US Laws, Codes, Statutes & Cases

501.001  Florida Anti-Tampering Act.

501.011  Credit cards; unsolicited delivery or mailing prohibited.

501.0115  Service station credit cards and franchise agreements; certain restrictions on sales and purchasers prohibited.

501.0117  Credit cards; transactions in which seller or lessor prohibited from imposing surcharge; penalty.

501.0118  Restrictions on information printed on receipts for payment-card transactions; penalties.

501.012  Health studios; legislative findings.

501.0125  Health studios; definitions.

501.013  Health studios; exemptions.

501.014  Health studios; powers and duties of the department.

501.015  Health studios; registration requirements and fees.

501.016  Health studios; security requirements.

501.017  Health studios; contracts.

501.018  Health studios; change of ownership or location.

501.019  Health studios; penalties.

501.021  Home solicitation sale; definitions.

501.022  Home solicitation sale; permit required.

501.025  Home solicitation sale; buyer's right to cancel.

501.031  Home solicitation sale; written agreement.

501.035  Home solicitation sale; exclusions.

501.041  Home solicitation sale; restoration of down payment.

501.045  Home solicitation sale; duty of buyer.

501.046  Home solicitation sale; duty of businesses conducting home solicitation sales.

501.047  Home solicitation sale; prohibited practices.

501.052  Home solicitation sale; enforcement authority; injunctive relief.

501.053  Home solicitation sale; judicial review.

501.055  Home solicitation sale; penalties.

501.057  Commercial Weight-Loss Practices Act; short title.

501.0571  Commercial Weight-Loss Practices Act; definitions.

501.0573  Weight-loss provider requirements.

501.0575  Weight-Loss Consumer Bill of Rights.

501.0577  Commercial Weight-Loss Practices Act; exemptions.

501.0579  Commercial Weight-Loss Practices Act; unlawful practices.

501.0581  Commercial Weight-Loss Practices Act; civil remedies.

501.0583  Selling, delivering, bartering, furnishing, or giving weight-loss pills to persons under age 18; penalties; defense.

501.059  Telephone solicitation.

501.122  Control of nonionizing radiations; laser; penalties.

501.135  Consumer unit pricing.

501.137  Mortgage lenders; tax and insurance payments from escrow accounts; duties.

501.1375  Deposits received for purchase of residential dwelling units; placement in escrow; waiver; exceptions.

501.138  Advertising of previews or trailers; standards.

501.141  Delivery of crated goods; written statement of satisfaction; right to cancel.

501.142  Retail sales establishments; notice of refund policy; exceptions.

501.143  Dance Studio Act.

501.145  Bedding Label Act.

501.160  Rental or sale of essential commodities during a declared state of emergency; prohibition against unconscionable prices.

501.164  Civil penalties.

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 or other animals;

b.  Chewing gum; or

c.  Any article intended for use as a component of any article specified in sub-subparagraph a. or sub-subparagraph b.

2.  "Drug," which means:

a.  Any agent or product recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement thereof;

b.  Any agent or product intended for use in the diagnosis, cure, mitigation, treatment, therapy, or prevention of disease in humans or other animals;

c.  Any agent or product, other than food, intended to affect the structure or any function of the body of humans or other animals; or

d.  Any agent or product intended for use as a component of any agent or product specified in sub-subparagraph a., sub-subparagraph b., or sub-subparagraph c., but does not include devices or their components, parts, or accessories.

3.  "Device," which means any instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is:

a.  Recognized in the official National Formulary or the United States Pharmacopoeia, or any supplement thereof;

b.  Intended for use in the diagnosis, cure, mitigation, treatment, therapy, or prevention of disease in humans or other animals; or

c.  Intended to affect the structure or any function of the body of humans or other animals,

and which does not achieve any of its principal intended purposes through chemical action within or on the body of humans or other animals and is not dependent upon being metabolized for the achievement of any of its principal intended purposes.

4.  "Cosmetic," which means:

a.  Any substance or product intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, but does not include soap; or

b.  Any substance or product intended for use as a component of any substance or product specified in sub-subparagraph a.

(b)  "Labeling" means all labels and other written, printed, or graphic matter upon any article, agent, product, or substance, or any of its containers or wrappers, or accompanying such article, agent, product, or substance.

(c)  "Bodily injury" means:

1.  A cut, abrasion, bruise, burn, or disfigurement;

2.  Physical pain;

3.  Illness;

4.  Impairment of the function of a bodily member, organ, or mental faculty; or

5.  Any other injury to the body, no matter how temporary.

(2)  TAMPERING; PENALTIES.--

(a)  Whoever, with reckless disregard for the risk that another person will be placed in danger of death or bodily injury, tampers with, or conspires or attempts to tamper with, any consumer product or the labeling of, or container for, any such product is guilty of a felony of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b)  Whoever, with intent to cause serious injury to the business of any person, tampers with any consumer product or renders materially false or misleading the labeling of, or container for, a consumer product is guilty of a felony of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(c)1.  Whoever knowingly communicates false information that a consumer product has been tampered with, if such tampering, had it occurred, would create a risk of death or bodily injury to another person, is guilty of a felony of the second degree, punishable as provided in s. 775.082 or s. 775.083.

2.  "Communicates false information" means to communicate information that is false, and that the communicator knows is false, under circumstances in which the information may reasonably be expected to be believed.

(d)  Whoever knowingly threatens, under circumstances in which the threat may reasonably be expected to be believed, that he or she will commit or cause to be committed an act which would violate paragraph (a) is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(3)(a)  In addition to any other agency which has authority to investigate and prosecute violations of this section, the Department of Agriculture and Consumer Services, under chapter 500, shall initiate actions necessary to safeguard the public welfare by identifying and removing suspect foods from consumer channels and shall coordinate such actions with other interested agencies if food tampering is identified, alleged, or suspected.

(b)  In addition to any other agency which has authority to investigate and prosecute violations of this section, the Department of Health, under chapter 499, shall initiate actions necessary to safeguard the public welfare by identifying and removing suspect drugs, devices, or cosmetics from consumer channels if drug, device, or cosmetic tampering is identified, alleged, or suspected.

History.--s. 2, ch. 87-57; s. 609, ch. 97-103; s. 244, ch. 99-8.

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 of establishing the identity and credit of any person in connection with the purchase or rental on credit of goods or services or the obtaining of loans.

(2)  Except as provided in subsection (3), it shall be unlawful for any financial institution, retail merchant, or other person to mail or otherwise deliver any credit card in this state. Any violation of this subsection shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3)  This section shall not apply to any credit card when mailed or otherwise delivered:

(a)  In response to a request or application for a credit card; or

(b)  As a replacement for a credit card previously issued to the person to whom the credit card is shipped or mailed.

(4)  No credit card bearer shall be liable for the unauthorized use of any credit card issued on an unsolicited basis, after July 5, 1970.

History.--ss. 1, 2, ch. 70-352; s. 456, ch. 71-136.

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 to distribute credit cards, as defined in s. 501.011, intended to be used by credit card holders for the purchase of motor fuel, goods, or services from retail service stations, whether or not owned or operated by the producer or refiner or a subsidiary thereof, unless such credit card is valid for purchases of all motor fuel at each such retail service station. It shall be unlawful for any producer or refiner or a subsidiary thereof to include any restrictions on credit card sales in any franchise agreements with retail service stations which restrictions are not equally applicable to sales of all types of motor fuels sold at such retail service stations. Any person violating the provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. The Department of Legal Affairs or any state attorney is authorized to seek an injunction to prevent the distribution or continued use of credit cards in violation of this section during any litigation contesting the validity thereof. The penalties provided by this section are in addition to any civil remedies otherwise provided by law.

History.--s. 12, ch. 80-77.

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 a credit card in lieu of payment by cash, check, or similar means, if the seller or lessor accepts payment by credit card. A surcharge is any additional amount imposed at the time of a sale or lease transaction by the seller or lessor that increases the charge to the buyer or lessee for the privilege of using a credit card to make payment. Charges imposed pursuant to approved state or federal tariffs are not considered to be a surcharge, and charges made under such tariffs are exempt from this section. The term "credit card" includes those cards for which unpaid balances are payable on demand. This section does not apply to the offering of a discount for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card, if the discount is offered to all prospective customers.

(2)  A person who violates the provisions of subsection (1) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1, 2, ch. 87-43.

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 or for whose benefit the payment card is issued.

(b)  "Merchant" means a person who receives from a cardholder a payment card, or information from a payment card, as the instrument for obtaining, purchasing, or receiving goods, services, money, or anything else of value from the person.

(c)  "Payment card" means a credit card, charge card, debit card, or any other card that is issued to a cardholder and that allows the cardholder to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.

(2)  A merchant who accepts a payment card for the transaction of business may not print more than the last five digits of the payment card's account number or print the payment card's expiration date on a receipt provided to the cardholder. This subsection applies only to receipts described in subsection (3) and does not apply to a transaction in which the sole means of recording the payment card's account number or expiration date is by handwriting or by an imprint or copy of the payment card.

(3)(a)  Effective July 1, 2003, this section applies to receipts that are electronically printed using a cash register or other machine or device that is first used on or after July 1, 2003.

(b)  Effective July 1, 2005, this section applies to all receipts that are electronically printed, including those printed using a cash register or other machine or device that is first used before July 1, 2003.

(4)  A merchant who violates this section commits a noncriminal violation as defined in s. 775.08, punishable by a fine of $250 for the first violation and $1,000 for a second or subsequent violation in accordance with s. 775.083.

(5)  The office of the state attorney may bring an action to enforce this section for each violation that occurs in or affects the judicial circuit under the office's jurisdiction. The appropriate county court has jurisdiction.

History.--s. 1, ch. 2002-170.

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 financing methods which have worked undue financial hardship upon some of the citizens of our state and that existing legal remedies are inadequate to correct existing problems in the industry. The Legislature finds and declares that the health studio industry has a significant impact upon the economy and well-being of the people of the state and that the provisions of ss. 501.012-501.019 regulating health studio contracts are necessary for the public welfare.

History.--s. 1, ch. 77-432; ss. 1, 2, ch. 78-419; s. 1, ch. 80-49; s. 1, ch. 83-236; s. 1, ch. 85-4; s. 1, ch. 85-275; s. 62, ch. 87-225; s. 1, ch. 88-267; s. 1, ch. 90-312; s. 14, ch. 91-201; s. 4, ch. 91-429.

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 in the sale of services for instruction, training, or assistance in a program of physical exercise or in the sale of services for the right or privilege to use equipment or facilities in furtherance of a program of physical exercise.

(2)  "Health studio services" means privileges or rights offered for sale or provided by a health studio.

(3)  "Business location" means any place where health studio services are performed by a health studio.

(4)  "Department" means the Department of Agriculture and Consumer Services.

(5)  "Reasonable and fair service fee" means no more than 10 percent of the total contract price for contracts. Service fee includes, but is not limited to, registration fee, membership fee, and processing or startup fee.

History.--s. 2, ch. 90-312; s. 14, ch. 91-201; s. 4, ch. 91-429; s. 1, ch. 94-298.

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 the department establishing that the stated qualifications are met:

(1)  A bona fide nonprofit organization which has been granted tax-exempt status by the Internal Revenue Service.

(2)  A gymnastics school which engages only in instruction and training and in which exercise is only incidental to such instruction and training.

(3)  A golf, tennis, or racquetball club in which sports play is the only activity offered by the club. If the facility offers the use of physical exercise equipment, this exemption shall not apply.

(4)  A program or facility which is offered and used solely for the purpose of dance, aerobic exercise, or martial arts, and which utilizes no physical exercise equipment.

(5)  A country club that has as its primary function the provision of a social life and recreational amenities to its members, and for which a program of physical exercise is merely incidental to membership. As used in this subsection, the term "country club" means a facility that offers its members a variety of services that may include, but need not be limited to, social activities; dining, banquet, catering, and lounge facilities; swimming; yachting; golf; tennis; card games such as bridge and canasta; and special programs for members' children. Upon the filing of an affidavit with the department establishing that the stated qualifications of this subsection were met before July 1, 1997, this subsection will apply retroactively to the date that the country club met these qualifications.

History.--s. 3, ch. 90-312; s. 14, ch. 91-201; s. 4, ch. 91-429; s. 5, ch. 97-250.

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. 501.012-501.019, examine the books or records of the health studio, and subpoena all necessary records when the department has reason to believe a violation of the provisions of ss. 501.012-501.019 has occurred.

(2)  The department has the authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement ss. 501.012-501.019.

(3)  The department shall:

(a)  Provide each business location of a health studio with a registration number at the time of registration.

(b)  Provide a certificate of registration which prominently displays the registration number.

(c)  Place all fees and fines collected pursuant to ss. 501.012-501.019 in the General Inspection Trust Fund of Florida as created in s. 570.20.

History.--s. 4, ch. 90-312; s. 14, ch. 91-201; s. 4, ch. 91-429; s. 6, ch. 97-250; s. 171, ch. 98-200.

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)  Remit an annual registration fee of $300 to the department at the time of registration for each of the health studio's business locations.

(3)  File a security as required by s. 501.016 at the time of registration.

(4)  Post at the registration desk or front desk, whichever is more prominent, at each business location the proof of registration certificate provided by the department at the time of registration or renewal.

(5)  Include the registration number issued by the department in all printed advertisements, contracts, and publications utilized by the health studio for a business location.

(6)  Be considered a new health studio and shall be subject to the requirements of s. 501.016 each time the health studio changes ownership or, in the case of corporate ownership, each time the stock ownership is changed so as to effectively put the health studio under new management or control, notwithstanding the provisions of s. 501.016(6). A change of ownership does not occur within the meaning of this subsection if:

(a)  Substantially the same stockholders form a new corporate entity;

(b)  In the opinion of the department, the change does not effectively place the health studio under new management and control; and

(c)  The health studio has a satisfactory complaint history with the department.

(7)  Any person applying for or renewing a local occupational license to engage in business as a health studio must exhibit an active registration certificate from the Department of Agriculture and Consumer Services before the local occupational license may be issued or reissued.

(8)  All moneys collected pursuant to this section shall be deposited into the General Inspection Trust Fund.

History.--s. 5, ch. 90-312; s. 14, ch. 91-201; s. 4, ch. 91-429; s. 56, ch. 92-291; s. 1, ch. 93-116; s. 7, ch. 97-250.

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 location a bond issued by a surety company admitted to do business in this state. The principal sum of the bond shall be $50,000, and the bond, when required, shall be obtained before an occupational license may be issued under chapter 205. Upon issuance of an occupational license, the licensing authority shall immediately notify the department of such issuance in a manner established by the department by rule. The bond shall be in favor of the state for the benefit of any person injured as a result of a violation of ss. 501.012-501.019. The aggregate liability of the surety to all persons for all breaches of the conditions of the bonds provided herein shall in no event exceed the amount of the bond. The original surety bond required by this section shall be filed with the department.

(2)  In lieu of maintaining the bond required in subsection (1), the health studio may furnish to the department:

(a)  An irrevocable letter of credit from any foreign or domestic bank in the amount of $50,000; or

(b)  A guaranty agreement which is secured by a certificate of deposit in the amount of $50,000.

The original letter of credit or certificate of deposit submitted in lieu of the bond shall be filed with the department. The department shall decide whether the security furnished in lieu of bond by the health studio is in compliance with the requirements of this section.

(3)  A health studio which sells contracts for future health studio services and which collects direct payment on a monthly basis for those services shall be exempt from the security requirements of subsections (1) and (2) provided that any service fee charged is a reasonable and fair service fee. The number of monthly payments in such a contract shall be equal to the number of months in the contract. The contract shall conform to all the requirements for future health studio services contracts as specified in ss. 501.012-501.019 and shall specify in the terms of the contract the charges to be assessed for those health studio services.

(4)  If the health studio furnishes the department with evidence satisfactory to the department that the aggregate dollar amount of all current outstanding contracts of the health studio is less than $5,000, the department may, at its discretion, reduce the principal amount of the surety bond or other sufficient financial responsibility required in subsections (1) and (2) to a sum of not less than $10,000. However, at any time the aggregate dollar amount of such contracts exceeds $5,000, the health studio shall so notify the department and shall thereupon provide the bond or other documentation as required in subsections (1) and (2). Health studios whose bonds have been reduced must provide the department with an annually updated list of members. Failure to file an annual report will result in the department raising the security requirement to $50,000.

(5)  Each health studio shall furnish the department with a copy of the escrow account which would contain all funds received for future consumer services, whether by contract or otherwise, sold prior to the business location's full operation and specify a date certain for opening, if such an escrow account is established.

(6)  Subsections (1) and (2) shall not apply to a health studio that has been operating continuously under the same ownership and control for the most recent 5-year period in compliance with ss. 501.012-501.019 and the rules adopted thereunder and that has not had any civil, criminal, or administrative adjudication against it by any state or federal agency; and that has a satisfactory consumer complaint history. As used in this subsection, the term "satisfactory consumer complaint history" means that no unresolved consumer complaints regarding the health studio are on file with the department. A consumer complaint is unresolved if a health studio has not responded to the department's efforts to mediate the complaint or if there has been an adjudication that the health studio has violated ss. 501.012-501.019 or the rules adopted thereunder. Such exemption extends to all current and future business locations of an exempt health studio.

(7)  A business, otherwise defined as a health studio, which sells a single contract of 30 days or less to any member without any option for renewal or any other condition which establishes any right in the member beyond the term of such contract is exempt from the provisions of this section. This exemption shall not apply if the business offers any other health studio contract of whatever duration at any time during or prior to the existence of such single contract of 30 days or less.

(8)  Except in the case of a natural disaster or an act of God, a health studio that is exempt from the requirements of subsections (1) and (2), but that has no business locations open for 14 consecutive days, waives its exemption and is considered to be a new health studio for the purposes of ss. 501.012-501.019.

History.--s. 6, ch. 90-312; s. 14, ch. 91-201; s. 4, ch. 91-429; s. 57, ch. 92-291; s. 2, ch. 94-298; s. 8, ch. 97-250.

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 in future installment payments shall be in writing and shall contain, contractual provisions to the contrary notwithstanding, in immediate proximity to the space reserved in the contract for the signature of the buyer, and in 10-point boldfaced type, language substantially equivalent to the following:

(a)  A provision for the penalty-free cancellation of the contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract term or, if appropriate, the number of occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation made within the 3-day provision.

(b)1.  A provision for the cancellation and refund of the contract if the contracting business location of the health studio goes out of business, or moves its facilities more than 5 driving miles from the business location designated in such contract and fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the business location designated in such contract at no additional cost to the buyer.

2.  A provision that notice of intent to cancel by the buyer shall be given in writing to the health studio. Such a notice of cancellation from the consumer shall also terminate automatically the consumer's obligation to any entity to whom the health studio has subrogated or assigned the consumer's contract. If the health studio wishes to enforce such contract after receipt of such showing, it may request the department to determine the sufficiency of the showing.

3.  A provision that if the department determines that a refund is due the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises:

a.  Upon sale, for not more than 14 consecutive days; or

b.  During ownership, for not more than 7 consecutive days and not more than two periods of 7 consecutive days in any calendar year.

A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.

(c)  A provision in the disclosure statement advising the buyer to contact the department for information within 60 days should the health studio go out of business.

(d)  A provision for the cancellation of the contract if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The contract may require a buyer or the buyer's estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under chapter 458, chapter 459, chapter 460, or chapter 461 to the extent the diagnosis or treatment of the disability is within the physician's scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.

(e)  A provision that the initial contract will not be for a period in excess of 36 months, and thereafter shall only be renewable annually. Such renewal contracts may not be executed and the fee therefor paid until 60 days or less before the preceding contract expires.

(f)  A provision that if the health studio requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio shall provide the buyer with the means of such identification.

(2)  Every health studio exempt from the requirements of s. 501.016(1) and (2) shall include in all of its contracts for health studio services, in the same manner as provided in subsection (1) of this section, the following disclosure:

SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN 1 MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.

(3)  Upon entering into a contract for health studio services, the buyer shall be provided with a written contract, which shall include the name, address, and primary place of business of the health studio. Prior to entering into any such contract, the health studio shall also provide the buyer with a current copy of any rules applicable to the buyer's use of the health studio.

(4)  The provisions of this section do not apply to any contracts for health studio services entered into before October 1, 1990, or to the subsequent renewals of such contracts.

(5)  No health studio may, orally or in writing, make any representation that a health studio contract for future services is for a lifetime or is a perpetual membership or use any words or combination of words which may tend to give a prospective buyer the impression that a contract or membership entitles the buyer to services or the use of facilities for an indefinite term.

History.--s. 7, ch. 90-312; s. 14, ch. 91-201; s. 4, ch. 91-429; s. 1, ch. 96-149; s. 1156, ch. 97-103; s. 8, ch. 2001-214.

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 to effectively put the health studio under new management or control, the new owner or manager shall, within 10 days of such change, provide each buyer then under contract with the health studio with notice of the rights and obligations of the buyer and the health studio affected by such change.

(2)  Whenever the majority ownership of a health studio is changed pursuant to subsection (1) or whenever a health studio moves a business location or closes its facilities, it shall notify the department by certified mail at least 30 days in advance of any such change of majority ownership, move, or closure of a business location and shall post a notice of such change at the front entrance of the affected business location.

History.--s. 8, ch. 90-312; s. 14, ch. 91-201; s. 4, ch. 91-429.

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 health studio, who is convicted of a violation of the provisions of ss. 501.012-501.019 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)  Any person who knowingly makes a false representation to the department with the intent to obtain an exemption of any kind from the requirements of s. 501.016 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)  The department may institute proceedings in the appropriate circuit court to recover any penalties or damages allowed in this section and for injunctive relief to enforce compliance with ss. 501.012-501.019 or any rule or order of the department. The department may seek a civil penalty of up to $5,000 for each violation of this section.

(4)(a)  The department may enter an order imposing one or more of the penalties set forth in paragraph (b) if the department finds that a health studio:

1.  Violated or is operating in violation of any of the provisions of this part or of the rules adopted or orders issued thereunder;

2.  Made a material false statement in any application, document, or record required to be submitted or retained under this part;

3.  Refused or failed, or any of its principal officers has refused or failed, after notice, to produce any document or record or disclose any information required to be produced or disclosed under this part or the rules of the department;

4.  Made a material false statement in response to any request or investigation by the department, the Department of Legal Affairs, or the state attorney; or

5.  Has intentionally defrauded the public through dishonest or deceptive means.

(b)  Upon a finding as set forth in paragraph (a), the department may enter an order doing one or more of the following:

1.  Issuing a notice of noncompliance pursuant to s. 120.695.

2.  For a violation of s. 501.015 or s. 501.016, imposing an administrative fine not to exceed $5,000 per violation.

3.  For a violation of s. 501.013, s. 501.017, or s. 501.018, imposing an administrative fine not to exceed $500 per violation.

4.  Directing that the health studio cease and desist specified activities.

5.  Refusing to register or revoking or suspending a registration.

6.  Placing the registrant on probation for a period of 5 years, subject to such conditions as the department may specify by rule.

(c)  The administrative proceedings which could result in the entry of an order imposing any of the penalties specified in paragraph (b) shall be conducted in accordance with chapter 120.

(5)  All moneys collected pursuant to this section shall be deposited into the General Inspection Trust Fund.

History.--s. 9, ch. 90-312; s. 14, ch. 91-201; s. 4, ch. 91-429; s. 58, ch. 92-291; s. 2, ch. 93-116; s. 9, ch. 97-250; s. 9, ch. 2001-214.

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 purchase price in excess of $25 which includes all interest, service charges, finance charges, postage, freight, insurance, and service or handling charges, whether under single or multiple contracts, made pursuant to an installment contract, a loan agreement, other evidence of indebtedness, or a cash transaction or other consumer credit transaction, in which:

(a)  The seller or a person acting for him or her engages in a personal solicitation of the sale, lease, or rental at a place other than at the seller's fixed location business establishment where goods or services are offered or exhibited for sale, lease, or rental, and

(b)  The buyer's agreement or offer to purchase is given to the seller and the sale, lease, or rental is consummated at a place other than at the seller's fixed location business establishment,

including a transaction unsolicited by the consumer and consummated by telephone and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the services. It does not include a sale, lease, or rental made at any fair or similar commercial exhibit or a sale, lease, or rental that results from a request for specific goods or services by the purchaser or lessee or a sale made by a motor vehicle dealer licensed under s. 320.27 which occurs at a location or facility open to the general public or to a designated group.

(2)  "Business day" means any calendar day except Sunday or a federal holiday.

(3)  "Future delivery" means delivery more than 3 business days after the buyer signs an agreement or offer to purchase.

History.--ss. 1, 4, ch. 70-363; s. 1, ch. 71-65; s. 1, ch. 77-350; s. 1, ch. 86-144; s. 1, ch. 87-344; s. 610, ch. 97-103; s. 10, ch. 97-250.

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 conducting such sales provided in subparagraph (b)5., in this state without first obtaining a valid home solicitation sale permit as provided in this section.

(b)  The following are excluded from the operation of this section:

1.  Bona fide agents, business representatives, or salespersons making calls or soliciting orders at the usual place of business of a customer regarding products or services for use in connection with the customer's business.

2.  Solicitors, salespersons, or agents making a call or business visit upon the express invitation, oral or written, of an inhabitant of the premises or her or his agent.

3.  Telephone solicitors, salespersons, or agents making calls which involve transactions that are unsolicited by the consumer and consummated by telephone and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the services.

4.  Solicitors, salespersons, or agents conducting a sale, lease, or rental of consumer goods or services by sample, catalog, or brochure for future delivery.

5.  Minors, as defined in s. 1.01(13), conducting home solicitation sales under the supervision of an adult supervisor who holds a valid home solicitation sale permit. Minors excluded from operation of this section must, however, carry personal identification which includes their full name, date of birth, residence address, and employer and the name and permit number of their adult supervisor.

6.  Those sellers or their representatives that are currently regulated as to the sale of goods and services by chapter 475 or chapter 497.

7.  Solicitors, salespersons, or agents making calls or soliciting orders on behalf of a religious, charitable, scientific, educational, or veterans' institution or organization holding a sales tax exemption certificate under s. 212.08(7)(a).

(2)  Applicants for permits shall file sworn applications in writing with the clerk of the circuit court for the county in which applicants intend to conduct home solicitation sales. The clerk of the circuit court for the county is authorized to impose a reasonable permit fee sufficient to offset the administrative costs associated with the permitting procedure. Each application shall be on a form as required by the clerk of the circuit court for the county receiving the application, but shall contain the following as a minimum:

(a)  Full name of applicant.

(b)  Date of birth of applicant.

(c)  Race and sex of applicant.

(d)  Permanent residence address of applicant.

(e)  Local residence address of applicant.

(f)  Name and address of applicant's employer.

(g)  Two recent color photographs of applicant.

(h)  A statement as to whether or not the applicant has been convicted of or has pleaded guilty or nolo contendere to any crime, the nature of the offense, and the punishment or penalty assessed therefor.

(i)  A complete set of fingerprints taken by an authorized law enforcement agency.

(3)  Upon receipt of a sworn application for a home solicitation sale permit, the clerk of the circuit court for the county shall submit the fingerprints to the Department of Law Enforcement for state processing and a copy of the application to the sheriff for a local criminal background investigation. Both the Department of Law Enforcement and the sheriff shall report any criminal justice information to the clerk of the circuit court for the county within 60 days after receipt of the fingerprints and copy of application.

(4)  A clerk of the circuit court for the county may revoke, suspend, or deny the issuance of any home solicitation sale permit if it is determined that an applicant or permitholder has:

(a)  Been convicted of, or entered a plea of guilty or nolo contendere to, a crime against the laws of this state or any other state or the United States, involving moral turpitude, fraudulent or dishonest dealing, or the illegal use or sale of a controlled substance, or been convicted of, or entered a plea of guilty or nolo contendere to, a violation of any of the provisions of ss. 501.021-501.055.

(b)  Has obtained a permit by fraud, false statement, misrepresentation, or failure to truthfully answer any question in the required permit application.

(c)  Has failed to obtain required county or municipal occupational licenses.

(d)  Has failed in any material respect to comply with the provisions of ss. 501.021-501.055.

(5)  Whenever any person, after applying for or receiving a home solicitation sale permit, moves from the address named in such application or in the permit issued to her or him or when the name of a permitholder is changed by marriage or otherwise, such person shall within 15 days thereafter notify the issuing clerk of the circuit court for the county in writing of her or his old and new addresses or of which former and new names and of the number of her or his permit.

(6)  The issuing clerk of the circuit court for the county shall notify each applicant or permitholder of a decision to deny, suspend, or revoke a permit by certified mail sent to any one of the last addresses submitted by the applicant or permitholder.

(7)  If the investigation provided for in subsection (3) reveals no grounds for denial of a home solicitation sale permit, the clerk of the circuit court for the county shall issue a home solicitation sale permit in the form of a laminated identification card which shall bear the photograph of the permitholder; the permitholder's full name, date of birth, race, and sex; the name and address of the permitholder's employer or the statement "self-employed"; the signature of the permitholder; a permit number; an expiration date; and a telephone number of the issuing clerk's office which consumers may call to verify the validity of the permit. A permit issued hereunder shall be valid for a period of 1 year from the date of issuance unless earlier revoked as provided for in this section.

(8)  Every permitholder shall carry the permit and certificate required by this section at all times while engaged in home solicitation sales and shall display the same to all prospective buyers before initiating the solicitation of a sale, lease, or rental.

History.--s. 2, ch. 86-144; s. 2, ch. 87-344; s. 113, ch. 93-399; s. 611, ch. 97-103; s. 11, ch. 97-250; s. 44, ch. 2000-154; s. 145, ch. 2004-301.

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 third business day after the day on which the buyer signs an agreement or offer to purchase. Cancellation is evidenced by the buyer giving written notice of cancellation in person, by telegram, or by mail to the seller at the address stated in the agreement or offer to purchase. The written notice of cancellation given by mail shall be effective upon postmarking. The notice of cancellation need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale. Notice of a buyer's right to cancel must appear on every note or other evidence of indebtedness given pursuant to any home solicitation sale. For the purposes of this section, unless a mortgage also creates the buyer's promise to pay the secured debt, it is not an evidence of indebtedness.

History.--s. 2, ch. 70-363; s. 1, ch. 77-350; s. 1, ch. 84-63; s. 6, ch. 99-307; s. 37, ch. 99-391.

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 to and obtain from the buyer his or her signature to a written agreement or offer to purchase which designates, as the date of the transaction, the date on which the buyer actually signs and which contains a statement of the buyer's rights, which statement complies with subsection (2).

(2)  The statement must:

(a)  Appear under the conspicuous caption, "BUYER'S RIGHT TO CANCEL";

(b)  Read as follows: "This is a home solicitation sale, and if you do not want the goods or services, you may cancel this agreement by providing written notice to the seller in person, by telegram, or by mail. This notice must indicate that you do not want the goods or services and must be delivered or postmarked before midnight of the third business day after you sign this agreement. If you cancel this agreement, the seller may not keep all or part of any cash down payment."

History.--s. 3, ch. 70-363; s. 2, ch. 84-63; s. 1, ch. 85-5; s. 612, ch. 97-103.

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 or machinery.

History.--s. 5, ch. 70-363.

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 payments made by the buyer and any note or other evidence of indebtedness. If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement. Until the seller has complied with the obligations imposed by this section, the buyer may retain possession of goods delivered to her or him by the seller and has a lien on the goods in her or his possession or control for any recovery to which she or he is entitled.

History.--s. 6, ch. 70-363; s. 2, ch. 85-5; s. 613, ch. 97-103.

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, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale, but he or she is not obligated to tender at any place other than his or her residence. If the seller fails to demand possession of goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. For the purposes of this section, 40 days is presumed to be a reasonable time. The buyer has the duty to take reasonable care of the goods in his or her possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller's risk. If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation for such services.

History.--s. 7, ch. 70-363; s. 3, ch. 85-5; s. 614, ch. 97-103.

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 in s. 501.022 and direct all such employees to comply with all provisions of said section.

(b)  Direct all employees engaged in home solicitation sales to leave with the buyer a "business card," contract, or receipt, which shall include:

1.  The disclosure required in s. 501.031.

2.  The name, address, and telephone number of the parent company or sponsor.

3.  The name, address, and telephone number of the employee making the home solicitation sale.

(2)  In the case of telephone sales solicitations, the name, address, and telephone number of the parent company or sponsor shall be clearly and conspicuously disclosed on sales materials and contracts sent to or delivered to the buyer.

History.--s. 2, ch. 77-350; s. 3, ch. 86-144.

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 affiliation with the parent company or sponsor.

(3)  Misrepresent the seller's reasons for soliciting the sale, lease, or rental of goods or services, such as participation in a contest or inability to perform any other job, when such is not a fact.

(4)  Allege or imply that the agreement to purchase, lease, or rent goods or services is noncancelable when such is not a fact.

(5)  Perform any other act which constitutes misrepresentation.

History.--s. 2, ch. 77-350; s. 4, ch. 86-144.

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. 501.021-501.055.

History.--s. 2, ch. 77-350; s. 12, ch. 97-250.

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. 501.021-501.055 may appeal to the courts, as provided by general law, within 90 days from the date of the decision sought to be reviewed.

History.--s. 3, ch. 87-344.

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. 775.082 or s. 775.083.

(2)  Any person who conducts or attempts to conduct a home solicitation sale without first obtaining and having in her or his possession a valid, current permit as required by s. 501.022 or who uses or attempts to use an expired, suspended, or revoked home solicitation sale permit in a home solicitation sale is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Upon second or subsequent conviction for violation of this subsection, the offender is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)  Any person who uses a false or fictitious name in any application for a home solicitation sale permit or certificate as provided for in s. 501.022 or who makes a false statement, conceals a material fact, or otherwise commits a fraud in any such application is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Upon a second or subsequent conviction for violation of this subsection, the offender is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The obtaining of two or more permits which are in different names or the possession of two or more such permits shall be prima facie evidence that this subsection has been violated.

History.--s. 8, ch. 70-363; s. 457, ch. 71-136; s. 5, ch. 86-144; s. 4, ch. 87-344; s. 122, ch. 91-224; s. 615, ch. 97-103.

501.057  Commercial Weight-Loss Practices Act; short title.--Sections 501.057-501.0581 may be cited as the "Florida Commercial Weight-Loss Practices Act."

History.--s. 1, ch. 93-274.

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 any type of vitamin, mineral, or other dietary additive which is recommended to be taken by a weight-loss provider.

(3)  "Weight-loss location" means any place where a weight-loss program is provided by a weight-loss provider.

(4)  "Weight-loss program" means any plan or procedure offered to encourage weight loss.

(5)  "Weight-loss provider" means any person engaged in the business of offering services to consumers to assist them in losing weight and making oral or written statements, visual descriptions, advertisements, or other representations that have the capacity, tendency, or effect of leading consumers to believe that participation in a weight-loss program will result in weight loss.

History.--s. 2, ch. 93-274.

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 that is being recommended, including all additional products, services, supplements, examinations, or laboratory tests the consumer may have to purchase from the weight-loss provider as part of such program.

(2)  Disclose the actual or estimated duration of the recommended weight-loss program.

(3)  Provide a copy of the educational and professional experience of the weight-loss provider's staff upon request.

(4)  Provide the name, address, and qualifications of the person who has reviewed and approved the weight-loss program according to s. 468.505(1)(j).

(5)  Produce and distribute to all consumers who inquire about their weight-loss program a palm-sized card with the Weight-Loss Consumer Bill of Rights printed on it.

(6)  Conspicuously post the Weight-Loss Consumer Bill of Rights at the front registration desk in each weight-loss location and require every agent, representative, franchisee, or independent contractor to post such a bill of rights in a prominent place in every room in which a presentation or sale of a weight-loss program is made or in which a product or treatment is offered for sale.

History.--s. 3, ch. 93-274.

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 WEIGHT LOSS IS WEIGHT LOSS OF MORE THAN 1 ¹/₂ POUNDS TO 2 POUNDS PER WEEK OR WEIGHT LOSS OF MORE THAN 1 PERCENT OF BODY WEIGHT PER WEEK AFTER THE SECOND WEEK OF PARTICIPATION IN A WEIGHT-LOSS PROGRAM.

(B)  CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING ANY WEIGHT-LOSS PROGRAM.

(C)  ONLY PERMANENT LIFESTYLE CHANGES, SUCH AS MAKING HEALTHFUL FOOD CHOICES AND INCREASING PHYSICAL ACTIVITY, PROMOTE LONG-TERM WEIGHT LOSS.

(D)  QUALIFICATIONS OF THIS PROVIDER ARE AVAILABLE UPON REQUEST.

(E)  YOU HAVE A RIGHT TO:

1.  ASK QUESTIONS ABOUT THE POTENTIAL HEALTH RISKS OF THIS PROGRAM AND ITS NUTRITIONAL CONTENT, PSYCHOLOGICAL SUPPORT, AND EDUCATIONAL COMPONENTS.

2.  RECEIVE AN ITEMIZED STATEMENT OF THE ACTUAL OR ESTIMATED PRICE OF THE WEIGHT-LOSS PROGRAM, INCLUDING EXTRA PRODUCTS, SERVICES, SUPPLEMENTS, EXAMINATIONS, AND LABORATORY TESTS.

3.  KNOW THE ACTUAL OR ESTIMATED DURATION OF THE PROGRAM.

4.  KNOW THE NAME, ADDRESS, AND QUALIFICATIONS OF THE DIETITIAN OR NUTRITIONIST WHO HAS REVIEWED AND APPROVED THE WEIGHT-LOSS PROGRAM ACCORDING TO s. 468.505(1)(j), FLORIDA STATUTES.

(2)  The copies of the Weight-Loss Consumer Bill of Rights to be posted according to s. 501.0573(6) shall be printed in at least 24-point boldfaced type on one side of a sign. The palm-sized copies to be distributed according to s. 501.0573(5) shall be in boldfaced type and legible. Each weight-loss provider shall be responsible for producing and printing appropriate copies of the Weight-Loss Consumer Bill of Rights.

History.--s. 4, ch. 93-274; s. 45, ch. 2000-154.

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 465, or chapter 486 who may give weight-loss advice or provide any weight-loss service which is incidental to the performance of their profession and which is not the primary activity of the person's practice.

History.--s. 5, ch. 93-274.

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 act.

History.--s. 6, ch. 93-274.

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 provisions of this act and may seek other appropriate civil relief, including a civil penalty not to exceed $5,000 for each violation, for restitution and damages for injured customers, court costs, and reasonable attorney's fees.

(2)  The Department of Agriculture and Consumer Services may terminate any investigation or action upon agreement by the offender to pay a stipulated civil penalty, make restitution or pay damages to customers, or satisfy any other relief authorized herein and requested by the department.

(3)  Remedies provided in this section shall be in addition to any other remedies provided by law.

History.--s. 7, ch. 93-274.

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 of which indicates that its primary purpose is for facilitating or causing weight loss. The term includes a pill that contains at least one of the following ingredients: ephedra species, ephedrine alkaloid containing dietary supplements, or Sida cordifolia. However, the term does not include a pill containing one or more of such ingredients which is marketed or intended for a primary purpose other than weight loss.

(2)  It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, a weight-loss pill to a person under 18 years of age. However, it is a defense to a charge of violating this subsection if the buyer or recipient of the weight-loss pill displayed to the person alleged to have committed the violation a driver's license or identification card issued by this state or another state, a passport, or a United States armed services identification card that indicated that the buyer or recipient was 18 years of age or older and the appearance of the buyer or recipient was such that a prudent person would reasonably believe that the buyer or recipient was not under 18 years of age.

(3)  A first violation of subsection (2) or this subsection is punishable by a fine of $100. A second violation of subsection (2) or this subsection is punishable by a fine of $250. A third violation of subsection (2) or this subsection is punishable by a fine of $500. A fourth or subsequent violation of subsection (2) or this subsection is punishable by a fine as determined by the Department of Agriculture and Consumer Services, not to exceed $1,000.

(4)  The Department of Agriculture and Consumer Services is authorized to adopt rules to implement this section.

History.--s. 1, ch. 2003-24.

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 soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.

(b)  "Consumer goods or services" means any real property or any tangible or intangible personal property which is normally used for personal, family, or household purposes, including, without limitation, any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed, as well as cemetery lots and timeshare estates, and any services related to such property.

(c)  "Unsolicited telephonic sales call" means a telephonic sales call other than a call made:

1.  In response to an express request of the person called;

2.  Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call;

3.  To any person with whom the telephone solicitor has a prior or existing business relationship; or

4.  By a newspaper publisher or his or her agent or employee in connection with his or her business.

(d)  "Commission" means the Florida Public Service Commission.

(e)  "Telephone solicitor" means any natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call, including, but not limited to, calls made by use of automated dialing or recorded message devices.

(f)  "Consumer" means an actual or prospective purchaser, lessee, or recipient of consumer goods or services.

(g)  "Merchant" means a person who, directly or indirectly, offers or makes available to consumers any consumer goods or services.

(h)  "Doing business in this state" refers to businesses who conduct telephonic sales calls from a location in Florida or from other states or nations to consumers located in Florida.

(i)  "Department" means the Department of Agriculture and Consumer Services.

(2)  Any telephone solicitor who makes an unsolicited telephonic sales call to a residential, mobile, or telephonic paging device telephone number shall identify himself or herself by his or her true first and last names and the business on whose behalf he or she is soliciting immediately upon making contact by telephone with the person who is the object of the telephone solicitation.

(3)(a)  Any residential, mobile, or telephonic paging device telephone subscriber desiring to be placed on a "no sales solicitation calls" listing indicating that the subscriber does not wish to receive unsolicited telephonic sales calls may notify the department and be placed on that listing upon receipt by the department of a $10 initial listing charge. This listing shall be renewed by the department annually for each consumer upon receipt of a renewal notice and a $5 assessment.

(b)  The department shall update its "no sales solicitation calls" listing upon receipt of initial consumer subscriptions or renewals and provide this listing for a fee to telephone solicitors upon request.

(c)  All fees imposed pursuant to this section shall be deposited in the General Inspection Trust Fund for the administration of this section.

(4)  No telephone solicitor shall make or cause to be made any unsolicited telephonic sales call to any residential, mobile, or telephonic paging device telephone number if the number for that telephone appears in the then-current quarterly listing published by the department. Any telephone solicitor or person who offers for sale any consumer information which includes residential, mobile, or telephonic paging device telephone numbers, except directory assistance and telephone directories sold by telephone companies and organizations exempt under s. 501(c)(3) or (6) of the Internal Revenue Code, shall screen and exclude those numbers which appear on the division's then-current "no sales solicitation calls" list. This subsection does not apply to any person licensed pursuant to chapter 475 who calls an actual or prospective seller or lessor of real property when such call is made in response to a yard sign or other form of advertisement placed by the seller or lessor.

(5)(a)  A contract made pursuant to a telephonic sales call is not valid and enforceable against a consumer unless made in compliance with this subsection.

(b)  A contract made pursuant to a telephonic sales call:

1.  Shall be reduced to writing and signed by the consumer.

2.  Shall comply with all other applicable laws and rules.

3.  Shall match the description of goods or services as principally used in the telephone solicitations.

4.  Shall contain the name, address, and telephone number of the seller, the total price of the contract, and a detailed description of the goods or services being sold.

5.  Shall contain, in bold, conspicuous type, immediately preceding the signature, the following statement:

"You are not obligated to pay any money unless you sign this contract and return it to the seller."

6.  May not exclude from its terms any oral or written representations made by the telephone solicitor to the consumer in connection with the transaction.

(c)  The provisions of this subsection do not apply to contractual sales regulated under other sections of the Florida Statutes, or to the sale of financial services, security sales, or sales transacted by companies or their wholly owned subsidiaries or agents, which companies are regulated by chapter 364, or to the sale of cable television services to the duly franchised cable television operator's existing subscribers within that cable television operator's franchise area, or to any sales where no prior payment is made to the merchant and an invoice accompanies the goods or services allowing the consumer 7 days to cancel or return without obligation for any payment.

(6)(a)  A merchant who engages a telephone solicitor to make or cause to be made a telephonic sales call shall not make or submit any charge to the consumer's credit card account or make or cause to be made any electronic transfer of funds until after the merchant receives from the consumer a copy of the contract, signed by the purchaser, which complies with this section.

(b)  A merchant who conducts a credit card account transaction pursuant to this section shall be subject to the provisions of s. 817.62.

(c)  The provisions of this subsection do not apply to a transaction:

1.  Made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a retail business establishment which has a fixed permanent location and where consumer goods are displayed or offered for sale on a continuing basis;

2.  In which the consumer may obtain a full refund for the return of undamaged and unused goods or a cancellation of services notice to the seller within 7 days after receipt by the consumer, and the seller will process the refund within 30 days after receipt of the returned merchandise by the consumer;

3.  In which the consumer purchases goods or services pursuant to an examination of a television, radio, or print advertisement or a sample, brochure, or catalog of the merchant that contains:

a.  The name, address, and telephone number of the merchant;

b.  A description of the goods or services being sold; and

c.  Any limitations or restrictions that apply to the offer; or

4.  In which the merchant is a bona fide charitable organization or a newspaper as defined in chapter 50.

(7)(a)  No person shall make or knowingly allow a telephonic sales call to be made if such call involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called.

(b)  Nothing herein prohibits the use of an automated telephone dialing system with live messages if the calls are made or messages given solely in response to calls initiated by the persons to whom the automatic calls or live messages are directed or if the telephone numbers selected for automatic dialing have been screened to exclude any telephone subscriber who is included on the department's then-current "no sales solicitation calls" listing or any unlisted telephone number, or if the calls made concern goods or services that have been previously ordered or purchased.

(8)  The department shall investigate any complaints received concerning violations of this section. If, after investigating any complaint, the department finds that there has been a violation of this section, the department or the Department of Legal Affairs may bring an action to impose a civil penalty and to seek other relief, including injunctive relief, as the court deems appropriate against the telephone solicitor. The civil penalty shall not exceed $10,000 per violation and shall be deposited in the General Inspection Trust Fund if the action or proceeding was brought by the department, or the Legal Affairs Revolving Trust Fund if the action or proceeding was brought by the Department of Legal Affairs. This civil penalty may be recovered in any action brought under this part by the department, or the department may terminate any investigation or action upon agreement by the person to pay a stipulated civil penalty. The department or the court may waive any civil penalty if the person has previously made full restitution or reimbursement or has paid actual damages to the consumers who have been injured by the violation.

(9)(a)  In any civil litigation resulting from a transaction involving a violation of this section, the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive his or her reasonable attorney's fees and costs from the nonprevailing party.

(b)  The attorney for the prevailing party shall submit a sworn affidavit of his or her time spent on the case and his or her costs incurred for all the motions, hearings, and appeals to the trial judge who presided over the civil case.

(c)  The trial judge shall award the prevailing party the sum of reasonable costs incurred in the action plus a reasonable legal fee for the hours actually spent on the case as sworn to in an affidavit.

(d)  Any award of attorney's fees or costs shall become a part of the judgment and subject to execution as the law allows.

(e)  In any civil litigation initiated by the department or the Department of Legal Affairs, the court may award to the prevailing party reasonable attorney's fees and costs if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or if the court finds bad faith on the part of the losing party.

(10)  The commission shall by rule ensure that telecommunications companies inform their customers of the provisions of this section. The notification may be made by:

(a)  Annual inserts in the billing statements mailed to customers; and

(b)  Conspicuous publication of the notice in the consumer information pages of the local telephone directories.

History.--s. 1, ch. 87-253; s. 1, ch. 90-143; ss. 3, 5, ch. 91-237; s. 1, ch. 92-186; s. 59, ch. 92-291; s. 3, ch. 94-298; s. 616, ch. 97-103; s. 4, ch. 2003-179.

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 visual range, if produced by laser devices.

(b)  "Laser device" means any device designed or used to amplify electromagnetic radiation by stimulated emission.

(c)  "Nonionizing radiation" means electromagnetic or sound waves which do not produce or result in ionization.

(d)  "Ionizing radiation" means gamma and X rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles.

(e)  "Department" means the Department of Health.

(2)  AUTHORITY TO ISSUE REGULATIONS.--Except for electrical transmission and distribution lines and substation facilities subject to regulation by the Department of Environmental Protection pursuant to chapter 403, the Department of Health shall adopt rules as necessary to protect the health and safety of persons exposed to laser devices and other nonionizing radiation, including the user or any others who might come in contact with such radiation. The Department of Health may:

(a)  Develop a program for registration of laser devices and uses and of identifying and controlling sources and uses of other nonionizing radiations.

(b)  Maintain liaison with, and receive information from, industry, industry associations, and other organizations or individuals relating to present or future radiation-producing products or devices.

(c)  Study and evaluate the degree of hazard associated with the use of laser devices or other sources of radiation.

(d)  Establish and prescribe performance standards for lasers and other radiation control, including requirements for radiation surveys and measurements and the methods and instruments used to perform surveys; the qualifications, duties, and training of users; the posting of warning signs and labels for facilities and devices; recordkeeping; and reports to the department, if it determines that such standards are necessary for the protection of the public health.

(e)  Amend or revoke any performance standard established under the provisions of this section.

(3)  PENALTIES FOR USING UNREGISTERED LASER DEVICE OR PRODUCT.--

(a)  No person licensed to practice the healing arts, nor any other person, may use a Class III or a Class IV laser device or product as defined by federal regulations unless she or he has complied with the rules governing the registration of such devices with the department promulgated pursuant to subsection (2).

(b)  Any person who violates the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1, 2, ch. 71-189; s. 437, ch. 77-147; s. 94, ch. 83-329; s. 7, ch. 86-173; s. 54, ch. 86-186; s. 123, ch. 91-224; s. 459, ch. 94-356; s. 622, ch. 97-103; s. 42, ch. 98-151; s. 46, ch. 2000-242.

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 liberally construed to effectively promote the following purposes and policies:

(a)  Protect the interests of consumers and encourage constructive and useful competition in the sale of consumer commodities.

(b)  Encourage, to the extent that it will facilitate the consumer's choice of consumer commodities, the development and use of a method of unit pricing for consumer commodities.

(c)  Prohibit the use of unit pricing of consumer commodities when it would tend to mislead or deceive consumers.

(d)  Encourage competition among sellers of consumer commodities through the use of uniform units of quantity for unit pricing of consumer commodities.

(e)  Encourage the development and use, by sellers, of consumer education programs with respect to factors which should be considered in the purchase of consumer commodities which are offered for sale or sold on a unit price basis, with special attention to the needs of disadvantaged consumers for such consumer education programs.

(f)  Provide for a state-approved program of unit pricing of consumer commodities.

(3)  DEFINITIONS.--As used in this act:

(a)  "Seller" means any person engaged in the business of selling a consumer commodity at retail.

(b)  "Consumer commodity" means any article, product, or commodity of any kind or class, other than durable articles, textiles, items of apparel, appliances, paints, writing supplies, and articles specially ordered from the seller, including prescription drugs, which is customarily produced or distributed for sale at retail for consumption by individuals or use by individuals for purposes of personal care or in the performance of routine services ordinarily rendered regularly within the household, and which is usually consumed or expended in the course of such consumption or use.

(c)  "Unit price" means the pricing of, or expression of the price of, a consumer commodity as the price per an approved unit of quantity.

(d)  "Department" means the Department of Agriculture and Consumer Services.

(4)  RESPONSIBILITY OF DEPARTMENT.--The department shall have the authority, duty and responsibility of administering and enforcing this act.

(5)  APPROVED UNIT OF QUANTITY AND COMPUTATION OF UNIT PRICE.--

(a)  The price of all consumer commodities offered for sale or sold by a seller shall be expressed as the price per approved unit of quantity, which shall be the price per:

1.  Avoirdupois ounce;

2.  Fluid ounce;

3.  Unit;

4.  Square foot;

5.  Linear foot;

6.  Pound; or

7.  Such substitute unit or units of quantity as may be approved by the department upon a finding of need for such substitute unit.

(b)  Unit prices shall be computed to the nearest one-hundredth of 1 cent rounded to the nearest one-tenth of 1 cent for purposes of display to consumers. Five one-hundredths of 1 cent shall be rounded to the next highest one-tenth of 1 cent.

(c)  This act shall not apply to any seller unless he or she voluntarily establishes a system of unit pricing.

(6)  DISPLAY AND ADVERTISING OF CONSUMER COMMODITY UNIT PRICES.--A seller shall conspicuously and clearly display the price per package or unit and the unit price in close proximity to the display of the commodity in such manner as may be established by rules of the department. However, the display of the prices may not obliterate or conceal any other information required by law or regulation. Nothing contained herein shall be construed to require that a seller unit price any consumer commodity other than those with regard to which he or she has voluntarily established a system of unit pricing.

(7)  PENALTIES.--Any person who offers for sale, or sells, any consumer commodity in violation of this act is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(8)  INJUNCTIVE RELIEF.--The department may institute proceedings in the appropriate circuit court for injunctive relief to enforce this act.

History.--ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 72-325; s. 6, ch. 78-95; s. 623, ch. 97-103.

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 the state and who receives funds incidental thereto or in connection therewith for the payment of property taxes or hazard insurance premiums when the funds are held in escrow by or on behalf of the lender, shall promptly pay the taxes or insurance premiums when the taxes or premiums become due and adequate escrow funds are deposited, so that the maximum tax discount available may be obtained with regard to the taxable property and so that insurance coverage on the property does not lapse.

(2)  If an escrow account for the taxes or insurance premiums is deficient, the lender shall notify the property owner within 15 days after the lender receives the notification of taxes due from the county tax collector or receives the notification from the insurer that a premium is due.

(3)(a)  If the lender, as a result of neglect, fails to pay any tax or insurance premium when the tax or premium is due and there are sufficient escrow funds on deposit to pay the tax or premium, and if the property owner suffers a loss as a result of this failure, then the lender is liable for the loss; except, however, that with respect to any loss which would otherwise have been insured, the extent of the liability shall not exceed the coverage limits of any insurance policy which has lapsed.

(b)  If the lender violates paragraph (a) and the premium payment is not more than 90 days overdue, the insurer shall reinstate the insurance policy, retroactive to the date of cancellation, and the lender shall reimburse the property owner for any penalty or fees imposed by the insurer and paid by the property owner for purposes of reinstating the policy.

(c)  If the lender violates paragraph (a) and the premium payment is more than 90 days overdue or if the insurer refuses to reinstate the insurance policy, the lender shall pay the difference between the cost of the previous insurance policy and a new, comparable insurance policy for a period of 2 years.

(4)  At the expiration of the annual accounting period, the lender shall issue to the property owner an annual statement of the escrow account.

History.--s. 1, ch. 76-12; s. 1, ch. 77-174; s. 1, ch. 84-52; s. 3, ch. 2004-370; s. 149, ch. 2004-390.

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 person who sells or constructs less than 10 units per year statewide.

(b)  "Developer" means either a building contractor who offers new residential dwelling units for sale or any person who offers a new one-family or two-family residential dwelling unit for sale, except for a person who sells or constructs less than 10 units per year statewide.

(c)  "Closing" means that point in time at which legal title to the real property shall transfer from grantor thereof to grantee.

(d)  "Default" means the failure of the buyer to close the transaction after issuance of the certificate of occupancy or the failure of the buyer to comply with any of the buyer's obligations under the terms of the purchase contract.

(e)  "Escrow" or "to place in escrow" means the delivery to or deposit with a third party, the escrow holder, of money or documents to be held and disbursed by such escrow agent consistent with the provisions of this section.

(2)  NOTICE TO BUYER OF RIGHT TO HAVE DEPOSIT FUNDS PLACED IN ESCROW ACCOUNT.--In all offers to purchase, sales agreements, or written contracts made between a building contractor or a developer and a prospective buyer of a one-family or two-family residential dwelling unit, the building contractor or developer shall notify the prospective buyer that any deposit (up to 10 percent of the purchase price) made by the buyer to the building contractor or developer shall, unless waived in writing by the buyer, be deposited in an escrow account with a savings and loan association, bank, or trust company, an attorney who is a member of The Florida Bar, a licensed Florida real estate broker, or a title insurance company authorized to insure title to real property in this state. The funds, if escrowed, may be deposited in separate accounts or commingled with other escrow or trust accounts. Any such offer, agreement, or contract used by the building contractor or developer with respect to the sale of a one-family or two-family residential dwelling unit shall contain the following legend in conspicuous type: THE BUYER OF A ONE-FAMILY OR TWO-FAMILY RESIDENTIAL DWELLING UNIT HAS THE RIGHT TO HAVE ALL DEPOSIT FUNDS (UP TO 10 PERCENT OF THE PURCHASE PRICE) DEPOSITED IN AN ESCROW ACCOUNT. THIS RIGHT MAY BE WAIVED, IN WRITING, BY THE BUYER.

(3)  ESCROW ACCOUNTS; WITHDRAWALS.--If the buyer of a one-family or two-family residential dwelling unit does not waive the right to have deposits placed in an escrow account, the building contractor or developer shall place the funds (up to 10 percent of the purchase price) in an escrow account. The account shall be clearly denoted on the records of the escrow holder as an escrow account. All withdrawals from the account shall require the signatures of both the building contractor or developer and the buyer or the buyer's agent, except as provided in this section.

(4)  RIGHT TO INTEREST; USE OF ESCROWED FUNDS; SURETY BOND OR LOAN.--When money has been placed in an escrow account pursuant to this section, the building contractor or developer shall be entitled to any interest accrued by the account, payable at closing. When the building contractor or developer desires to use escrowed funds for building purposes, after notification to the buyer, the building contractor or developer shall acquire a surety bond issued by a company licensed to do business in this state, if such a bond is readily available in the open market, payable to the buyer in the amount of the escrow deposit; and the funds in the escrow deposit shall thereafter be released to the building contractor or developer for construction purposes only. In the case where no surety bond is available, the building contractor or developer may borrow money in an amount equal to the funds held in escrow for construction purposes only, in which case any interest which the building contractor or developer pays on such a loan for a period not to exceed 12 months shall be paid by the buyer at the time of closing, but the buyer shall be credited for any interest accrued on the escrow account.

(5)  MASTER SURETY BOND.--In lieu of and as an alternative to the requirements of subsection (4), a blanket or master surety bond issued by a company licensed to do business in this state may be acquired by the builder or developer, in an amount equal to or greater than the total amount of escrow deposits withdrawn by the builder or developer pursuant to this section. The buyer shall be debited at closing in an amount equal to the premium for the applicable portion of the bond securing his or her deposit. The master surety bond amount and the pro rata share of bond premium debited against the buyer may be based on a reasonable projection of annual escrowed deposit amounts which will be withdrawn pursuant to this section. Bond rates charged under this subsection shall be subject to the provisions of part I of chapter 627 of the Florida Insurance Code.

(6)  ACCOUNTABILITY OF ESCROW HOLDER FOR USE OF ESCROWED FUNDS.--No escrow holder, bonding company, or lending institution referred to in this section shall be chargeable with the use to which a builder or developer puts escrowed funds.

(7)  RELEASE OF DEPOSIT MONEYS.--Funds in an escrow account established pursuant to this section shall be released without the signature of both the building contractor or developer and the buyer only under the following conditions:

(a)  Pursuant to subsection (4).

(b)  Pursuant to subsection (5).

(c)  If the buyer properly terminates the contract pursuant to its terms, the funds, including any accrued interest, shall be paid to the buyer.

(d)  If the buyer defaults in the performance of his or her obligations under the contract of purchase and sale, the funds shall be paid to the building contractor or developer together with any interest earned, in the following manner: The builder or developer may, upon default of the buyer to comply with the terms and conditions of the written contract between the parties, and if the builder or developer is not in default, withdraw any funds being held in escrow pursuant to said written agreement. In order to make such withdrawal, the builder or developer shall send written notice by certified mail to the buyer of his or her intention to make said withdrawals at least 72 hours prior to the intended time of withdrawal. After this 72-hour period, the builder or developer, upon presentation to the escrow holder of a withdrawal slip and the passbook, if any, together with an affidavit certifying that the buyer is in default and that the builder or developer is not in default, may withdraw the escrowed funds. The escrow holder, upon receipt of these items, shall release the funds to the builder or developer. The escrow holder shall not be liable for the release of the funds pursuant to this subsection.

(e)  If the funds of the buyer have not been previously disbursed in accordance with this subsection, they shall be disbursed to the building contractor or developer at the closing of the transaction.

(8)  NO RIGHT OF LIEN, SUBROGATION, OR CLAIM.--

(a)  An escrow deposit or surety bond purchased pursuant to this section shall not be subject to any lien pursuant to part I of chapter 713 or any lien of any lending institution (except if contracted for by the buyer) or subrogation in the case of default.

(b)  In the event that closing occurs with respect to a sale under this section, the buyer shall then have no right to place a claim on any escrowed funds for breach of contract.

(9)  PENALTIES.--Any developer who willfully fails to comply with the provisions of this section concerning establishment of an escrow account, deposits of funds into escrow, or withdrawal of funds from escrow commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The failure to place funds in an escrow account, if required by this section, within 10 days after receipt by the developer of such funds is prima facie evidence of a violation of this section.

(10)  CIVIL ACTIONS.--In the event of any civil litigation arising under this section, the prevailing party shall be entitled to attorney's fees and costs. Any escrow account interest shall continue to accrue to the benefit of the building contractor or developer on said escrow account during the pendency of any such litigation, except in the event of a ruling adverse to the building contractor or developer.

(11)  STATE STANDARDS.--The provisions of this section constitute maximum statewide standards.

(12)  EXEMPTIONS.--This section shall not apply to deposits, as described in this section, which are:

(a)  Placed in an escrow account required by the Federal Housing Administration or the United States Department of Veterans Affairs; or

(b)  Made to licensed real estate brokers pursuant to this section, which shall instead be deposited in accordance with the provisions of chapter 475.

History.--ss. 1, 2, 3, 4, 5, 6, 7, ch. 80-386; s. 385, ch. 81-259; s. 1, ch. 88-251; s. 25, ch. 90-109; s. 23, ch. 93-268; s. 6, ch. 95-240; s. 13, ch. 96-298; s. 73, ch. 96-388; s. 1158, ch. 97-103.

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 and which he or she advertises as "G" rated, and a preview or trailer of a motion picture which has not received a "G" rating, shall in all such advertising of the program give notice to the public of the exhibition of the preview or trailer in the manner provided in subsections (2) and (3).

(2)  The advertisement of the preview or trailer which is required by subsection (1) shall conform to the following standards:

(a)  In the case of printed matter or marquees, such advertising shall be contiguous to and in the same type size as, and shall contain the same kind of information as, the advertisement for the motion picture which has received a "G" rating and is to be shown on the same program.

(b)  In the case of oral advertising and television advertising, the text used for the broadcast of such trailer or preview shall contain the same kind of information as, and be broadcast in the same manner, form, detail, and time as, the text advertising the motion picture which has received a "G" rating and is to be shown on the same program.

(c)  In the case of any other form of advertisement, such dissemination shall be in the same manner, form, detail, time, and place as that used for the motion picture which has received the "G" rating and is to be shown on the same program.

(3)  For the purposes of this act, advertisement or advertising shall include, but not be limited to, marquee, poster, flier, newspaper, television, radio, and billboard.

(4)  Any person violating the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1, 2, ch. 77-220; s. 212, ch. 79-400; s. 124, ch. 91-224; s. 624, ch. 97-103.

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 are to be delivered or are delivered in any box, crate, or other covering which hides the goods from view, is requested or required, as a condition upon receipt of any such purchased goods, to attest satisfaction with the condition or operation of any goods delivered or to be delivered by a seller or her or his representative.

(2)  Every statement of satisfaction requested or required to be attested or agreed to in this state shall be evidenced by a writing as provided in this section.

(a)  The person or business entity requesting or requiring any such statement of satisfaction shall present to and obtain from the buyer her or his signature to the statement of satisfaction which designates, as the date of the attestation of or agreement to the statement, the date on which the buyer actually signs and which contains a statement of buyer's rights which complies with paragraph (b).

(b)  The statement must:

1.  Appear under the conspicuous caption, "BUYER'S RIGHT TO CANCEL."

2.  Read as follows: "If the goods you have received are not in satisfactory condition or operation, you may cancel this statement of satisfaction by mailing a notice to the seller. This notice must indicate that you do not want the goods in the condition in which they were delivered and must be postmarked before midnight of the fifth business day after you sign this statement."

(3)  Any statement of satisfaction agreed or attested to which is not in compliance with the provisions of this section shall be null, void, and of no force or effect.

History.--s. 1, ch. 77-346; s. 625, ch. 97-103.

501.142  Retail sales establishments; notice of refund policy; exceptions.--

(1)  Every retail sales establishment offering goods for sale to the general public that offers no cash refund, credit refund, or exchange of merchandise must post a sign so stating at the point of sale. Failure of a retail sales establishment to exhibit a "no refund" sign under such circumstances at the point of sale shall mean that a refund or exchange policy exists, and the policy shall be presented in writing to the consumer upon request. Any retail establishment failing to comply with the provisions of this section shall grant to the consumer, upon request and proof of purchase, a refund on the merchandise, within 7 days of the date of purchase, provided the merchandise is unused and in the original carton, if one was furnished. Nothing herein shall prohibit a retail sales establishment from having a refund policy which exceeds the number of days specified herein.

(2)  The provisions of this section shall not apply to the sale of food, perishable goods, goods which are custom made, goods which are custom altered at the request of the customer, or goods which cannot be resold by the merchant because of any law, rule, or regulation adopted by a governmental body.

History.--ss. 1, 2, ch. 78-148.

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 dance studio" means any person that:

1.  Engages in the sale of ballroom dance studio lessons or services which are provided at a location specifically used for dance studio lessons or services; or

2.  Secures floor space at a registered ballroom dance studio facility or other facility which is not used primarily for rendering dance studio lessons or services and enters into contracts for future dance studio lessons or services.

(b)  "Dance studio lessons" include instruction, training, or assistance in dancing and the use of ballroom dance studio facilities.

(c)  "Dance studio services" include membership in any group, club, or association formed by a ballroom dance studio, participation in dance competitions, dance showcases, trips, tours, parties, and other organized events.

(d)  "Department" means the Department of Agriculture and Consumer Services.

(e)  "Enforcing authority" means the Department of Agriculture and Consumer Services or the Department of Legal Affairs.

(f)  "Notice of cancellation" means the mailing or delivering by a pupil or prospective pupil of written notification to cancel the contract or written agreement.

(g)  "Reasonable and fair service fee" means no more than 10 percent of the total contract price for contracts of $1,000 and under. For contracts over $1,000, "reasonable and fair service fee" shall mean no more than $100 plus an amount equal to 5 percent of the total contract price over $1,000 (not to exceed $250 in total).

(3)  REGISTRATION OF BALLROOM DANCE STUDIOS.--

(a)  Each owner or operator of a ballroom dance studio shall annually register with the department providing its legal business or trade name, mailing address, and business locations, and the full names, addresses, and telephone numbers of its owners or corporate officers and directors and the Florida agent of the corporation. A copy of all contracts offered to the public shall also be submitted to the department. A certificate evidencing proof of registration shall be issued by the department. This certificate must be prominently displayed at the sales or front desk at each business location of a ballroom dance studio defined in subparagraph (2)(a)1. Ballroom dance studios defined in subparagraph (2)(a)2. must possess the certificate when providing dance studio lessons or services.

(b)  Any person applying for or renewing a local occupational license to engage in business as a ballroom dance studio must exhibit an active registration certificate from the department before the local occupational license may be issued or reissued under chapter 205.

(c)  Each advertisement or contract of a ballroom dance studio shall include the phrase " (NAME OF FIRM)  is registered with the State of Florida as a Ballroom Dance Studio Registration No._____."

(d)  Registration fees shall be $300 per year for each dance studio location. All amounts collected shall be deposited in the General Inspection Trust Fund of the Department of Agriculture and Consumer Services for the administration of this section.

(e)  No registration shall be valid for any ballroom dance studio defined in subparagraph (2)(a)1. that transacts business at any place other than that designated in its application, unless the department is first notified in writing in advance of any change of location. A registration issued under this section shall not be assignable, and the ballroom dance studio shall not be permitted to conduct business under more than one name except as registered. A ballroom dance studio desiring to change its registered name or location or designated agent for service of process at a time other than upon renewal of registration shall notify the department of such change.

(f)  The department may deny or refuse to renew the registration of any dance studio based upon a determination that the dance studio, or any of its directors, officers, owners, or general partners:

1.  Has failed to meet the requirements for initial application or renewal as provided in this section; or

2.  Has been convicted of a crime involving fraud, dishonest dealing, or any other act of moral turpitude; or

3.  Has not satisfied any fine or penalty arising out of any administrative or civil enforcement action brought by any governmental agency or private person based upon conduct involving fraud, dishonest dealing, or any violation of this section; or

4.  Has had a judgment entered against him or her in any action brought under ss. 501.201-501.213 by the Department of Legal Affairs or brought under this section by the department.

(4)  CONTRACT REQUIREMENTS.--Every contract for ballroom dance studio services or lessons shall be in writing and shall be subject to this section. All provisions, requirements, and prohibitions which are mandated by this section shall be contained in the written contract before it is signed by the customer. A copy of the signed contract shall be given to the customer at the time the customer signs the contract.

(a)  Every contract for ballroom dance studio services or lessons shall set forth the customer's total payment obligation for services or lessons to be received pursuant to the contract and shall contain a written statement of the hourly or lesson rate charged for each type of lesson for which the customer has contracted.

(b)  If the contract includes ballroom dance studio lessons which are sold at different hourly or lesson rates, the contract shall contain separate hourly or lesson rates for each different type of lesson sold.

(c)  If the contract for dance studio services or lessons calls for payment in installments, the studio shall comply with all the provisions of the Retail Installment Sales Act, part II of chapter 520.

(d)  All charges for dance studio services or lessons for which the customer has contracted which are not capable of an hourly rate shall be set forth in writing in specific terms.

(e)  Every ballroom dance studio to which this section applies shall keep a copy of each contract for dance studio services or lessons on file for as long as the contract is in effect and for a period of 2 years thereafter.

(f)  Every contract for the sale of future dance studio services or lessons which are paid for in advance or which the buyer agrees to pay for in future installment payments shall be in writing and shall contain in boldfaced type, under conspicuous caption, contractual provisions to the contrary notwithstanding, the following:

1.  A provision for the penalty-free cancellation of the contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the ballroom dance studio. Written notice may be construed as any written expression of the customer to not be bound by the contract. The ballroom dance studio shall refund upon such notice all moneys paid under the contract except the amount for ballroom dance studio services or lessons actually rendered or to have been rendered, by contract, during the number of days prior to the cancellation notice. A refund shall be issued within 20 days after receipt of the notice of cancellation made within the 3-day notice.

2.  A provision for the cancellation of the contract, if the buyer dies or becomes physically or mentally unable to avail himself or herself of the dance studio lessons or services or if the lessons or services cease to be offered as stated in the contract, after 3 business days of its making and release from further payments upon notice of cancellation. After 3 business days the studio shall charge only for the dance instruction and dance instruction services actually furnished under the agreement plus a reasonable and fair service fee. The studio shall refund the balance in three equal monthly installments, to be completed within not more than 90 days after receiving notice of cancellation.

3.  Any provision in a dance contract, certificate, dance package, or brochure or other material from a dance studio that purports to waive, limit, restrict, or avoid any of the duties, obligations, or prescriptions of the dance studio, as provided in this section, is void and unenforceable and against public policy, unless it is necessitated by contractual arrangements with suppliers and fully disclosed.

(g)  A contract for ballroom dance studio services or lessons may not be for a period in excess of 36 months and, thereafter, is only renewable annually. Such renewal contracts may not be executed nor may the fee therefor be paid until 60 days or less before the preceding contract expires.

(h)  A ballroom dance studio may not, directly or indirectly, make an oral or written representation that a ballroom dance studio contract for future services is for a lifetime, constitutes a perpetual membership, or is otherwise for an indefinite term.

(5)  SECURITY PROVISIONS.--Each ballroom dance studio that has been in business under the same ownership for less than 3 years and that requires or receives an advance payment from any customer in excess of $250 or enters into retail installment contracts for payment by any customer for dance studio services or lessons in installments shall establish and maintain a mechanism for ensuring customer refunds. These ballroom dance studios shall maintain security in the form of a bond issued by a surety company admitted to do business in this state, an irrevocable letter of credit from any foreign or domestic bank, or a guaranty agreement that is secured by a certificate of deposit. If the ballroom dance studio has been in business under the same ownership for less than 1 year, the principal amount of the bond or other security shall be $5,000. If the ballroom dance studio has been in business under the same ownership for at least 1 year, but less than 2 years, the principal amount of the bond or other security shall be $10,000. If the ballroom dance studio has been in business under the same ownership for at least 2 years, but less than 3 years, the principal amount of the bond or other security shall be $15,000. The aggregate liability to all persons for all breaches of the conditions of the bond or other security provided under this subsection shall not exceed the amount of the bond or other security.

(a)  The bond shall be in favor of the state for the benefit of any person injured as a result of a violation of this section. The original surety bond required by this section shall be filed with the department.

(b)  The original letter of credit or certificate of deposit submitted in lieu of the bond shall be filed with the department. The department shall decide whether the security furnished in lieu of bond by the ballroom dance studio is in compliance with the requirements of this section.

(6)  PROHIBITED PRACTICES.--It is a violation of this section for any person:

(a)  To conduct business as a ballroom dance studio without registering annually with the department.

(b)  Knowingly to make any false statement, representation, or certification in any application or registration form required by department rule.

(c)  Knowingly to violate or fail to comply with any rule or order adopted or issued by the department pursuant to its lawful authority in carrying out the intent of this section.

(d)  To represent, directly or by implication, that a specified number of dance studio lessons or a dance studio service will be furnished, unless the bona fide lessons or service is in fact furnished as represented.

(e)  To refuse to honor the terms and provisions of any offer or promise.

(f)  To use any of the following or similar techniques or practices to mislead, coerce, or induce the purchase of dance studio lessons or dance studio services:

1.  Requesting any customer to sign an uncompleted contract or agreement;

2.  Misrepresenting to any customer what is or will be due or payable;

3.  Using any single day "relay salesmanship" or consecutive sales talks with more than one representative, with or without the use of hidden listening devices;

4.  Falsely assuring or representing to any customer that a given course of dance studio lessons will enable him or her to achieve a given standard of dancing proficiency;

5.  Representing in any manner that a dancing instructor or job is obtainable at a studio or misrepresenting what such an instructor will be paid; or

6.  Using any analyses, tests, studio competitions, or other artifices purportedly designed to evaluate dancing ability, progress, or proficiency when the artifices are not so designed or so used.

The department may employ investigators and conduct investigations of violations of this section.

(7)  PENALTIES; REMEDIES.--The following penalties and remedies are available for enforcement of the provisions of this section:

(a)  The department shall have administrative authority to issue a notice of noncompliance pursuant to s. 120.695 and to suspend or revoke the registration of any ballroom dance studio that violates any of the provisions of this section or the rules adopted or orders issued pursuant to such rules. Such ballroom dance studio may not engage in business while the registration is revoked or suspended.

(b)  The department may impose an administrative fine not to exceed $5,000 per violation against any ballroom dance studio that violates any of the provisions of this section or the rules adopted or orders issued pursuant to this section.

(c)  Notwithstanding the provisions of subsection (5), the department may require any ballroom dance studio that has operated or is operating in violation of any of the provisions of this section or the rules adopted or orders issued pursuant to such rules to post security with the department in an amount not to exceed $25,000.

(d)  The department may proceed by injunction to prevent any ballroom dance studio from doing business subject to the provisions of this section until a performance bond, letter of credit, or certificate of deposit is posted with the department.

(e)  The enforcing authority may seek a civil penalty not to exceed $5,000 for each violation of this section or the rules adopted or orders issued pursuant to such rules and may institute a civil action in circuit court to recover any penalties or damages allowed in this section and for injunctive relief to enforce compliance with this section or any rule or order of the department.

(f)  The remedies provided in this section are in addition to any other remedies available for the same conduct.

(8)  CRIMINAL PENALTIES.--Any person which knowingly violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. However, any person which knowingly conducts business as a ballroom dance studio without registering annually with the department commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(9)  GENERAL INSPECTION TRUST FUND; PAYMENTS.--Any moneys recovered by the enforcing authority as a penalty under this section shall be deposited in the General Inspection Trust Fund if the action or proceeding was brought by the department, or the Legal Affairs Revolving Trust Fund if the action or proceeding was brought by the Department of Legal Affairs.

(10)  ENFORCEMENT BY CUSTOMER.--Any customer injured by a fraudulent act or fraudulent omission in violation of this section may bring an action for the recovery of damages. Judgment may be entered for three times the amount at which the actual damages are assessed, plus costs and reasonable attorney's fees.

(11)  EXEMPTIONS.--This section does not apply to governmental and bona fide tax-exempt not-for-profit entities.

(12)  RULEMAKING AUTHORITY.--The department has the authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section.

History.--s. 1, ch. 92-133; s. 89, ch. 92-291; s. 3, ch. 93-116; s. 626, ch. 97-103; s. 13, ch. 97-250; s. 172, ch. 98-200; s. 6, ch. 98-299; s. 71, ch. 2000-158; s. 11, ch. 2003-132; s. 5, ch. 2003-179.

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" means any mattress, box spring, pillow, or cushion made of leather or any other material which is or can be stuffed or filled in whole or in part with any substance or material, which can be used by any human being for sleeping or reclining purposes.

(b)  "Department" means the Department of Agriculture and Consumer Services.

(c)  "Enforcing authority" means the Department of Agriculture and Consumer Services or the Department of Legal Affairs.

(3)  PROHIBITED ACTS.--All bedding manufactured and sold in the state that contains any previously used materials must bear a conspicuous label notifying the consumer of that fact. The label must be at least 1 inch by 2 inches in dimension, specifically describe the used materials contained in the bedding, and declare the amount present in the bedding. The label must be stitched or otherwise firmly attached to the bedding in such a manner that it may be seen by consumers prior to purchase. Used material does not mean new components that are made from recycled material.

(4)  PENALTIES.--The enforcing authority may bring an action for injunctive relief against any person who violates the provisions of this section. Any person who knowingly sells bedding which contains used material that is not labeled in accordance with this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 8, ch. 94-298.

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 limitation, food, water, ice, chemicals, petroleum products, and lumber necessary for consumption or use as a direct result of the emergency.

(b)  It is prima facie evidence that a price is unconscionable if:

1.  The amount charged represents a gross disparity between the price of the commodity or rental or lease of any dwelling unit or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the 30 days immediately prior to a declaration of a state o