559.926 – Short title.
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.
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 commercial structure designed for occupancy by one or more individuals; or any lodging establishment as provided by law. The term does not include long-term home rentals covered under a lease […]
559.928 – Registration.
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, addresses, and telephone numbers of its owners or corporate officers and directors and the Florida agent of the corporation; a statement whether it is a domestic or foreign corporation, […]
559.9281 – Student tour operators.
559.9281 Student tour operators.— (1) The Department of Agriculture and Consumer Services shall establish a process for sellers of travel to apply to be, and be listed as, approved student tour operators to serve students in all primary and secondary school districts within the state. (2) The department shall adopt rules to implement this section, including the establishment […]
559.9285 – Certification of business activities.
559.9285 Certification of business activities.— (1) Each certifying party, as defined in s. 559.927(2): (a) Which does not offer for sale, at wholesale or retail, prearranged travel or tourist-related services for individuals or groups directly to any terrorist state and which originate in Florida; (b) Which offers for sale, at wholesale or retail, only prearranged travel or tourist-related services […]
559.929 – Security requirements.
559.929 Security requirements.— (1) An application must be accompanied by a performance bond in an amount set by the department under paragraph (a), paragraph (b), or paragraph (c). The surety on such bond must be a surety company authorized to do business in the state. (a) Each seller of travel which certifies its business activities under s. 559.9285(1)(a) […]
559.9295 – Submission of vacation certificate documents.
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 changed, but prior to the sale of any vacation certificate, the following materials: (1) A copy of the contract by which the rights, obligations, benefits, and privileges […]
559.931 – Vacation certificate recordkeeping.
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 information: (1) A copy of each item required to be submitted to the department under s. 559.9295. (2) All records required by s. 607.1601, when applicable, whether a corporation or […]
559.932 – Vacation certificate disclosure.
559.932 Vacation certificate disclosure.— (1) A seller of travel must provide each person solicited with a contract that includes the following information, which shall be in 12-point type, unless otherwise specified: (a) A space for the date, name, address, and signature of the purchaser. (b) The expiration date of the vacation certificate and the terms and conditions of its […]
559.933 – Vacation certificate cancellation and refund provisions.
559.933 Vacation certificate cancellation and refund provisions.— (1) A seller of travel or an assignee must honor a purchaser’s request to cancel a vacation certificate if such request is made: (a) Within 30 days after the date of purchase or receipt of the vacation certificate, whichever occurs later; or (b) At any time accommodations or facilities are not available […]
559.9335 – Violations.
559.9335 Violations.—It is a violation of this part for any seller of travel, independent agent, assignee, or other person: (1) To conduct business as a seller of travel without registering annually with the department unless exempt pursuant to s. 559.935. (2) To conduct business as a seller of travel without an annual purchase of a performance bond in […]
559.934 – Deceptive and unfair trade practice.
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 purpose of s. 501.201 and administrative rules promulgated thereunder. History.—s. 1, ch. 93-107; s. 5, ch. 95-314. Note.—Former s. 559.927(11).
559.935 – Exemptions.
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 his employer; (b) Any direct common carrier of passengers or property regulated by an agency of the Federal Government or employees of such carrier when engaged solely in the transportation […]
559.9355 – Administrative remedies; penalties.
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 in violation of this part or the rules or orders issued thereunder: (a) Issuing a notice of noncompliance pursuant to s. 120.695. (b) Imposing an administrative fine in the […]
559.936 – Civil penalties; remedies.
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 injunctive relief to enforce compliance with this part. (2) The department may seek a civil penalty in the Class II category pursuant to s. 570.971 for each violation […]
559.937 – Criminal penalties.
559.937 Criminal penalties.—Any person or business that violates this part: (1) Commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Which violation directly or indirectly pertains to an offer to sell, at wholesale or retail, prearranged travel or tourist-related services for individuals or groups directly to any terrorist state and […]
559.938 – General Inspection Trust Fund; payments.
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. 88-363; s. 6, ch. 89-296; s. 4, ch. 91-429; s. 88, ch. 92-291; s. 1, ch. 93-107; s. 5, ch. 95-314. Note.—Former s. 559.927(16).
559.939 – State preemption.
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 regulatory measure, or to require the registration or bonding in any manner of any seller of travel who is registered or complies with all applicable provisions of this part, […]