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The Florida Senate

2012 Florida Statutes

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 559 REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY Entire Chapter
SECTION 9335
Violations.
F.S. 559.9335
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 exempt pursuant to s. 559.935.
(2) To conduct business as a seller of travel without an annual purchase of a performance bond in the amount set by the department unless exempt pursuant to s. 559.935.
(3) Knowingly to make any false statement, representation, or certification in any application, document, or record required to be submitted or retained under this part.
(4) Knowingly to sell or market any number of vacation certificates that exceed the number disclosed to the department pursuant to this section.
(5) Knowingly to sell or market vacation certificates with an expiration date of more than 18 months from the date of issuance.
(6) Knowingly to require, request, encourage, or suggest, directly or indirectly, that payment for the right to obtain a travel contract, certificate, or vacation package must be by credit card authorization or to otherwise announce a preference for that method of payment over any other when no correct and true explanation for such preference is likewise stated.
(7) Knowingly to state, represent, indicate, suggest, or imply, directly or indirectly, that the travel contract, certificate, or vacation package being offered by the seller of travel cannot be purchased at some later time or may not otherwise be available after the initial contact, or that callbacks by the prospective purchaser are not accepted, when no such restrictions or limitations in fact exist.
(8) To misrepresent in any manner the purchaser’s right to cancel and to receive an appropriate refund or reimbursement as provided by this part.
(9) To sell any vacation certificate the duration of which exceeds the duration of any agreement between the seller and any business entity obligated thereby to provide accommodations or facilities pursuant to the vacation certificate.
(10) To misrepresent or deceptively represent:
(a) The amount of time or period of time accommodations or facilities will be available.
(b) The location of accommodations or facilities offered.
(c) The price, size, nature, extent, qualities, or characteristics of accommodations or facilities offered.
(d) The nature or extent of other goods, services, or amenities offered.
(e) A purchaser’s rights, privileges, or benefits.
(f) The conditions under which the purchaser may obtain a reservation for the use of offered accommodations or facilities.
(g) That the recipient of an advertisement or promotional materials is a winner, or has been selected, or is otherwise being involved in a select group for receipt, of a gift, award, or prize, unless this fact is the truth.
(11) To fail to inform a purchaser of a nonrefundable cancellation policy prior to the seller of travel accepting any fee, commission, or other valuable consideration.
(12) To fail to include, when offering to sell a vacation certificate, in any advertisement or promotional material, the following statement: “This is an offer to sell travel.”
(13) To fail to honor and comply with all provisions of the vacation certificate regarding the purchaser’s rights, benefits, and privileges thereunder.
(14)(a) To include in any vacation certificate or contract any provision purporting to waive or limit any right or benefit provided to purchasers under this part; or
(b) To seek or solicit such waiver or acceptance of limitation from a purchaser concerning rights or benefits provided under this part.
(15) To offer vacation certificates for any accommodation or facility for which there is no contract with the owner of the accommodation or facility securing the purchaser’s right to occupancy and use, unless the seller is the owner.
(16) To use a local mailing address, registration facility, drop box, or answering service in the promotion, advertising, solicitation, or sale of vacation certificates, unless the seller’s fixed business address is clearly disclosed during any telephone solicitation and is prominently and conspicuously disclosed on all solicitation materials and on the contract.
(17) To use any registered trademark, trade name, or trade logo in any promotional, advertising, or solicitation materials without written authorization from the holder of such trademark, trade name, or trade logo.
(18) To represent, directly or by implication, any affiliation with, or endorsement by, any governmental, charitable, educational, medical, religious, fraternal, or civic organization or body, or any individual, in the promotion, advertisement, solicitation, or sale of vacation certificates without express written authorization.
(19) To sell a vacation certificate to any purchaser who is ineligible for its use.
(20) To sell any number of vacation certificates exceeding the number disclosed pursuant to this part.
(21) During the period of a vacation certificate’s validity, in the event, for any reason whatsoever, of lapse or breach of an agreement for the provision of accommodations or facilities to purchasers, to fail to procure similar agreement for the provision of comparable alternate accommodations or facilities in the same city or surrounding area.
(22) To offer to sell, at wholesale or retail, prearranged travel, tourist-related services, or tour-guide services for individuals or groups directly to any terrorist state and which originate in Florida, without disclosing such business activities in a certification filed under s. 559.9285(1)(b) or (c).
(23) To violate any state or federal law restricting or prohibiting commerce with terrorist states.
(24) To do any other act which constitutes fraud, misrepresentation, or failure to disclose a material fact.
(25) To refuse or fail, or for any of its principal officers to refuse or fail, after notice, to produce any document or record or disclose any information required to be produced or disclosed.
(26) Knowingly to make a material false statement in response to any request or investigation by the department, the Department of Legal Affairs, or the state attorney.
History.—ss. 1, 2, ch. 88-363; s. 6, ch. 89-296; s. 6, ch. 90-231; s. 4, ch. 91-429; s. 88, ch. 92-291; s. 1, ch. 93-107; s. 5, ch. 95-314; s. 35, ch. 97-250; s. 1, ch. 2006-105; s. 5, ch. 2008-214.
Note.—Former s. 559.927(10).