end users, or owners of liquefied petroleum gas equipment or systems.
(1) All persons engaged in the business of servicing, testing, repairing, maintaining, or installing liquefied petroleum gas equipment and systems shall initially present proof of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.07; Restriction on use of containers.
No person, other than the owner and those authorized by the owner, shall sell, fill, refill, deliver, permit to be delivered, or use in any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.08; Penalty for violation.
It is unlawful for any person to violate any of the provisions of this chapter or of the rules of the department made pursuant to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.09; Injunction.
In addition to the penalties and other enforcement provisions of this chapter, in the event any person violates any provision of this chapter or any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.10; Restriction on use of unsafe container or system.
No liquefied petroleum gas shall be introduced into or removed from any container or system in this state that has been identified by the department ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.11; Minimum storage.
(1) Every person who engages in the distribution of liquefied petroleum gas for resale to domestic, commercial, or industrial consumers as a prerequisite to obtaining ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.12; Cease and desist orders; administrative fines.
Whenever the department shall have reason to believe that any person is or has been violating provisions of this chapter or any rules adopted pursuant ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.13; Administrative fines and warning letters.
(1) If any person violates any provision of this chapter or any rule adopted pursuant thereto or a cease and desist order, the department may ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.14; Suspension and revocation of license.
(1) The violation by any person possessed of a license or required to possess a license as provided in s. 527.02 of any provision ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.15; Conduct of proceedings; record costs.
The state's portion of the cost of the stenographic record and transcription of department proceedings shall be paid out of the General Inspection Trust ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.16; Witnesses and evidence.
(1) As to the subject of any examination or investigation being conducted by the department, or an examiner appointed by it, the department may administer ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.20; Short title and purpose.
(1) Sections 527.20-527.23 may be cited as the "Florida Propane Gas Education, Safety, and Research Act." (2) It is the finding of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.21; Definitions relating to Florida Propane Gas Education, Safety, and Research Act.
As used in ss. 527.20-527.23, the term: (1) "Council" means the Florida Propane Gas Education, Safety, and Research Council created by this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.22; Florida Propane Gas Education, Safety, and Research Council established; membership; duties and responsibilities.
(1) The Florida Propane Gas Education, Safety, and Research Council is established. (2)(a) Within 90 days after the effective date of this act, the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 527.23; Marketing orders; referendum requirements; assessments.
(1) Subject to the legislative restrictions and limitations set forth in this act, any marketing order issued by the department may contain any or all ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.36; Title.
This act may be cited as the "Weights and Measures Act of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.37; Definitions.
As used in this chapter: (1) "Weights and measures" means all weights and measures of every kind, instruments, and devices for weighing and measuring, and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.38; Systems of weights and measures.
The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.39; State standards.
Weights and measures that are traceable to the United States prototype standards supplied by the Federal Government, or approved as being satisfactory by the National ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.40; Technical requirements for commercial devices.
The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices, as determined by regulations adopted by the department, which regulations shall afford ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.41; Powers and duties of the department.
The department shall: (1) Maintain traceability of the state standards to the National Institute of Standards and Technology. (2) Enforce the provisions of this chapter. (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.415; Fees.
(1) The department shall charge and collect the following fees for actual metrology laboratory calibration and testing services rendered: (a) For each mass standard that ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.42; Special police powers.
With respect to the enforcement of this chapter and rules pursuant thereto, the department is: (1) Empowered to seize, for use as evidence, without formal ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.421; Powers and duties of local officials.
Any weights and measures official appointed for a county or city may exercise, in cooperation with the state, the duties enumerated in s. 531.41(...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.43; Misrepresentation of quantity.
No person shall sell or offer or expose for sale less than the quantity he or she represents, nor take any more than the quantity ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.44; Misrepresentation of pricing; verification procedures.
(1) No person shall misrepresent the price of any commodity or service sold or offered, exposed, or advertised for sale by weight, measure, or count, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.45; Method of sale.
Except as otherwise provided by rule of the department, commodities in liquid form shall be sold by liquid measure or by weight, and commodities not ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.46; Bulk sale.
Bulk sales in excess of $20 shall be accompanied by a delivery ticket containing the following information: (1) The name and address of the vendor ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.47; Information required on packages.
Except as otherwise provided in this chapter or by rules adopted pursuant thereto, any package kept for the purpose of sale or offered or exposed ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.48; Declarations of unit price on random packages.
In addition to the declarations required by s. 531.47, any package being one of a lot containing random weights of the same commodity and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.49; Advertising packages for sale.
Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.50; Administrative fine, penalties, and offenses.
(1) The department may enter an order imposing one or more of the following penalties against any person who violates any provision of this chapter ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.51; Injunction.
The department is authorized, without bond, to apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.52; Presumptive evidence.
Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 531.53; Regulations to be unaffected by repeal of prior enabling statute.
The enactment of this chapter or any of its provisions shall not affect any rule adopted pursuant to the authority of any earlier enabling statute ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 532.01; Payment by check, draft, or other order for payment.
Any order, check, draft, note, memorandum, or other acknowledgment of indebtedness issued in payment of wages or salary due or to become due must be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 532.02; Payment by other device.
Any person issuing coupons, punch-outs, tickets, tokens, or other device in lieu of cash as payment for labor, whether redeemable either wholly or partially ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 532.04; Payment by direct deposit of funds.
(1) None of the provisions of this chapter shall be deemed or construed to prohibit the payor of wages or salary from causing the amount ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.011; Inspection and protection of livestock; jurisdiction of Department of Agriculture and Consumer Services.
The inspection and protection of livestock in the state are hereby placed under the jurisdiction of the Department of Agriculture and Consumer Services, herein called ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.021; Recording of marks or brands.
The department shall be the recorder of livestock marks or brands, and the marks or brands may not be recorded elsewhere in the state. Any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.031; Certified copies of marks and brands.
Certified copies of recorded marks and brands shall be furnished by the department when and as requested and it shall charge and collect $2 for ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.041; Renewal of certificate of mark or brand.
The registration of a mark or brand entitles the registered owner to exclusive ownership and use of the mark or brand for a period ending ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.051; Transfer of ownership of mark or brand.
Marks or brands recorded under this act are the property of the person, firm or corporation causing the record to be made, and may be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.061; Transfer of ownership of cattle.
It shall be the duty of all purchasers of cattle, except for immediate slaughter, to remark or rebrand the same within 10 days, or have ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.071; Rules and regulations.
The department shall prescribe and enforce suitable rules and regulations for the inspection of livestock and carcasses of livestock to the end that the true ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.081; Duties of law enforcement officers; appointment of special officers.
(1) All law enforcement officers of the state or any political subdivision thereof, including investigators and agricultural law enforcement officers of the department and highway ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.082; Duties of livestock hide dealers.
Livestock hide dealers shall make and keep a record of all hides of livestock received by them, which record shall include the name and address ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.083; Livestock hauler's permit; display of permit on vehicle; bill of lading.
(1) No person shall engage in the business of transporting or hauling for hire livestock on any street or highway, as defined in s. 316....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.091; Claim of ownership without title.
It shall be unlawful for any person, firm or corporation to have the possession of livestock or carcasses of livestock under claim of ownership when ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.101; Penalties.
Any person who shall violate the provisions of ss. 534.011-534.091, either by doing anything forbidden, or failing to do and perform anything ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.111; Injunction.
In addition to the remedies provided in this chapter, and notwithstanding the existence of any adequate remedy at law, the department is hereby authorized to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.47; Definitions.
As used in ss. 534.48-534.53: (1) "Department" means the Department of Agriculture and Consumer Services. (2) "Livestock market" means any location in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.48; License and fee.
Prior to engaging in business, every livestock market shall make application to the department for a license. Such application shall be on a form provided ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.49; Livestock drafts; effect.
For the purposes of this section, a livestock draft given as payment at a livestock auction market for a livestock purchase shall not be deemed ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.50; Report and notice of dishonored check or draft.
It shall be the duty and responsibility of each livestock market to report to the department within 24 hours after having knowledge that a check ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.501; Livestock draft; unlawful to delay payment.
It shall be unlawful for the purchaser of livestock to delay payment of the livestock draft upon presentation of said draft at the payor's ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.51; Prohibition against filing complaint.
A livestock market shall be prohibited from filing a complaint under s. 604.21 if such livestock market has violated any provision of ss. 534....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.52; Violations; refusal, suspension, revocation; penalties.
(1) For any violation of ss. 534.47-534.53, the department may refuse to renew a license or may suspend or revoke a license ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.53; Information and records.
The livestock auction market shall be required to record and maintain information or records necessary to properly administer and enforce ss. 534.47-534.53, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 534.54; Cattle or hog processors; prompt payment; penalty; lien.
(1) As used in this section: (a) "Livestock" means cattle or hogs. (b) "Meat processor" means a person, corporation, association, or other legal entity engaged ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 535.01; License for the public sale of thoroughbred horses.
All persons holding, sponsoring, or conducting a public sale at which thoroughbred horses are offered for sale shall obtain a license from the Department of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 535.02; Minimum requirements; rules.
The Department of Agriculture and Consumer Services shall establish by rule minimum requirements for financial responsibility and for sales facilities with respect to the public ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 535.05; License fee.
The Department of Agriculture and Consumer Services shall assess an application and license fee of $300 for the public sale of thoroughbred horses provided in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 535.08; Thoroughbred sales; administration of medications prior to sale; testing.
(1) No person shall administer to any thoroughbred horse offered for licensed public sale at a thoroughbred horse sale any substance that is recognized as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 535.11; Prohibition against administration of drugs; testing; search powers of department; penalties.
(1) As used in this section, the term: (a) "Depressant" means any medication that depresses the circulatory, respiratory, or central nervous system. (b) "Forbidden substance" ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 535.12; Horse shows or sales; penalties for violations.
(1) Any person who violates the provisions of subsection (2), subsection (4), subsection (6), or subsection (7) of s. 535.11 is guilty of a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 535.13; Inapplicability to horseracing.
No provision contained in s. 535.11 or s. 535.12 affects in any way existing statutes governing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 535.14; Rules.
The department may make all necessary rules to carry out the provisions of ss. 535.11 and 535....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 536.13; Stamp or brand for logs.
Any person engaged in this state in the business of getting out, buying, selling, or manufacturing saw logs, may adopt a stamp or brand for ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 536.14; Brands to be recorded by clerk of circuit court.
A person may execute a written declaration that she or he has adopted a brand, describing it, and after acknowledgment of such declaration before any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 536.15; May prevent use by others.
Any person who has had her or his brand recorded in any county, may prevent other persons from using the same in said county by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 536.16; Prima facie evidence of ownership.
Any log found in any county branded with a brand recorded in said county by any person shall be deemed prima facie to be the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 536.17; Where two or more brands the same.
In case there shall be recorded in the same county two or more brands the same, or substantially the same, the brand first recorded shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 536.18; Defacing the mark or brand of lumber and timber.
If any person shall fraudulently alter, change or deface the duly recorded mark, brand, or stamp of any lumber, logs or timber, or shall fraudulently ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 536.19; Unlawful use of recorded log brand or stamp.
Any person who shall unlawfully use any recorded log brand or stamp of another shall be guilty of a misdemeanor of the second degree, punishable ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.001; Short title.
This act may be cited as the "Florida Title Loan ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.002; Legislative intent.
It is the intent of the Legislature that title loans shall be regulated by the provisions of this act. The provisions of this act shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.003; Definitions.
As used in this act, unless the context otherwise requires: (1) "Commercially reasonable" has the same meaning as used in part V of chapter 679. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.004; License required; license fees.
(1) A person may not act as a title loan lender or own or operate a title loan office unless such person has an active ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.005; Application for license.
(1) A verified application for licensure under this act, in the form prescribed by commission rule, shall: (a) Contain the name and the residence and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.006; Denial, suspension, or revocation of license.
(1) The following acts are violations of this act and constitute grounds for the disciplinary actions specified in subsection (2): (a) Failure to comply with ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.007; Remedies for title loans made without licensure.
Any title loan made without benefit of a license is void, in which case the person making the title loan forfeits the right to collect ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.008; Title loan agreement.
(1) At the time a title loan lender makes a title loan, the lender and the borrower shall execute a title loan agreement, which shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.009; Recordkeeping; reporting; safekeeping of property.
(1) Every title loan lender shall maintain, at the lender's title loan office, such books, accounts, and records of the business conducted under the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.011; Title loan charges.
(1) A title loan lender may charge a maximum interest rate of 30 percent per annum computed on the first $2,000 of the principal ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.012; Repossession, disposal of pledged property; excess proceeds.
(1) If a borrower fails to repay all amounts legally due under the title loan agreement on or before the end of the title loan'...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.013; Prohibited acts.
(1) A title loan lender, or any agent or employee of a title loan lender, shall not: (a) Falsify or fail to make an entry ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.014; Right to reclaim; lost title loan agreement.
(1) Any person presenting identification of such person as the borrower and presenting the borrower's copy of the title loan agreement to the title ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.015; Criminal penalties.
(1) Any person who acts as a title loan lender without first securing the license prescribed by this act commits a felony of the third ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.016; Subpoenas; enforcement actions; rules.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.017; Investigations and complaints.
(1) The office may make any investigation and examination of any licensee or other person the office deems necessary to determine compliance with this act. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 537.018; County and municipal ordinances.
Nothing in this act precludes a county or municipality from adopting ordinances more restrictive, in whole or in part, than the provisions of this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.03; Definitions; applicability.
(1) As used in this part, the term: (a) "Secondhand dealer" means any person, corporation, or other business organization or entity which is not a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.04; Recordkeeping requirements; penalties.
(1) Secondhand dealers shall complete a secondhand dealers transaction form at the time of the actual transaction. A secondhand dealer shall maintain a copy of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.05; Inspection of records and premises of secondhand dealers.
(1) The entire registered premises and required records of each secondhand dealer are subject to inspection during regular business hours by any law enforcement officer ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.06; Holding period.
(1) A secondhand dealer shall not sell, barter, exchange, alter, adulterate, use, or in any way dispose of any secondhand goods within 15 calendar days ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.07; Penalty for violation of chapter.
(1) Except where otherwise provided herein, a person who knowingly violates any provision of this chapter commits a misdemeanor of the first degree, punishable as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.08; Stolen goods; petition for return.
(1) If the secondhand dealer contests the identification or ownership of the property, the person alleging ownership of the property may, provided that a timely ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.09; Registration.
(1) A secondhand dealer shall not engage in the business of purchasing, consigning, or trading secondhand goods from any location without registering with the Department ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.11; Powers and duties of department; rules.
The same duties and privileges imposed by chapter 212 upon dealers of tangible personal property respecting the keeping of books and records and accounts and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.15; Certain acts and practices prohibited.
It is unlawful for a secondhand dealer or any employee thereof to do or allow any of the following acts: (1) Knowingly make a transaction ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.17; Local regulation of secondhand dealers.
Nothing in this chapter shall preclude political subdivisions of the state and municipalities from enacting laws more restrictive than the provisions of this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.18; Definitions.
As used in this part, the term: (1) "Ferrous metals" means any metals containing significant quantities of iron or steel. (2) "Fixed location" means any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.19; Records required.
(1) A secondary metals recycler shall maintain a legible record of all purchase transactions to which such secondary metals recycler is a party. (2) The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.20; Inspection of regulated metals property and records.
During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall, after properly identifying herself or himself as a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.21; Hold notice.
(1) Whenever a law enforcement officer has reasonable cause to believe that certain items of regulated metals property in the possession of a secondary metals ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.22; Exemptions.
This part shall not apply to purchases of regulated metals property from: (1) Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.23; Violations and penalties.
(1) A secondary metals recycler shall, upon conviction of knowingly and intentionally: (a) Violating s. 538.20 or s. 538.21; (b) Engaging in a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.24; Stolen regulated metals property; petition for return.
(1) If the secondary metals recycler contests the identification or ownership of the regulated metals property, the party other than the secondary metals recycler claiming ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.25; Registration.
(1) No person shall engage in business as a secondary metals recycler at any location without registering with the department. (a) A fee equal to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 538.26; Certain acts and practices prohibited.
It is unlawful for a secondary metals recycler to do or allow any of the following acts: (1) Purchase regulated metals property between the hours ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 539.001; The Florida Pawnbroking Act.
(1) SHORT TITLE.--This section may be cited as the "Florida Pawnbroking Act." (2) DEFINITIONS.--As used in this section, the term: (a) "Agency" means ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 539.002; Applicability.
Chapter 538 does not apply to pawnbrokers licensed under the Florida Pawnbroking Act. This act does not abrogate any provision of chapters 671-...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 539.003; Confidentiality.
All records relating to pawnbroker transactions delivered to appropriate law enforcement officials pursuant to s. 539.001 are confidential and exempt from the provisions of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 540.01; Unfair discrimination and competition prohibited; definition of commodity.
(1) Any person doing business in the state, and engaged in the production, manufacture, sale or distribution of any commodity in general use, that shall, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 540.02; Duty of state attorneys.
The state attorneys and the Department of Legal Affairs shall enforce the provisions of s. 540.01 by appropriate actions in courts of competent ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 540.03; Complaints made to Department of State; duty.
If complaint shall be made to the Department of State that any corporation authorized to do business in this state is guilty of unfair discrimination ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 540.04; Department of State to revoke permit of corporation found guilty of discrimination.
If any corporation, foreign or domestic, authorized to do business in this state, is found guilty of unfair discrimination within the terms of this chapter, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 540.05; Ouster of corporation found guilty.
If after revocation of its permit, such corporation, or any other corporation not having a permit and found guilty of having violated any of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 540.06; Unfair commercial discrimination prohibited; penalty.
Any person, firm, company, association or corporation violating any of the provisions of s. 540.01, and any officer, agent or receiver of any firm, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 540.08; Unauthorized publication of name or likeness.
(1) No person shall publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 540.09; Unauthorized publication of photographs or pictures of areas to which admission is charged.
(1) Any person who shall sell any photograph, drawing, or other visual representation of any area, building, or structure, the entry or admittance to which ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 540.10; Exemption of news media from liability.
No relief may be obtained under s. 540.08 or s. 540.09, against any broadcaster, publisher or distributor broadcasting, publishing or distributing paid advertising ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 540.11; Unauthorized copying of phonograph records, disk, wire, tape, film, or other article on which sounds are recorded.
(1) As used in this section, unless the context otherwise requires: (a) "Owner" means the person who owns the original sounds embodied in the master ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 540.12; Unlawful use of a recording device in a motion picture theater.
(1) DEFINITIONS.--As used in this section, the term: (a) "Audiovisual recording function" means the capability of a camera, an audio or video recorder, or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.15; Short title.
This act shall be known and may be cited as the "Florida Antitrust Act of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.16; Purpose.
The Legislature declares it to be the purpose of this act to complement the body of federal law prohibiting restraints of trade or commerce in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.17; Definitions.
Unless a different meaning is clearly indicated by the context, for the purposes of this chapter, the terms defined in this section have the following ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.18; Restraint of trade or commerce.
Every contract, combination, or conspiracy in restraint of trade or commerce in this state is ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.19; Monopolization; attempts, combinations, or conspiracies to monopolize.
It is unlawful for any person to monopolize, attempt to monopolize, or combine or conspire with any other person or persons to monopolize any part ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.20; Exemptions.
Any activity or conduct exempt under Florida statutory or common law or exempt from the provisions of the antitrust laws of the United States is ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.21; Penalties for violation.
(1) Any natural person who violates any of the provisions of s. 542.18 or s. 542.19 shall be subject to a civil penalty ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.22; Suits for damages.
(1) Any person who shall be injured in her or his business or property by reason of any violation of s. 542.18 or s. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.23; Equitable remedies.
In addition to other remedies provided by this chapter, any person shall be entitled to sue for and have injunctive or other equitable relief in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.235; Limitations of actions and penalties against local governments and their officials and employees.
(1) No criminal action shall be brought pursuant to s. 542.21(2) against any local government. (2) No civil penalties, damages, interest on damages, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.24; Consent decrees and settlement agreements.
In a civil action maintained under this chapter by the Attorney General or a state attorney, any party to such action may petition the court ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.25; Judgment in favor of state as prima facie evidence.
A final judgment or decree entered in any civil or criminal proceeding brought by the Attorney General or a state attorney under s. 542.21 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.26; Limitation of actions.
(1) Any action brought under s. 542.21 or s. 542.22 must be commenced within 4 years after the cause of action accrues. (2) ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.27; Enforcement authority.
(1) The Attorney General, or a state attorney with written permission from the Attorney General, acting jointly or independently, may commence and try all criminal ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.28; Civil investigative demand.
(1) Whenever the Attorney General, or a state attorney with appropriate jurisdiction and with the written consent of the Attorney General, has reason to believe ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.29; Duty of public officers.
In any investigation and in any criminal or civil action commenced pursuant to this chapter, it shall be the duty of all public officers and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.30; Jurisdiction and venue.
Without regard to the amount in controversy, a suit or proceeding brought under this chapter shall be brought in the circuit court in and for ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.31; Action not barred as affecting or involving interstate or foreign commerce.
No action under this chapter shall be barred on the grounds that the activity or conduct complained of in any way affects or involves interstate ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.32; Rule of construction and coverage.
It is the intent of the Legislature that, in construing this chapter, due consideration and great weight be given to the interpretations of the federal ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.33; Contracts in restraint of trade valid.
(1) Notwithstanding other provisions of this chapter to the contrary, each contract by which any person is restrained from exercising a lawful profession, trade, or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.331; Applicability of s. 542.33.
Section 542.33 is hereby repealed with respect to restrictive covenants entered into or having an effective date on or after July 1, 1996. Section ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.335; Valid restraints of trade or commerce.
(1) Notwithstanding s. 542.18 and subsection (2), enforcement of contracts that restrict or prohibit competition during or after the term of restrictive covenants, so ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.34; Discriminatory trade practices.
(1) It is an unlawful trust and an unlawful restraint of trade for any person who is chartered by, or authorized to do business in, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.35; Remedies cumulative.
The remedies provided by this act are cumulative of each other and of existing powers and remedies inherent in the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 542.36; Continuing violations.
Violations commenced prior to the effective date of this act and continuing after the effective date shall be actionable as provided in this chapter. The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 545.01; Definitions.
(1) The term "person" as used in this chapter means any individual, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors. (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 545.02; Contracts designating finance company through which sale of motor vehicle to be financed declared void.
It is unlawful for any manufacturer or wholesale distributor of motor vehicles to sell or contract for the sale of motor vehicles to any motor ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 545.03; Threats by manufacturer or wholesaler as prima facie evidence of intent to violate law.
Any threat, expressed or implied, made directly or indirectly to any motor vehicle dealer, by any manufacturer, or wholesale distributor on authority or with the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 545.04; Threats by finance company presumed to be made by manufacturer or wholesaler.
Any threat, express or implied, made directly or indirectly to any motor vehicle dealer by any finance company or agent thereof, who is affiliated with ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 545.05; Paying or giving anything to finance company to lessen competition prohibited.
It is unlawful for any manufacturer or wholesale distributor of motor vehicles, to pay or give, or contract to pay or give any thing or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 545.06; Acceptance of anything of value by finance company resulting in lessening competition prohibited.
It is unlawful for any finance company to accept or receive, or contract or agree to accept or receive, either directly or indirectly, any payment, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 545.07; Acceptance of benefits by finance company for purpose of lessening competition prohibited.
It is unlawful for any finance company who accepts or receives, either directly or indirectly, any payment, thing, or service of value, as set forth ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 545.08; Department of Legal Affairs or state attorney to institute suit upon violation of law.
For a violation of any of the provisions of this chapter by any corporation mentioned herein, the Department of Legal Affairs or the state attorney ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 545.09; Department of Legal Affairs to enjoin violations by foreign corporations; revocation of license by Department of State.
Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises or functions of a corporation in this state, violating any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 545.10; Contract in violation of law declared void.
Any contract or agreement in violation of the provisions of this chapter shall be void and shall not be enforceable either in law or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 545.11; Remedy for persons injured by violation of law.
In addition to the criminal and civil penalties herein provided, any person who is injured in her or his business or property by any other ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 545.12; Penalty for violations of chapter.
Any person who violates any of the provisions of this chapter, any person who is a party to any agreement or understanding, or to any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 546.001; Short title.
Sections 546.001-546.008 may be cited as the "Amusement Ride and Attraction Insurance ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 546.002; Definitions.
As used in ss. 546.001-546.008, the term: (1) "Amusement attraction" means any building or structure around, over, or through which persons may ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 546.003; Requirement for insurance coverage or bond.
No person may operate an amusement ride or amusement attraction unless at the time of such operation there is in existence: (1) An insurance policy ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 546.004; Local licenses, permits, and certificates.
An amusement ride or amusement attraction may not be granted any license, permit, or registration to engage in business by any local government until the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 546.006; Exemptions.
The following amusement rides and amusement attractions are exempt from the provisions of ss. 546.001-546.008: (1) Nonmechanized playground equipment, including, but not ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 546.008; Penalties for violation of s. 546.003.
Any person who operates an amusement ride or amusement attraction in violation of the provisions of s. 546.003 is guilty of a misdemeanor of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.001; Short title.
Sections 548.001-548.079 shall be known and may be cited as the "Joe Lang Kershaw ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.002; Definitions.
As used in this chapter, the term: (1) "Amateur" means a person who has never received nor competed for any purse or other article of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.003; Florida State Boxing Commission.
(1) The Florida State Boxing Commission is created and is assigned to the Department of Business and Professional Regulation for administrative and fiscal accountability purposes ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.004; Executive director; duties, compensation, administrative support.
(1) The department shall employ an executive director with the approval of the commission. The executive director shall serve at the pleasure of the secretary. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.005; Oversight of the commission; long-range policy planning; plans, reports, and recommendations.
(1) The department shall exercise oversight of the activities of the commission to the extent necessary to facilitate the requirements of this section. (2) To ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.006; Power of commission to control professional and amateur pugilistic contests and exhibitions; certification of competitiveness of professional mixed martial arts and kickboxing matches.
(1) The commission has exclusive jurisdiction over every match held within the state which involves a professional. (2) As to professional mixed martial arts and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.0065; Amateur matches; sanctioning and supervision; health and safety standards; compliance checks; continuation, suspension, and revocation of sanctioning approval.
(1) No match involving amateurs which utilizes, but is not necessarily limited to, strikes or blows to the head may be held in this state ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.007; Applicability of provisions to amateur matches and certain other matches or events.
With the exception of s. 548.008, ss. 548.001-548.079 do not apply to: (1) A match conducted or sponsored by a bona ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.008; Prohibited competitions.
(1) No match involving amateurs which utilizes, but is not necessarily limited to, strikes or blows to the head may be held in this state ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.011; Power of commission to issue, withhold, suspend, or revoke licenses and permits.
The commission has exclusive jurisdiction to issue, withhold, suspend, or revoke any license or permit provided for in this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.012; Promoter's license.
(1) A promoter may not, directly or indirectly, promote any match involving a professional, unless the promoter has been issued a license therefor by the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.013; Foreign copromoter license requirement.
(1) No foreign copromoter may, directly or indirectly, participate in the promotion of, receive any remuneration from, or render any services in connection with any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.014; Promoters and foreign copromoters; bonds or other security.
(1)(a) Before any license is issued or renewed to a promoter or foreign copromoter and before any permit is issued to a promoter or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.015; Concessionaires; security.
The commission may require that before any license is issued or renewed to a concessionaire, or before the holding of a match, the concessionaire must ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.017; Participants, managers, and other persons required to have licenses.
(1) A participant, manager, trainer, second, timekeeper, referee, judge, announcer, physician, matchmaker, concessionaire, or booking agent or representative of a booking agent shall be licensed ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.021; Applications for licenses and permits.
(1) An application for a license or a permit must: (a) Be in writing on a form supplied by the commission which shall contain the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.022; Oral examinations.
The commission may require any applicant or any officer, director, employee, or stockholder of a corporate applicant, before taking action on her or his application, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.024; Background investigation of applicants for licensure.
(1) The commission is authorized to adopt rules pursuant to ss. 120.536(1) and 120.54 which provide for background investigations of applicants for ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.025; License fees.
The commission shall set license fees as follows: (1) Promoter, matchmaker--not to exceed $500. (2) Any other license--not to exceed $...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.026; Duration of license.
Each license shall expire on December 31 next following the date on which it was ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.028; Refusal to issue license.
The commission shall not issue a license to: (1) Any person or business entity that has been convicted of any act, or that has a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.032; Permit for program of matches.
In addition to a promoter's license, a promoter must procure a permit for each program of matches before presenting that program. Each application for ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.033; Local prohibiting ordinance.
A permit may not be issued for a match to be held within any political subdivision of this state that has adopted a local ordinance ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.035; Permit fees.
(1) The commission shall set permit fees based on seating capacity of the premises where the program is to be presented as follows: (a) If ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.037; Admissions not to exceed seating capacity.
It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any promoter to sell or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.041; Age, condition, and suspension of participants.
(1) A person shall not be licensed as a participant, and the license of any participant shall be suspended or revoked, if such person: (a) ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.042; Participation under fictitious name.
A person may not participate under a fictitious or assumed name in any match unless she or he has registered the name with the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.043; Weights and classes, limitations; gloves.
(1) The commission shall establish classes of participants based upon weights. (2) The commission shall establish by rule the acceptable difference in weight between participants; ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.046; Physician's attendance at match; examinations; cancellation of match.
(1) The commission, or the commission representative, shall assign to each match at least one physician who shall observe the physical condition of the participants ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.047; Duty of licensee to disclose condition of participant.
A licensee shall disclose all information in her or his possession concerning any mental or physical disability, injury, illness, or incapacity of a participant in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.049; Medical, surgical, and hospital insurance; life insurance.
(1) The commission shall, by rule, require participants to be covered by not less than $20,000 of insurance for medical, surgical, and hospital care ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.05; Control of contracts.
(1) The commission shall adopt rules governing the form and content of contracts executed in this state between managers and participants. All such contracts shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.052; Payment of advances by promoter or foreign copromoter regulated.
A promoter or foreign copromoter may not pay, lend, or give a participant an advance against her or his purse before a contest, except with ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.053; Distribution of purses to participants; statements.
(1) Unless otherwise directed by a representative of the commission, all purses shall be distributed by the promoter no later than 24 hours after the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.054; Withholding of purses; hearing; disposition of withheld purse forfeiture.
(1) A member of the commission, the commission representative, or the referee may order a promoter to surrender to the commission any purse or other ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.056; Prohibited financial interests in participant; penalties.
(1) A member of the commission; an employee of the commission; a referee or judge licensed by the commission; or an attending physician may not ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.057; Attendance of referee and judges at match; scoring; seconds.
(1) At each boxing match involving a participant, except at an exhibition held solely for training purposes, at the expense of the promoter, a referee ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.058; Sham or collusive contest prohibited.
(1) No person shall knowingly conduct, participate in, or be connected with a match which is represented to be a contest if one or both ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.06; Payments to state; exemptions.
(1) A promoter holding a match shall, within 72 hours after the match, file with the commission a written report which includes the number of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.061; Closed circuit television.
Each person or club that holds or shows any matches on a closed circuit telecast viewed within this state, whether originating within this state or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.064; Destruction of ticket or ticket stub.
It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any promoter or person associated ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.066; Ticket refunds.
(1) Upon the postponement, substitution of either participant, or cancellation of the main event or the entire program of matches, the promoter shall refund the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.069; Age of spectators.
A person under 16 years of age may not attend a match unless such person is accompanied by an adult or unless the exhibition is ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.07; Suspension of license or permit by commissioner; hearing.
Notwithstanding any provision of chapter 120, any member of the commission may, upon her or his own motion or upon the verified written complaint of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.071; Suspension or revocation of license or permit by commission.
The commission may suspend or revoke a license or permit if the commission finds that the licensee or permittee: (1) Is guilty of violating this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.073; Commission hearings.
Notwithstanding the provisions of chapter 120, any member of the commission may conduct a hearing. Before any adjudication is rendered, a majority of the members ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.074; Power to administer oaths, take depositions, and issue subpoenas.
For the purpose of any investigation or proceeding conducted pursuant to this chapter, the department shall have the power to administer oaths, take depositions, make ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.075; Administrative fines; citations.
(1) The commission may impose a fine of not more than $5,000 for any violation of this chapter in lieu of or in addition ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.077; Florida State Boxing Commission; collection and disposition of moneys.
All fees, fines, forfeitures, and other moneys collected under the provisions of this chapter shall be paid by the commission to the Chief Financial Officer ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 548.079; Misdemeanors.
Unless otherwise specified, any person convicted of any offense set forth in this chapter is guilty of a misdemeanor of the second degree, punishable as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 549.01; Holding automobile race meets; notice to sheriff.
Any persons intending to hold any automobile race meet in any public place within the state shall give notice thereof in writing to the sheriff ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 549.02; Duties of sheriffs.
Every sheriff who shall receive the notice provided for in s. 549.01, or who shall have other notice or knowledge of the proposed occurrence ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 549.03; Sheriff to exclude from course vehicles and persons.
Every sheriff and every deputy appointed by her or him shall exclude from the course over which any race shall be about to occur, and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 549.04; Association holding race to pay sheriff's fees.
Every sheriff and deputy sheriff participating in the policing of any racecourse, as provided in this chapter, shall receive the sum of $2 per day ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 549.05; Holding race meet without notice to sheriff; penalty.
Any person participating in any automobile race meet in any public place within this state, when the notice required to be given to the sheriff ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 549.06; Failure of person to remove from automobile racecourse; penalty.
Any person, except those officiating or participating in such race, and their assistants, who, upon being requested so to do by the sheriff or deputy ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 549.08; Motor vehicle racing event; permits to conduct on highway or street or in park within municipality.
(1) This section shall be known and may be cited as the "Municipal Motor Vehicle Racing Act of 1984." (2) "Motorsports teams" means drivers of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 549.09; Motorsport nonspectator liability release.
(1) As used in this section: (a) "Closed-course motorsport facility" means a closed-course speedway or racetrack designed and intended for motor vehicle competition, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 549.10; Motorsports entertainment complex; contracts.
(1) As used in this section, the term: (a) "Motorsports entertainment complex" means a closed-course motorsports facility and its ancillary grounds and facilities which: ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 549.102; Motorsports entertainment complex; overnight parking.
Notwithstanding any other law to the contrary, the owner of a motorsports entertainment complex may allow temporary overnight parking during a motorsports event and the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.001; Short title.
This chapter may be cited as the "Florida Pari-mutuel Wagering ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.002; Definitions.
As used in this chapter, the term: (1) "Breaks" means the portion of a pari-mutuel pool which is computed by rounding down to the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.0115; Permitholder license.
After a permit has been issued by the division, and after the permit has been approved by election, the division shall issue to the permitholder ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.01215; License application; periods of operation; bond, conversion of permit.
(1) Each permitholder shall annually, during the period between December 15 and January 4, file in writing with the division its application for a license ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.0235; Limitation of civil liability.
No permittee conducting a racing meet pursuant to the provisions of this chapter; no division director or employee of the division; and no steward, judge, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.0251; The powers and duties of the Division of Pari-mutuel Wagering of the Department of Business and Professional Regulation.
The division shall administer this chapter and regulate the pari-mutuel industry under this chapter and the rules adopted pursuant thereto, and: (1) The division ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.0351; Charity racing days.
(1) The division shall, upon the request of a permitholder, authorize each horseracing permitholder, dogracing permitholder, and jai alai permitholder up to five charity or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.0425; Minors attendance at pari-mutuel performances; restrictions.
(1) A minor, when accompanied by one or both parents or by her or his legal guardian, may attend pari-mutuel performances, under the conditions ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.054; Application for permit to conduct pari-mutuel wagering.
(1) Any person who possesses the qualifications prescribed in this chapter may apply to the division for a permit to conduct pari-mutuel operations under ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.0555; Greyhound dogracing permits; relocation within a county; conditions.
(1) It is the finding of the Legislature that pari-mutuel wagering on greyhound dogracing provides substantial revenues to the state. It is the further ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.0651; Elections for ratification of permits.
(1) The holder of any permit may have submitted to the electors of the county designated therein the question whether or not such permit will ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.0745; Conversion of pari-mutuel permit to summer jai alai permit.
(1) The owner or operator of a pari-mutuel permit who is authorized by the division to conduct pari-mutuel pools on exhibition sports in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.0951; Payment of daily license fee and taxes; penalties.
(1)(a) DAILY LICENSE FEE.--Each person engaged in the business of conducting race meetings or jai alai games under this chapter, hereinafter referred to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.09511; Jai alai taxes; abandoned interest in a permit for nonpayment of taxes.
(1)(a) Pari-mutuel wagering at jai alai frontons in this state is an important business enterprise, and taxes derived therefrom constitute a part of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.09512; Harness horse taxes; abandoned interest in a permit for nonpayment of taxes.
(1) Pari-mutuel wagering at harness horse racetracks in this state is an important business enterprise, and taxes derived therefrom constitute a part of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.09514; Greyhound dogracing taxes; purse requirements.
(1) Wagering on greyhound racing is subject to a tax on handle for live greyhound racing as specified in s. 550.0951(3). However, each ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.09515; Thoroughbred horse taxes; abandoned interest in a permit for nonpayment of taxes.
(1) Pari-mutuel wagering at thoroughbred horse racetracks in this state is an important business enterprise, and taxes derived therefrom constitute a part of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.105; Occupational licenses of racetrack employees; fees; denial, suspension, and revocation of license; penalties and fines.
(1) Each person connected with a racetrack or jai alai fronton, as specified in paragraph (2)(a), shall purchase from the division an annual occupational ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.1155; Authority of stewards, judges, panel of judges, or player's manager to impose penalties against occupational licensees; disposition of funds collected.
(1) The stewards at a horse racetrack; the judges at a dog track; or the judges, a panel of judges, or a player's manager ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.125; Uniform reporting system; bond requirement.
(1) The Legislature finds that a uniform reporting system should be developed to provide acceptable uniform financial data and statistics. (2)(a) Each permitholder that ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.135; Division of moneys derived under this law.
All moneys that are deposited with the Chief Financial Officer to the credit of the Pari-mutuel Wagering Trust Fund shall be distributed as follows: (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.155; Pari-mutuel pool within track enclosure; takeouts; breaks; penalty for purchasing part of a pari-mutuel pool for or through another in specified circumstances.
(1) Wagering on the results of a horserace, dograce, or on the scores or points of a jai alai game and the sale of tickets ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.1625; Dogracing; taxes.
(1) The operation of a dog track and legalized pari-mutuel betting at dog tracks in this state is a privilege and is an operation ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.1645; Escheat to state of abandoned interest in or contribution to pari-mutuel pools.
(1) It is the public policy of the state, while protecting the interest of the owners, to possess all unclaimed and abandoned interest in or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.1646; Credit for unclaimed property remitted to state.
All money or other property represented by any unclaimed, uncashed, or abandoned pari-mutuel ticket that has remained in the custody of or under the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.1647; Greyhound permitholders; unclaimed tickets; breaks.
All money or other property represented by any unclaimed, uncashed, or abandoned pari-mutuel ticket which has remained in the custody of or under the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.1648; Greyhound adoptions.
(1) Each dogracing permitholder operating a dogracing facility in this state shall provide for a greyhound adoption booth to be located at the facility. The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.175; Petition for election to revoke permit.
Upon petition of 20 percent of the qualified electors of any county wherein any racing has been licensed and conducted under this chapter, the county ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.1815; Certain persons prohibited from holding racing or jai alai permits; suspension and revocation.
(1) A corporation, general or limited partnership, sole proprietorship, business trust, joint venture, or unincorporated association, or other business entity may not hold any horseracing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.235; Conniving to prearrange result of race or jai alai game; using medication or drugs on horse or dog; penalty.
(1) Any person who influences, or has any understanding or connivance with, any owner, jockey, groom, or other person associated with or interested in any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.24055; Use of controlled substances or alcohol prohibited; testing of certain occupational licensees; penalty; evidence of test or action taken and admissibility for criminal prosecution limited.
(1) The use of a controlled substance as defined in chapter 893 or of alcohol by any occupational licensees officiating at or participating in a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.2415; Racing of animals under certain conditions prohibited; penalties; exceptions.
(1)(a) The racing of an animal with any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent is prohibited. It is ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.255; Penalty for conducting unauthorized race meeting.
Every race meeting at which racing is conducted for any stake, purse, prize, or premium, except as allowed by this chapter, is prohibited and declared ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.2614; Distribution of certain funds to a horsemen's association.
(1) Each licensee that holds a permit for thoroughbred horse racing in this state shall deduct from the purses required by s. 550.2625, an ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.26165; Breeders' awards.
(1) The purpose of this section is to encourage the agricultural activity of breeding and training racehorses in this state. Moneys dedicated in this chapter ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.2625; Horseracing; minimum purse requirement, Florida breeders' and owners' awards.
(1) The purse structure and the availability of breeder awards are important factors in attracting the entry of well-bred horses in racing meets in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.2633; Horseracing; distribution of abandoned interest in or contributions to pari-mutuel pools.
(1) All moneys or other property represented by any unclaimed, uncashed, or abandoned pari-mutuel ticket which has remained in the custody of or under ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.26352; Breeders' Cup Meet; pools authorized; conflicts; taxes; credits; transmission of races; rules; application.
(1) Notwithstanding any provision of this chapter to the contrary, there is hereby created a special thoroughbred race meet which shall be designated as the "...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.2704; Jai Alai Tournament of Champions Meet.
(1) Notwithstanding any provision of this chapter, there is hereby created a special jai alai meet which shall be designated as the "Jai Alai Tournament ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.285; Obtaining feed or other supplies for racehorses or greyhound racing dogs with intent to defraud.
(1) Any owner, trainer, or custodian of any horse or dog that is being used, or is being bred, raised, or trained to be used ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.334; Quarter horse racing; substitutions.
(1) Subject to all the applicable provisions of this chapter, any person who possesses the qualifications prescribed in this chapter may apply to the division ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.3355; Harness track licenses for summer quarter horse racing.
Any harness track licensed to operate under the provisions of s. 550.375 may make application for, and shall be issued by the division, a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.3551; Transmission of racing and jai alai information; commingling of pari-mutuel pools.
(1)(a) It is unlawful for any person to transmit, by any means, racing information to any person or to relay the same to any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.3605; Use of electronic transmitting equipment; permit by division required.
Any person who has in her or his possession or control on the premises of any licensed horse or dog racetrack or jai alai fronton ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.3615; Bookmaking on the grounds of a permitholder; penalties; reinstatement; duties of track employees; penalty; exceptions.
(1) Any person who engages in bookmaking, as defined in s. 849.25, on the grounds or property of a permitholder of a horse or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.375; Operation of certain harness tracks.
(1) The Legislature finds that the operation of harness tracks and legalized pari-mutuel and mutuel betting at harness tracks in this state will become ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.475; Lease of pari-mutuel facilities by pari-mutuel permitholders.
Holders of valid pari-mutuel permits for the conduct of any jai alai games, dogracing, or thoroughbred and standardbred horse racing in this state are ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.495; Totalisator licensing.
(1) A totalisator may not be operated at a pari-mutuel facility in this state, or at a facility located in or out of this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.505; Nonwagering permits.
(1)(a) Except as provided in this section, permits and licenses issued by the division are intended to be used for pari-mutuel wagering operations ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.5251; Florida thoroughbred racing; certain permits; operating days.
(1) Each thoroughbred permitholder under whose permit thoroughbred racing was conducted in this state at any time between January 1, 1987, and January 1, 1988, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.615; Intertrack wagering.
(1) Any horserace permitholder licensed under this chapter which has conducted a full schedule of live racing may, at any time, receive broadcasts of horseraces ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.625; Intertrack wagering; purses; breeders' awards.
If a host track is a horse track: (1) A host track racing under either a thoroughbred or quarter horse permit shall pay an amount ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.6305; Intertrack wagering; guest track payments; accounting rules.
(1) All guest tracks which are eligible to receive broadcasts and accept wagers on horseraces from a host track racing under either a thoroughbred or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.6308; Limited intertrack wagering license.
In recognition of the economic importance of the thoroughbred breeding industry to this state, its positive impact on tourism, and of the importance of a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.6315; Applicability of s. 565.02(5) to guest tracks.
The provisions of s. 565.02(5) apply to any guest ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.6325; Uncashed tickets and breakage tax.
Uncashed tickets and breakage tax on intertrack wagers shall be retained by the permitholder conducting the live racing or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.6335; Surcharge.
(1) Any guest track that accepts intertrack wagers may collect and retain a surcharge on any intertrack pool in an amount not to exceed 3 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.6345; Intertrack wagering; purses when host track is harness racetrack.
A harness race permitholder host track may pay any guest track that receives broadcasts and accepts wagers on races from the host track an additional ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.70; Jai alai general provisions; chief court judges required; extension of time to construct fronton; amateur jai alai contests permitted under certain conditions; playing days' limitations; locking of pari-mutuel machines.
(1) A chief court judge must be present for each jai alai game at which pari-mutuel wagering is authorized. Chief court judges must be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.71; Operation of ch. 96-364.
If the provisions of any section of this act are held to be invalid or inoperative for any reason, the remaining provisions of this act ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.901; Interstate Compact on Licensure of Participants in Pari-mutuel Wagering.
There is created the Interstate Compact on Licensure of Participants in Pari-mutuel ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.902; Purposes.
The purposes of this compact are to: (1) Establish uniform requirements among the party states for the licensing of participants with pari-mutuel wagering, and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.903; Definitions; Interstate Compact on Licensure of Participants in Pari-mutuel Wagering.
As used in this compact, the term: (1) "Compact committee" means the organization of officials from the party states which is authorized and empowered to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.904; Entry into force.
This compact shall come into force when enacted by any four states. Thereafter, this compact shall become effective in any other state upon that state'...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.905; States eligible to join compact.
Any state that has adopted or authorized pari-mutuel wagering shall be eligible to become a party to this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.906; Withdrawal from compact; impact on force and effect.
(1) Any party state may withdraw from this compact by enacting a statute repealing this compact, but such a withdrawal becomes effective only when the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.907; Compact committee.
(1) There is created an interstate governmental entity to be known as the "compact committee," which shall be composed of one official from the racing ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.908; Powers and duties of compact committee.
In order to carry out the purposes of this compact, the compact committee has the power and duty to: (1)(a) Determine which categories of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.909; Voting requirements.
(1) Each member of the compact committee is entitled to one vote. (2) All action taken by the compact committee with regard to the addition ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.910; Administration and management.
(1) The compact committee shall elect annually from among its members a chairperson, a vice chairperson, and a secretary/treasurer. (2) The compact committee shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.911; Immunity from liability for performance of official responsibilities and duties.
A member or employee of the compact committee may not be held personally liable for any good faith act or omission that occurs during the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.912; Rights and responsibilities of each party state.
(1) By enacting this compact, each party state: (a) Agrees to: 1. Accept the decisions of the compact committee regarding the issuance of compact committee ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 550.913; Construction and severability.
(1) This compact shall be liberally construed so as to effectuate its purposes. The provisions of this compact shall be severable, and, if any phrase, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.101; Slot machine gaming authorized.
Any licensed pari-mutuel facility located in Miami-Dade County or Broward County existing at the time of adoption of s. 23, Art. X of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.102; Definitions.
As used in this chapter, the term: (1) "Distributor" means any person who sells, leases, or offers or otherwise provides, distributes, or services any slot ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.103; Powers and duties of the division and law enforcement.
(1) The division shall adopt, pursuant to the provisions of ss. 120.536(1) and 120.54, all rules necessary to implement, administer, and regulate ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.104; License to conduct slot machine gaming.
(1) Upon application and a finding by the division after investigation that the application is complete and the applicant is qualified and payment of the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.1045; Temporary licenses.
(1)(a) After 180 days following the effective date of this act, if the division has not adopted rules to implement the provisions of this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.105; Slot machine license renewal.
(1) Slot machine licenses shall be effective for 1 year after issuance and shall be renewed annually. The application for renewal must contain all revisions ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.106; License fee; tax rate; penalties.
(1) LICENSE FEE.-- (a) Upon submission of the initial application for a slot machine license and annually thereafter upon submission of an application for renewal ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.107; Slot machine occupational license; findings; application; fee.
(1) The Legislature finds that individuals and entities that are licensed under this section require heightened state scrutiny, including the submission by the individual licensees ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.108; Prohibited relationships.
(1) A person employed by or performing any function on behalf of the division may not: (a) Be an officer, director, owner, or employee of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.109; Prohibited acts; penalties.
(1) Except as otherwise provided by law and in addition to any other penalty, any person who knowingly makes or causes to be made, or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.111; Legal devices.
Notwithstanding any provision of law to the contrary, a slot machine manufactured, sold, distributed, possessed, or operated according to the provisions of this chapter is ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.112; Exclusions of certain persons.
In addition to the power to exclude certain persons from any facility of a slot machine licensee in this state, the division may exclude any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.113; Persons prohibited from playing slot machines.
(1) A person who has not attained 21 years of age may not play or operate a slot machine or have access to the designated ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.114; Slot machine gaming areas.
(1) A slot machine licensee may make available for play up to 1,500 slot machines within the property of the facilities of the slot ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.116; Days and hours of operation.
Slot machine gaming areas may be open daily throughout the year. The slot machine gaming areas may be open for a maximum of 16 hours ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.117; Penalties.
The division may revoke or suspend any slot machine license issued under this chapter upon the willful violation by the slot machine licensee of any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.118; Compulsive or addictive gambling prevention program.
(1) The slot machine licensee shall offer training to employees on responsible gaming and shall work with a compulsive or addictive gambling prevention program to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.119; Caterer's license.
A slot machine licensee is entitled to a caterer's license pursuant to s. 565.02 on days on which the pari-mutuel facility is ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.121; Prohibited activities and devices.
(1) Complimentary or reduced-cost alcoholic beverages may not be served to persons playing a slot machine. Alcoholic beverages served to persons playing a slot ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.122; Rulemaking.
The division may adopt rules pursuant to ss. 120.536(1) and 120.54 to administer the provisions of this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 551.123; Legislative authority; administration of chapter.
The Legislature finds and declares that it has exclusive authority over the conduct of all wagering occurring at a slot machine facility in this state. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.081; Definitions.
As used in this chapter: (1) "Explosive materials" means explosives, blasting agents, or detonators. (2) "Explosives" means any chemical compound, mixture, or device, the primary ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.091; License or permit required of manufacturer-distributor, dealer, user, or blaster of explosives.
(1) It shall be unlawful for any person to engage in the business of a manufacturer-distributor or to acquire, sell, possess, store, or engage ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.092; Forms for applications for licenses and permits.
(1) The forms for applications for explosives licenses and permits shall be prescribed by the division. (2) Each application for a license required under this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.093; Competency examinations required.
(1) No license or permit shall be issued by the division until the applicant for such license or permit has satisfactorily passed an examination proving ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.094; Issuance of licenses, permits; prohibitions.
(1) Each license issued by the division shall set forth, as a minimum, the full name, date of birth, and physical description of the licensee; ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.101; Possession without license prohibited; exceptions.
It is unlawful for any person to possess an explosive unless he or she is the holder of a current, valid license or permit, as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.111; Maintenance of records and sales of explosives by manufacturer-distributors and dealers; inspections.
(1) It is unlawful for any licensed manufacturer-distributor to sell or distribute explosives to any person except a person presenting a current, valid dealer'...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.112; Maintenance of records by users; inspection.
(1) It is unlawful for any user of explosives to purchase, store, or use explosives without maintaining an accurate and current written inventory of all ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.113; Reports of thefts, illegal use, or illegal possession.
(1) Any sheriff, police department, or peace officer of this state shall give immediate notice to the division of any theft, illegal use, or illegal ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.114; Sale, labeling, and disposition of explosives; unlawful possession.
No person shall sell, accept, or deliver any explosives unless each carton and each individual piece of such explosive is plainly labeled, stamped, or marked ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.12; Transportation of explosives without license prohibited; exceptions.
No person shall transport any explosive into this state or within the boundaries of this state over the highways, on navigable waters or by air, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.13; Promulgation of regulations by the Division of State Fire Marshal.
The division shall make, promulgate, and enforce regulations setting forth minimum general standards covering manufacture; transportation other than on a public street, road, or highway (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.151; Procedure for cease and desist orders; administrative fine.
(1) Whenever the division shall have reason to believe that any person is or has been violating the provisions of this chapter or any rules ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.161; Administrative fines.
(1) If any person violates any provision of this chapter or any rule or regulation adopted pursuant thereto, or violates a cease and desist order, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.171; Suspension or revocation of license or permit.
(1) The violation, by any person possessed of a license or permit as provided in s. 552.091, of any provision of this chapter or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.181; Conduct of hearings.
All hearings shall be conducted in accordance with the provisions of chapter ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.20; Review of order of the division.
All review of orders of the division shall be in accordance with the provisions of chapter ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.21; Confiscation and disposal of explosives.
(1) Whenever the division shall have reason to believe that any person is or has been violating the provisions of this chapter or any rules ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.211; Explosives; general.
(1) All explosive materials shall be stored in magazines which are in conformity with the rules or regulations of the division, except when they are ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.212; Inspection of buildings, vehicles, vessels, aircraft, equipment, or premises.
The division may, when it deems necessary, inspect, at any reasonable hour, any building, storage facility, vehicle, vessel, aircraft, equipment, or premises where explosive materials ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.22; Penalties.
(1) Any person who manufactures, purchases, transports, keeps, stores, possesses, distributes, sells, or uses any explosive with the intent to harm life, limb, or property ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.23; Injunction.
In addition to the penalties and other enforcement provisions of this chapter, in the event any person engaged in any of the activities covered by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.24; Exceptions.
Nothing contained in this chapter shall apply to the regular military or naval forces of the United States; or to the duly organized military force ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.241; Limited exemptions.
The licensing, permitting, and storage requirements of this chapter shall not apply to: (1) Dealers who purchase, sell, possess, or transport: (a) Smokeless propellant or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.25; Municipal and county ordinances, rules, and regulations.
Nothing contained in this chapter shall affect any existing ordinance, rule or regulation pertaining to explosives of any incorporated city, town, county, or other local ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.26; Administration of chapter; personnel; fees to be deposited in Insurance Regulatory Trust Fund.
(1) The division is authorized to employ such persons as it may deem qualified and necessary, and incur such other expenses as may be required, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.27; Construction of chapter.
The provisions of this chapter are cumulative and shall not be construed as repealing or affecting any powers, duties, or authority of the division under ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.30; Construction materials mining activities.
(1) Notwithstanding the provisions of s. 552.25, the State Fire Marshal shall have the sole and exclusive authority to promulgate standards, limits, and regulations ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.32; Short title.
Sections 552.32-552.44 may be cited as the "Florida Construction Materials Mining Activities Administrative Recovery ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.34; Legislative findings; public purpose.
The Legislature finds and declares that: (1) Construction materials mining activities require the use of explosives to fracture the material prior to excavation. (2) The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.36; Exclusive jurisdiction; Division of Administrative Hearings.
(1) The Division of Administrative Hearings has exclusive jurisdiction over all claims for damages to real or personal property caused by the use of explosives ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.38; Security requirement.
(1) As a prerequisite to obtaining or renewing a valid user license as required by s. 552.091(5)(a), or obtaining or renewing a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.40; Administrative remedy for alleged damage due to the use of explosives in connection with construction materials mining activities.
(1) A person may initiate an administrative proceeding to recover damages resulting from the use of explosives in connection with construction materials mining activities by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.42; Appeal.
The petitioner or the respondent may appeal the final order of the administrative law judge to the district court of appeal with jurisdiction over the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 552.44; Prior claims.
This act does not affect any claim filed in any tribunal before the effective date of this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.35; Short title.
This part shall be known and may be cited as the "Florida Manufactured Building Act of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.355; Minimum construction requirements established.
The Florida Building Code and the Florida Fire Prevention and Lifesafety Codes shall be the minimum construction requirements governing the manufacture, design, construction, erection, alteration, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.36; Definitions.
The definitions contained in this section govern the construction of this part unless the context otherwise requires. (1) "Approved" means conforming to the requirements of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.37; Rules; inspections; and insignia.
(1) The Florida Building Commission shall adopt within the Florida Building Code requirements for construction or modification of manufactured buildings and building modules, to address: (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.375; Recertification of manufactured buildings.
Prior to the relocation, modification, or change of occupancy of a manufactured building within the state, the manufacturer, dealer, or owner thereof may apply to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.38; Application and scope.
The department shall enforce every provision of the Florida Building Code adopted pursuant hereto, except that local land use and zoning requirements, fire zones, building ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.381; Manufacturer certification.
(1) Before manufacturing buildings to be located within this state or selling manufactured buildings within this state, whichever occurs later, a manufacturer must be certified ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.39; Injunctive relief.
The department may seek injunctive or other relief from the circuit court of appropriate jurisdiction to compel compliance with the requirements of this part or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.41; Penalties.
Any person who violates any of the provisions of this part is guilty of a misdemeanor of the second degree, punishable as provided in s. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.415; Factory-built school buildings.
(1) It is the purpose of this section to provide an alternative procedure for the construction and installation of factory-built school buildings designed or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.42; Legislative intent.
Nothing herein shall act to nullify or supersede the provisions of chapter 527 relating to sale, use, or storage of liquefied petroleum gas, except that ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.501; Short title.
Sections 553.501-553.513 may be cited as the "Florida Americans With Disabilities Accessibility Implementation ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.502; Intent.
The purpose and intent of ss. 553.501-553.513 is to incorporate into the law of this state the accessibility requirements of the Americans ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.503; Adoption of guidelines.
Subject to the exceptions in s. 553.504, the federal Americans with Disabilities Act Accessibility Guidelines, as adopted by reference in 28 C.F.R., ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.504; Exceptions to applicability of the guidelines.
Notwithstanding the adoption of the Americans with Disabilities Act Accessibility Guidelines in s. 553.503, all buildings, structures, and facilities in this state shall meet ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.5041; Parking spaces for persons who have disabilities.
(1) This section is not intended to expand or diminish the defenses available to a place of public accommodation under the Americans with Disabilities Act ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.505; Exceptions to applicability of the Americans with Disabilities Act.
Notwithstanding the Americans with Disabilities Act of 1990, private clubs are governed by ss. 553.501-553.513. Parking spaces, parking lots, and other parking ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.506; Powers of the commission.
In addition to any other authority vested in the Florida Building Commission by law, the commission, in implementing ss. 553.501-553.513, may, by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.507; Exemptions.
Sections 553.501-553.513 do not apply to any of the following: (1) Buildings, structures, or facilities that were either under construction or under ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.508; Architectural barrier removal.
Removal of architectural barriers, pursuant to 28 C.F.R. s. 36.304, from buildings, structures, or facilities to which this act applies shall comply ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.509; Vertical accessibility.
(1) Nothing in ss. 553.501-553.513 or the guidelines shall be construed to relieve the owner of any building, structure, or facility governed ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.511; Parking facilities; minimum height clearance requirement.
Every nonresidential structure built on or after January 1, 1991, which is designed to use covered or underground parking as the primary available parking space ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.512; Modifications and waivers; advisory council.
(1) The Florida Building Commission shall provide by regulation criteria for granting individual modifications of, or exceptions from, the literal requirements of this part upon ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.513; Enforcement.
It shall be the responsibility of each local government and each code enforcement agency established pursuant to s. 553.80 to enforce the provisions of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.60; Short title.
This act may be cited as the "Trench Safety ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.61; Intent.
The purpose and intent of this act is to provide for increased worker safety by requiring compliance with sufficient standards for trench ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.62; State standard.
The Occupational Safety and Health Administration's excavation safety standards, 29 C.F.R. s. 1926.650 Subpart P, are hereby incorporated as the state ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.63; Trench excavations in excess of 5 feet deep; required information.
On all specific contracts for trench excavation in which such excavation will exceed a depth of 5 feet: (1) The contract bid submitted by the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.64; Certain requirements for contract bids.
The separate item identifying the cost of compliance with trench safety standards shall be based on the linear feet of trench to be excavated. The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.70; Short title.
This part shall be known and may be cited as the "Florida Building Codes ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.71; Definitions.
As used in this part, the term: (1) "Commission" means the Florida Building Commission created by this part. (2) "Department" means the Department of Community ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.72; Intent.
(1) The purpose and intent of this act is to provide a mechanism for the uniform adoption, updating, amendment, interpretation, and enforcement of a single, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.721; Surcharge.
In order for the Department of Community Affairs to administer and carry out the purposes of this part and related activities, there is hereby created ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.73; Florida Building Code.
(1)(a) The commission shall adopt, by rule pursuant to ss. 120.536(1) and 120.54, the Florida Building Code which shall contain or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.74; Florida Building Commission.
(1) The Florida Building Commission is created and shall be located within the Department of Community Affairs for administrative purposes. Members shall be appointed by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.75; Organization of commission; rules and regulations; meetings; staff; fiscal affairs.
(1) The commission shall meet on call of the secretary. The commission shall annually elect from its appointive members such officers as it may choose. (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.76; General powers of the commission.
The commission is authorized to: (1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part. (2) ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.77; Specific powers of the commission.
(1) The commission shall: (a) Adopt and update the Florida Building Code or amendments thereto, pursuant to ss. 120.536(1) and 120.54. (b) ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.775; Interpretations.
(1) It is the intent of the Legislature that the Florida Building Code be interpreted by building officials, local enforcement agencies, and the commission in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.781; Licensee accountability.
(1) The Legislature finds that accountability for work performed by design professionals and contractors is the key to strong and consistent compliance with the Florida ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.79; Permits; applications; issuance; inspections.
(1) After the effective date of the Florida Building Code adopted as herein provided, it shall be unlawful for any person, firm, corporation, or governmental ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.791; Alternative plans review and inspection.
(1) As used in this section, the term: (a) "Applicable codes" means the Florida Building Code and any local technical amendments to the Florida Building ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.792; Building permit application to local government.
(1) Within 10 days of an applicant submitting an application to the local government, the local government shall advise the applicant what information, if any, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.80; Enforcement.
(1) Except as provided in paragraphs (a)-(f), each local government and each legally constituted enforcement district with statutory authority shall regulate building construction and, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.83; Injunctive relief.
Any local government, legally constituted enforcement district, or state agency authorized to enforce sections of the Florida Building Code under s. 553.80 may seek ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.84; Statutory civil action.
Notwithstanding any other remedies available, any person or party, in an individual capacity or on behalf of a class of persons or parties, damaged as ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.841; Building code education and outreach program.
(1) The Legislature finds that the effectiveness of the building codes of this state depends on the performance of all participants, as demonstrated through knowledge ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.842; Product evaluation and approval.
(1) The commission shall adopt rules under ss. 120.536(1) and 120.54 to develop and implement a product evaluation and approval system that ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.8425; Local product approval.
(1) For local product approval, products or systems of construction shall demonstrate compliance with the structural windload requirements of the Florida Building Code through one ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.85; Liquefied petroleum gases.
The provisions of the Florida Building Code for the design, construction, location, installation, services, and operation of equipment for storing, handling, transporting, and utilization of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.86; Public restrooms; ratio of facilities for men and women; application; incorporation into the Florida Building Code.
The Florida Building Commission shall incorporate into the Florida Building Code, to be adopted by rule pursuant to s. 553.73(1), a ratio of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.88; Adoption of electrical and alarm standards.
For the purpose of establishing minimum electrical and alarm standards in this state, the current edition of the following standards are adopted: (1) "National Electrical ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.895; Firesafety.
(1) Any transient public lodging establishment, as defined in chapter 509 and used primarily for transient occupancy as defined in s. 83.43(10), or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.896; Mitigation grant program guideline.
(1) The Legislature finds that facilities owned by the government and those designated to protect the public should be the first to adopt the best ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.897; Rulemaking authority; effective date.
Notwithstanding the effective date of any section of chapter 2000-141, Laws of Florida, or chapter 98-287, Laws of Florida, any authority to adopt ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.898; Preemption; certain special acts concerning general purpose local government repealed.
Chapter 2000-141, Laws of Florida, does not imply any repeal or sunset of existing general or special laws governing any special district that are ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.900; Short title.
This part shall be known and may be cited as the "Florida Thermal Efficiency ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.901; Purpose of thermal efficiency code.
The Department of Community Affairs shall prepare a thermal efficiency code to provide for a statewide uniform standard for energy efficiency in the thermal design ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.902; Definitions.
For the purposes of this part: (1) "Exempted building" means: (a) Any building or portion thereof whose peak design rate of energy usage for all ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.903; Applicability.
This part shall apply to all new and renovated buildings in the state, except exempted buildings, for which building permits are obtained after March 15, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.904; Thermal efficiency standards for new nonresidential buildings.
Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15, 1979, shall at a minimum take into account ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.905; Thermal efficiency standards for new residential buildings.
Thermal designs and operations for new residential buildings for which building permits are obtained after March 15, 1979, shall at a minimum take into account ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.906; Thermal efficiency standards for renovated buildings.
Thermal designs and operations for renovated buildings for which building permits are obtained after March 15, 1979, shall take into account insulation; windows; infiltration; HVAC, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.907; Compliance.
Each local enforcement agency shall report to the department any information concerning compliance certifications and amendments at such intervals as the department designates by rule ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.908; Inspection.
Before construction or renovation is completed, the local enforcement agency shall inspect buildings for compliance with the standards of this ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.9085; Energy performance disclosure for residential buildings.
The energy performance level resulting from compliance with the provisions of this part, for each new residential building, shall be disclosed at the request of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.909; Setting requirements for appliances; exceptions.
(1) The Florida Energy Efficiency Code for Building Construction shall set the minimum requirements for heat traps and thermostat settings for water heaters sold for ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.912; Air conditioners.
All air conditioners which are sold or installed in the state shall meet the minimum efficiency ratings of the Florida Energy Efficiency Code for Building ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.951; Short title.
This part may be cited as the "Florida Energy Conservation Standards ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.953; Purpose.
(1) The purpose of these energy conservation standards is to provide statewide minimum standards for energy efficiency in certain products, consistent with energy conservation goals. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.954; Adoption of standards.
The Department of Community Affairs shall adopt, modify, revise, update, and maintain the Florida Energy Conservation Standards to implement the provisions of this part and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.955; Definitions.
For purposes of this part: (1) "AV" means the adjusted volume for refrigerators, refrigerator-freezers, and freezers, as defined in the applicable test procedure. (2) "...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.957; Products covered by this part.
(1) The provisions of this part apply to the testing, certification, and enforcement of energy conservation standards for the following types of new products sold ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.959; Applicability.
(1) Subject to the effective dates provided by s. 553.963, no new product covered by this part may be sold, offered for sale, advertised ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.961; Test methods.
The manufacturer shall cause the testing of samples of each model of each product covered by this part. Test procedures identified in the code shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.963; Energy conservation standards.
(1) STANDARDS FOR REFRIGERATORS, REFRIGERATOR-FREEZERS, AND FREEZERS.-- (a) The following is the maximum energy use allowed in kilowatt hours per year for the following ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.968; Exemptions.
The department may grant an exemption from compliance with the standards of this part for any currently produced product model which the manufacturer shows, and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.969; Revisions of standards.
The department shall, no earlier than 2 years after adoption of new or revised standards and no later than 4 years after adoption of new ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.971; Certification statements.
(1) Manufacturers of products covered by this part shall certify to the department that such products are in compliance with the provisions of this part. (...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.973; Enforcement and penalties.
(1) The Department of Community Affairs shall investigate any complaints received concerning violations of this part and shall report the results of its investigation to ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.975; Report to the Governor and Legislature.
The Public Service Commission shall submit a biennial report to the Governor, the President of the Senate, and the Speaker of the House of Representatives, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.98; Development of building codes for radon-resistant buildings; funding; rules for radon-resistant passive construction standards; ordinances.
(1) The department shall be provided funds for activities incidental to the development and implementation of the building codes for radon-resistant buildings and for ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.990; Short title.
This part may be cited as the "Florida Building Energy-Efficiency Rating ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.991; Purpose.
The purpose of this part is to provide for a statewide uniform system for rating the energy efficiency of buildings. It is in the interest ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.992; Adoption of rating system.
The Department of Community Affairs shall adopt, update, and maintain a statewide uniform building energy-efficiency rating system to implement the provisions of this part ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.993; Definitions.
For purposes of this part: (1) "Acquisition" means to gain the sole or partial use of a building through a purchase agreement. (2) "Builder" means ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.994; Applicability.
The rating system shall apply to all public, commercial, and residential buildings in the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.995; Energy-efficiency ratings for buildings.
(1) The energy-efficiency rating system shall at a minimum: (a) Provide a uniform rating scale of the efficiency of buildings based on annual energy ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.996; Energy-efficiency information brochure.
A prospective purchaser of real property with a building for occupancy located thereon shall be provided with a copy of an information brochure, at the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.997; Public buildings.
(1) Each public building proposed for construction, renovation, or acquisition shall be rated pursuant to the energy-efficiency rating system provided in s. 553.995 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 553.998; Compliance.
All ratings shall be determined using tools and procedures adopted by the department by rule in accordance with chapter 120 and shall be certified by ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.1011; Short title; scope.
This act may be cited as the "Boiler Safety ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.1021; Definitions.
As used in ss. 554.1011-554.115: (1) "Boiler" means a closed vessel in which water or other liquid is heated, steam or vapor ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.103; Boiler code.
The department shall adopt by rule a State Boiler Code for the safe construction, installation, inspection, maintenance, and repair of boilers in this state. The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.104; Boilers of special design.
The department, at its discretion, may authorize the construction, installation, and operation of boilers of special design or construction that do not meet the specific ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.105; Chief inspector.
(1) The Chief Financial Officer shall appoint a chief inspector, who shall have not less than 5 years' experience in the construction, installation, inspection, operation, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.106; Deputy inspectors.
The department shall employ deputy inspectors who shall be responsible to the chief inspector and who shall each hold a certificate of competency from the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.107; Special inspectors.
(1) Upon application by any company licensed to insure boilers in this state, the chief inspector shall issue a certificate of competency as a special ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.108; Inspection.
(1) The only boilers required to be inspected under the provisions of ss. 554.1011-554.115 are boilers located in public assembly locations. (2) ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.109; Exemptions.
(1) Any insurance company insuring a boiler located in a public assembly location in this state shall inspect such boiler so insured, and any county, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.1101; Certificate of compliance.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.111; Fees.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.112; Examinations.
(1) The department shall prepare, not more than 180 days after October 1, 1987, a certification examination to determine the qualifications of persons to engage ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.113; Certification of inspectors; renewals.
(1) The chief inspector shall issue a certificate of competency, upon receipt of the certificate fee, to each person: (a) Who has passed the certification ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.114; Prohibitions; penalties.
(1) A person may not: (a) Operate a boiler at a public assembly location without a valid certificate of compliance for that boiler; (b) Give ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 554.115; Disciplinary proceedings.
(1) The department may suspend or revoke a certificate of compliance upon proof that: (a) The certificate has been obtained by fraud or misrepresentation; (b) ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 555.01; Purpose.
The purpose of this chapter is to promote and ensure safe ingress and egress to and from public roads of vehicular traffic by preventing the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 555.02; Definition and scope.
For the purpose of this chapter, an outdoor theater is a place of outdoor assembly used for the showing of plays, operas, motion pictures, and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 555.03; Entrances and exits.
All entrances and exits for outdoor theaters shall comply with the rules of the Department of Transportation for driveways from property abutting state highways and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 555.04; Vehicle storage.
Sufficient area shall be provided between the highway and the ramp area to provide storage space for vehicles equal to not less than 15 percent ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 555.05; Location of tower.
The screen shall be so oriented that the picture is not visible from any existing major road. This requirement does not apply to towers already ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 555.07; Lighting.
All entrance and exit driveways shall be adequately lighted and properly marked to avoid congestion and confusion and shall remain lighted throughout the performance and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 555.08; Qualifying certificate.
From and after October 1, 1977, it shall be unlawful for the tax collectors of the several counties of the state to issue state and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 556.101; Short title; legislative intent.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 556.102; Definitions.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 556.103; Creation of the corporation; establishment of the board of directors; authority of the board; annual report.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 556.104; Free-access notification system.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 556.105; Procedures.
(1)(a) Not less than 2 full business days before beginning any excavation or demolition, except an excavation beneath the waters of the state, an ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 556.106; Liability of the member operator, excavator, and system.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 556.107; Violations.
(1) NONCRIMINAL INFRACTIONS.-- (a) Violations of the following provisions are noncriminal infractions: 1. Section 556.105(1), relating to providing required information. 2. Section 556....
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 556.108; Exemptions.
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-...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 556.109; Emergency excavations or demolitions attempted; exception.
The provisions of this act do not apply to making an excavation or demolition during an emergency, provided the system or the member operator was ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 556.110; Costs assessed among member operators.
Member operators shall proportionately share in the cost of operating the system through monthly assessments made upon each member operator. However, any member that receives ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 556.111; Applicability to existing law.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 556.112; Design services.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 558.001; Legislative findings and declaration.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 558.002; Definitions.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 558.003; Action; compliance.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 558.004; Notice and opportunity to repair.
(1) In actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any action, or at least 120 days before ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 558.005; Contract provisions; application.
(1) Except as otherwise provided in subsections (3) and (4), the provisions of this chapter shall apply to every contract for the design, construction, or ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.01; Definitions.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.02; Fraud; false representation and lotteries prohibited.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.03; Declared face value; redemption.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.06; Penalties for violations.
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, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.10; Definition; "budget planning."
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.11; Budget planning prohibited.
No person, firm, corporation, or association, shall after June 17, 1959, engage in the business of budget planning as defined in s. 559.10; provided, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.12; Exceptions.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.13; Penalty.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.20; Definitions.
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, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.21; Regulation of sales.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.22; Duties of permittee.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.23; Fees.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.24; Enforcement.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.25; Exemptions.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.26; Violations.
(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. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.27; Tag required reflecting value of item offered for sale at auction.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.3901; Short title.
This act may be cited as the "Buying Services Act of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.3902; Definitions.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.3903; Contracts of membership; right of cancellation; how exercised; entitlement to refund; right not waivable.
(1) Any person who has elected to become a member of a club may cancel such membership by giving written notice of cancellation any time ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.3904; Contracts of membership; requirements; notice; effect of noncompliance.
(1) A copy of a member's contract, with all blank spaces filled in, shall be delivered to the member at the time the contract ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.3905; Required disclosures; prohibited acts.
(1) It shall be unlawful for any buying club to fail to disclose to a prospective member in writing, prior to the sale of any ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.3906; Violations of act.
A violation of this act shall be deemed an unfair or deceptive trade practice within the meaning of part II of chapter 501. Violators shall ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.541; Short title.
Sections 559.541-559.548 may be cited as the "Florida Commercial Collection Practices ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.542; Legislative intent.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.543; Definitions.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.544; Registration required; exemptions.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.545; Registration of commercial collection agencies; procedure.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.546; Bond; evidence of current and valid bond.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.547; Void registration.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.548; Penalties.
(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. ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.55; Definitions.
The following terms shall, unless the context otherwise indicates, have the following meanings for the purpose of this part: (1) "Debt" or "consumer debt" means ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.551; Short title.
Sections 559.55-559.785 may be cited as the "Florida Consumer Collection Practices ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.552; Relationship of state and federal law.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.553; Registration of consumer collection agencies required; exemptions.
(1) After January 1, 1994, no person shall engage in business in this state as a consumer collection agency or continue to do business in ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.555; Registration of consumer collection agencies; procedure.
Any person required to register as a consumer collection agency shall furnish to the office the registration fee and information as follows: (1) The registrant ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.563; Void registration.
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, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.565; Enforcement action against out-of-state consumer debt collector.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.715; Assignment of consumer debts.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.72; Prohibited practices generally.
In collecting consumer debts, no person shall: (1) Simulate in any manner a law enforcement officer or a representative of any governmental agency; (2) Use ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.725; Consumer complaints; administrative duties.
(1) The Division of Consumer Services of the Department of Financial Services shall serve as the registry for receiving and maintaining records of inquiries, correspondence, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.730; Administrative remedies.
(1) The office may revoke or suspend the registration of any registrant under this part who has engaged in repeated violations which establish a clear ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.77; Civil remedies.
(1) A debtor may bring a civil action against a person violating the provisions of s. 559.72 in a court of competent jurisdiction of ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.78; Judicial enforcement.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.785; Criminal penalty.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.79; Applications for license or renewal.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.791; False swearing on application; penalties.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.80; Short title.
Sections 559.80-559.815 may be cited as the "Sale of Business Opportunities ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.801; Definitions.
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, ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.802; Franchises; exemption.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.803; Disclosure statement.
At least 3 working days prior to the time the purchaser signs a business opportunity contract, or at least 3 working days prior to the ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.805; Filings with the department; disclosure of advertisement identification number.
(1) Every seller of a business opportunity shall annually file with the department a copy of the disclosure statement required by s. 559.803 prior ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.807; Bond or other security required.
(1) If the business opportunity seller makes any representations set forth in s. 559.801(1)(a)3., the seller must either have obtained a ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.809; Prohibited acts.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.811; Contracts to be in writing; form; provisions.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.813; Remedies; enforcement.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.815; Penalties.
Any person who fails to file with the department as required by s. 559.805 or who commits an act described in s. 559.809 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.901; Short title.
Sections 559.901-559.9221 shall be known and may be cited as the "Florida Motor Vehicle Repair ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.902; Scope and application.
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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.903; Definitions.
As used in this act: (1) "Customer" means the person who signs the written repair estimate or any other person whom the person who signs ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.904; Motor vehicle repair shop registration; application; exemption.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.905; Written motor vehicle repair estimate and disclosure statement required.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.907; Charges for motor vehicle repair estimate; requirement of waiver of rights prohibited.
(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 ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.909; Notification of charges in excess of repair estimate; unlawful charges; refusal to return vehicle prohibited; inspection of parts.
(1) In the event that: (a) The written repair estimate contains only an estimate for diagnostic work necessary to estimate the cost of repair and ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.911; Invoice required of motor vehicle repair shop.
The motor vehicle repair shop shall provide each customer, upon completion of any repair, with a legible copy of an invoice for such repair. The ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.915; Motor vehicle repair shop records.
(1) Each motor vehicle repair shop shall maintain repair records which shall include written repair estimates and repair invoices. A customer's records shall be ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.916; Required disclosure; signs; notice to customers.
(1) The department shall prescribe, by rule, the specifications for a sign to be posted by all registered motor vehicle repair shops in a manner ...
- Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 559.917; Bond to release possessory lien claimed by motor vehicle repair shop.
(1)(a) Any customer may obtain the release of her or his motor vehicle from any lien claimed under part II of chapter 713 by ...
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