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The 2024 Florida Statutes
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F.S. 559.9335559.9335 Violations.—It is a violation of this part for any seller of travel, independent agent, assignee, or other person:(1) To conduct business as a seller of travel without registering annually with the department unless exempt pursuant to s. 559.935. (2) To conduct business as a seller of travel without an annual purchase of a performance bond in the amount set by the department unless exempt pursuant to s. 559.935. (3) Knowingly to make any false statement, representation, or certification in any application, document, or record required to be submitted or retained under this part or in any response to an inquiry or investigation conducted by the department or any other governmental agency. (4) Knowingly to sell or market any vacation certificates that exceed the number disclosed to the department pursuant to this section. (5) Knowingly to sell or market vacation certificates with an expiration date of more than 18 months from the date of issuance. (6) Knowingly to state, represent, indicate, suggest, or imply, directly or indirectly, that the travel contract, certificate, or vacation package being offered by the seller of travel cannot be purchased at some later time or may not otherwise be available after the initial contact, or that callbacks by the prospective purchaser are not accepted, when no such restrictions or limitations in fact exist. (7) To misrepresent the purchaser’s right to cancel and to receive an appropriate refund or reimbursement as provided by this part. (8) To sell any vacation certificate the duration of which exceeds the duration of any agreement between the seller and any business entity obligated thereby to provide accommodations or facilities pursuant to the vacation certificate. (9) To misrepresent or deceptively represent:(a) The amount of time or period of time accommodations or facilities will be available. (b) The location of accommodations or facilities offered. (c) The price, size, nature, extent, qualities, or characteristics of accommodations or facilities offered. (d) The nature or extent of other goods, services, or amenities offered. (e) A purchaser’s rights, privileges, or benefits. (f) The conditions under which the purchaser may obtain a reservation for the use of offered accommodations or facilities. (g) That the recipient of an advertisement or promotional materials is a winner, or has been selected, or is otherwise being involved in a select group for receipt, of a gift, award, or prize, unless this fact is the truth. (10) To fail to inform a purchaser of a nonrefundable cancellation policy before the seller of travel accepting any fee, commission, or other valuable consideration. (11) To fail to include, when offering to sell a vacation certificate, in any advertisement or promotional material, the following statement: “This is an offer to sell travel.” (12) To fail to honor and comply with all provisions of the vacation certificate regarding the purchaser’s rights, benefits, and privileges thereunder. (13)(a) To include in any vacation certificate or contract any provision purporting to waive or limit any right or benefit provided to purchasers under this part; or (b) To seek or solicit such waiver or acceptance of limitation from a purchaser concerning rights or benefits provided under this part. (14) To offer vacation certificates for any accommodation or facility for which there is no contract with the owner of the accommodation or facility securing the purchaser’s right to occupancy and use, unless the seller is the owner. (15) To use a local mailing address, registration facility, drop box, or answering service in the promotion, advertising, solicitation, or sale of vacation certificates, unless the seller’s fixed business address is clearly disclosed during any telephone solicitation and is prominently and conspicuously disclosed on all solicitation materials and on the contract. (16) To use any registered trademark, trade name, or trade logo in any promotional, advertising, or solicitation materials without written authorization from the holder of such trademark, trade name, or trade logo. (17) To represent, directly or by implication, any affiliation with, or endorsement by, any governmental, charitable, educational, medical, religious, fraternal, or civic organization or body, or any individual, in the promotion, advertisement, solicitation, or sale of vacation certificates without express written authorization. (18) To sell a vacation certificate to any purchaser who is ineligible for its use. (19) To sell any vacation certificates in excess of the number of available accommodations. (20) During the period of a vacation certificate’s validity, in the event, for any reason whatsoever, of lapse or breach of an agreement for the provision of accommodations or facilities to purchasers, to fail to procure similar agreement for the provision of comparable alternate accommodations or facilities in the same city or surrounding area. (21) To offer to sell, at wholesale or retail, prearranged travel or tourist-related services for individuals or groups directly to any terrorist state and which originate in Florida, without disclosing such business activities in a certification filed under s. 559.9285(1)(b) or (c). (22) To violate any state or federal law restricting or prohibiting commerce with terrorist states. (23) To engage in any other act that constitutes fraud, misrepresentation, or failure to disclose a material fact, or to commit any other violation of, or fail to comply with, this part. (24) To refuse or fail, or for any of its principal officers to refuse or fail, after notice, to produce any document or record or disclose any information required to be produced or disclosed. (25) Knowingly to make a material false statement in response to any request or investigation by the department, the Department of Legal Affairs, or the state attorney. History.—ss. 1, 2, ch. 88-363; s. 6, ch. 89-296; s. 6, ch. 90-231; s. 4, ch. 91-429; s. 88, ch. 92-291; s. 1, ch. 93-107; s. 5, ch. 95-314; s. 35, ch. 97-250; s. 1, ch. 2006-105; s. 5, ch. 2008-214; s. 34, ch. 2016-166. Note.—Former s. 559.927(10).
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Arrestable Offenses / Crimes under Fla. Stat. 559.9335
Level: DegreeMisdemeanor/Felony: First/Second/Third
S559.9335 1 - FRAUD - SELLER OF TRAVEL WO REGISTRATION - M: F
S559.9335 2 - FRAUD - SELLER OF TRAVEL WO PERFORMANCE BOND - M: F
S559.9335 3 - FRAUD - SELLER OF TRAVEL MAKE FALSE STATEMENT - M: F
S559.9335 4 - FRAUD - SELL MARKET EXCESS VACATION CERTIFICATES - M: F
S559.9335 5 - FRAUD - SELL VACATION CERTIF EXPIRING IN MORE 18 MOS - M: F
S559.9335 6 - FRAUD - REMOVED - M: F
S559.9335 6 - FRAUD - IMPLY TRAVEL PACKAGE ONE TIME OFFER - M: F
S559.9335 7 - FRAUD - RENUMBERED. SEE REC # 7973 - M: F
S559.9335 7 - FRAUD - MISREP BUYER RIGHT TO CANCEL AND REFUND - M: F
S559.9335 8 - PUBLIC ORDER CRIMES - REPEALED 2006-105 - M: F
S559.9335 8 - FRAUD - RENUMBERED. SEE REC # 7974 - M: F
S559.9335 8 - FRAUD - SELL VACATION CERTIF OF EXCESSIVE DURATION - M: F
S559.9335 9 - FRAUD - RENUMBERED. SEE REC # 7975 - M: F
S559.9335 9a - FRAUD - MISREP AVAILABILITY OF ACCOMMODATIONS - M: F
S559.9335 9b - FRAUD - MISREP LOCATION OF ACCOMMODATIONS - M: F
S559.9335 9c - FRAUD - MISREP DETAILS ABOUT ACCOMMODATIONS - M: F
S559.9335 9d - FRAUD - MISREP NATURE EXTENT GOODS SERVICES AMENITIES - M: F
S559.9335 9e - FRAUD - MISREP BUYERS RIGHTS BENEFITS PRIVILEGES - M: F
S559.9335 9f - FRAUD - MISREP INFO ABOUT OBTAINING RESERVATIONS - M: F
S559.9335 9g - FRAUD - MISREP RECEIVER OF AD OR PROMO IS WINNER - M: F
S559.9335 10 - FRAUD - FAIL INFORM BUYER OF NONREFUND CANCELLATION - M: F
S559.9335 10a - FRAUD - RENUMBERED. SEE REC # 7976 - M: F
S559.9335 10b - FRAUD - RENUMBERED. SEE REC # 7977 - M: F
S559.9335 10c - FRAUD - RENUMBERED. SEE REC # 7978 - M: F
S559.9335 10d - FRAUD - RENUMBERED. SEE REC # 7979 - M: F
S559.9335 10e - FRAUD - RENUMBERED. SEE REC # 7980 - M: F
S559.9335 10f - FRAUD - RENUMBERED. SEE REC # 7981 - M: F
S559.9335 10g - FRAUD - RENUMBERED. SEE REC # 7982 - M: F
S559.9335 11 - FRAUD - RENUMBERED. SEE REC # 7983 - M: F
S559.9335 11 - FRAUD - FAIL TO INCLUDE REQ STATEMENT IN AD OR PROMO - M: F
S559.9335 11d - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6417 - M: F
S559.9335 11e - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6418 - M: F
S559.9335 11f - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6419 - M: F
S559.9335 11g - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6420 - M: F
S559.9335 12 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6421 - M: F
S559.9335 12 - FRAUD - RENUMBERED. SEE REC # 7984 - M: F
S559.9335 12 - FRAUD - FAIL TO HONOR VACATION CERTIF PROVISIONS - M: F
S559.9335 13 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6422 - M: F
S559.9335 13 - FRAUD - RENUMBERED. SEE REC # 7985 - M: F
S559.9335 13 - FRAUD - INCLUDE SEEK LIMIT OR WAIVER OF BUYER RIGHTS - M: F
S559.9335 14 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6423 - M: F
S559.9335 14 - FRAUD - RENUMBERED. SEE REC # 7986 - M: F
S559.9335 14 - FRAUD - OFFER VAC CERTIF WO ACCOMMODATION CONTRACT - M: F
S559.9335 15 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6424 - M: F
S559.9335 15 - FRAUD - RENUMBERED. SEE REC # 7987 - M: F
S559.9335 15 - FRAUD - FAIL TO DISCLOSE FIXED BUSINESS ADDRESS - M: F
S559.9335 16 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6425 - M: F
S559.9335 16 - FRAUD - RENUMBERED. SEE REC # 7988 - M: F
S559.9335 16 - FRAUD - USE TRADEMARK NAME LOGO WO AUTHORIZATION - M: F
S559.9335 17 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6426 - M: F
S559.9335 17 - FRAUD - RENUMBERED. SEE REC # 7989 - M: F
S559.9335 17 - FRAUD - REPRESENT AFFILIATION ENDORSEMENT WO AUTH - M: F
S559.9335 18 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6427 - M: F
S559.9335 18 - FRAUD - RENUMBERED. SEE REC # 7990 - M: F
S559.9335 18 - FRAUD - SELL VACATION CERTIF TO INELIGIBLE BUYER - M: F
S559.9335 19 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6428 - M: F
S559.9335 19 - FRAUD - RENUMBERED. SEE REC # 7991 - M: F
S559.9335 19 - FRAUD - SELL VAC CERTIF EXCESS AVAILABLE ACCOMMODATION - M: F
S559.9335 20 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6429 - M: F
S559.9335 20 - FRAUD - RENUMBERED. SEE REC # 7992 - M: F
S559.9335 20 - FRAUD - FAIL TO PROVIDE ALTERNATIVE ACCOMMODATIONS - M: F
S559.9335 21 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6430 - M: F
S559.9335 21 - FRAUD - RENUMBERED. SEE REC # 7993 - M: F
S559.9335 21 - FRAUD - SELL TRAVEL TO TERRORIST STATE WO DISCLOSURE - M: F
S559.9335 22 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6431 - M: F
S559.9335 22 - FRAUD - RENUMBERED. SEE REC # 7994 - M: F
S559.9335 22 - FRAUD - VIOL LAW RE COMMERCE WITH TERRORIST STATE - M: F
S559.9335 23 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6432 - M: F
S559.9335 23 - FRAUD - RENUMBERED. SEE REC # 7995 - M: F
S559.9335 23 - FRAUD - FAIL COMPLY COMMIT FRAUD MISREP FAIL DISCLOSE - M: F
S559.9335 24 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6433 - M: F
S559.9335 24 - FRAUD - RENUMBERED. SEE REC # 7996 - M: F
S559.9335 24 - FRAUD - FAIL TO DISCLOSE REQUIRED INFORMATION - M: F
S559.9335 25 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6434 - M: F
S559.9335 25 - FRAUD - RENUMBERED. SEE REC # 7997 - M: F
S559.9335 25 - FRAUD - MAKING FALSE STATEMENT TO GOVERNMENT INQUIRY - M: F
S559.9335 26 - FRAUD - RENUMBERED. SEE REC # 7998 - M: F
Annotations, Discussions, Cases:
Cases Citing Statute 559.9335
Total Results: 1
Court: District Court of Appeal of Florida | Date Filed: 2003-07-16
Citation: 855 So. 2d 113, 2003 Fla. App. LEXIS 10832, 2003 WL 21658296
Snippet: 928, Fla. Stat. (2002). Any violation of Section 559.9335 constitutes a deceptive and unfair trade practice
