Florida Statutes

Title XXXIII Regulation Of Trade, Commerce, Investments, And Solicitations

Chapter 559 Regulation Of Trade, Commerce, And Investments, Generally

Part I - Trading Stamps (ss. 559.01-559.06)

  • §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 or...
  • §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...
  • §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...
  • §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, and...

Part II - Budget Planning (ss. 559.10-559.13)

  • §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 association...
  • §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, the...
  • §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 Bar,...
  • §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...

Part III - Fire And Going-Out-Of-Business Sales And Auctions
(ss. 559.20-559.27)

  • §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, shall...
  • §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 the...
  • §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 the...
  • §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...
  • §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 stock...
  • §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 court...
  • §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. 775.083. (2)  A...
  • §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 item...

Part IV - Buying Services (ss. 559.3901-559.3906)

Part V - Commercial Collection Practices (ss. 559.541-559.548)

  • §559.541   Short title.
    Sections 559.541-559.548 may be cited as the "Florida Commercial Collection Practices Act." History.--ss. 1, 2, ch. 93-275. ...
  • §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...
  • §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 transaction...
  • §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 in...
  • §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...
  • §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 as...
  • §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 false...
  • §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. 775.084: (a)  Operating or...

Part VI - Consumer Collection Practices (ss. 559.55-559.785)

  • §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 any...
  • §559.551   Short title.
    Sections 559.55-559.785 may be cited as the "Florida Consumer Collection Practices Act." History.--ss. 5, 13, ch. 93-275. ...
  • §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...
  • §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 this...
  • §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 shall...
  • §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,...
  • §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 debt collector,...
  • §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...
  • §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 or threaten...
  • §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, and...
  • §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 pattern...
  • §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 the county...
  • §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...
  • §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 from registering...

Part VII - Licensing By Department Of
Business And Professional Regulation
(ss. 559.79, 559.791)

  • §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 security...
  • §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...

Part VIII - Sale Or Lease Of Business Opportunities
(ss. 559.80-559.815)

  • §559.80   Short title.
    Sections 559.80-559.815 may be cited as the "Sale of Business Opportunities Act." History.--s. 1, ch. 79-374. ...
  • §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, or services which are sold...
  • §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 Federal Trade...
  • §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...
  • §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 to placing...
  • §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 surety bond issued by a...
  • §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 fail to...
  • §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 the...
  • §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 the...
  • §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 is guilty...

Part IX - Repair Of Motor Vehicles (ss. 559.901-559.9221)

Part X - Rental-Purchase Agreements (ss. 559.9231-559.9241)

  • §559.9231   Short title.
    This act may be cited as the "Rental-Purchase Agreement Act." History.--s. 1, ch. 88-69. ...
  • §559.9232   Definitions; exclusion of rental-purchase agreements from certain regulations.
    (1)  As used in this act, the term: (a)  "Cash price" means the price at which the lessor, in the ordinary course of business, would offer to...
  • §559.9233   Rental-purchase agreements.
    (1)  A rental-purchase agreement must be in writing, must be signed by both the lessor and the lessee, and must be completed as to all essential...
  • §559.9234   Prohibited rental-purchase agreement provisions.
    A rental-purchase agreement may not: (1)  Require garnishment of the lessee's wages or grant the lessor a power of attorney for the lessee or require the...
  • §559.9235   Reinstatement.
    (1)  A lessee who fails to make timely rental payments has the right to reinstate the original rental-purchase agreement without losing any rights or options previously...
  • §559.9236   Receipts.
    (1)  If a lessee so requests, the lessor must give or forward to the lessee a receipt for any payment made in cash. The lessor must...
  • §559.9237   Rental renewal charges; attorney's fees; court costs.
    A rental-purchase agreement may provide for payment by the lessee of a charge for failure to make a timely rental renewal payment, which charge may...
  • §559.9238   Willful violations.
    Any person who willfully and intentionally violates any provision of this act is guilty of a misdemeanor of the second degree, punishable by fine only...
  • §559.9239   Damages.
    In case of a violation of a provision of this act with respect to a rental-purchase agreement, the lessee under the rental-purchase agreement may recover...
  • §559.9240   Waiver.
    Any waiver by the lessee of any provisions of this act or of any remedies granted to the lessee by this act is unenforceable and...
  • §559.9241   Statute of limitations.
    An action may not be brought under this act more than 5 years after the occurrence of the alleged violation. History.--s. 11, ch. 88-69. ...

Part XI - Sellers Of Travel (ss. 559.926-559.939)

  • §559.926   Short title.
    This part may be cited as the "Florida Sellers of Travel Act." History.--s. 4, ch. 95-314. ...
  • §559.927   Definitions.
    For the purposes of this part, the term: (1)  "Accommodations" means any hotel or motel room, condominium or cooperative unit, cabin, lodge, or apartment; any other...
  • §559.928   Registration.
    (1)  Each seller of travel shall annually register with the department, providing: its legal business or trade name, mailing address, and business locations; the full names,...
  • §559.929   Security requirements.
    (1)  An application must be accompanied by a performance bond in an amount set by the department not to exceed $25,000, or in the amount of...
  • §559.9295   Submission of vacation certificate documents.
    Sellers of travel who offer vacation certificates must submit and disclose to the department with the application for registration, and any time such document is...
  • §559.931   Vacation certificate recordkeeping.
    Sellers of travel who offer vacation certificates must keep and maintain among their business records, for a period of 3 years, the following documents and...
  • §559.932   Vacation certificate disclosure.
    (1)  It shall be unlawful for any seller of travel to fail to provide each person solicited with a contract which shall include the following: (a)  A...
  • §559.933   Vacation certificate cancellation and refund provisions.
    It shall be unlawful for any seller of travel or assignee: (1)  To fail or refuse to honor a purchaser's vacation certificate request to cancel if...
  • §559.9335   Violations.
    It is a violation of this part for any person: (1)  To conduct business as a seller of travel without registering annually with the department unless...
  • §559.934   Deceptive and unfair trade practice.
    Acts, conduct, practices, omissions, failings, misrepresentations, or nondisclosures which constitute a violation of this part also constitute a deceptive and unfair trade practice for the...
  • §559.935   Exemptions.
    (1)  This part does not apply to: (a)  A bona fide employee of a seller of travel who is engaged solely in the business of her or...
  • §559.9355   Administrative remedies; penalties.
    (1)  The department may enter an order doing one or more of the following if the department finds that a person has violated or is operating...
  • §559.936   Civil penalties; remedies.
    (1)  The department may institute a civil action in a court of competent jurisdiction to recover any penalties or damages allowed in this part and for...
  • §559.937   Criminal penalties.
    Any person or business which violates this part commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. History.--ss....
  • §559.938   General Inspection Trust Fund; payments.
    Any moneys recovered by the department as a penalty under this part shall be deposited in the General Inspection Trust Fund. History.--ss. 1, 2, ch....
  • §559.939   State preemption.
    No municipality or county or other political subdivision of this state shall have authority to levy or collect any registration fee or tax, as a...