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Florida Statutes Chapter 559 — REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY
Florida · statute · Fla. Stat. ch. 559 · 119 active provisions
Fla. Stat. § 559.01
Definitions
As used in this part:(1) The term “trading stamp” means any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount or for any other marketing purpose, which entitles the rightful holder, on its due presentation for redemption, to receive merchandise, service, or…
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Fla. Stat. § 559.02
Fraud; false representation and lotteries prohibited
No trading stamp company shall commit any fraud or shall make any false representation or shall resort to any lottery, in distributing or redeeming trading stamps in this state.
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Fla. Stat. § 559.03
Declared face value; redemption
No trading stamp company shall distribute trading stamps in this state or shall redeem trading stamps hereafter issued therein unless each stamp has legibly printed upon its face in cents or any fraction thereof a cash value determined by the company, and the rightful holders may, at their option, redeem the stamps in…
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Fla. Stat. § 559.06
Penalties for violations
Any person violating any provision of this part shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083, and the circuit court shall have jurisdiction in equity on the complaint of any interested person to restrain and enjoin the violation of any of said provisions.
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Fla. Stat. § 559.10
Definition; “budget planning.”
(1) The term “budget planning” as used in this part shall mean the act of entering into a contract by any person, firm, corporation, or association with a particular debtor by the terms of which contract the debtor agrees to deposit periodically with such person, firm, corporation, or association a specified sum of mon…
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Fla. Stat. § 559.11
Budget planning prohibited
No person, firm, corporation, or association shall engage in the business of budget planning as defined in s. 559.10; provided, the provisions of this part shall not be construed to affect any contract for services to facilitate accelerated payment of a mortgage loan.
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Fla. Stat. § 559.12
Exceptions
(1) “Person” as used in this part shall not include a person actively practicing law in Florida and who is also admitted to The Florida Bar, and any person who is currently a member of The Florida Bar.(2) “Firm” as used in this part shall not include a partnership, all the members of which are admitted to practice law…
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Fla. Stat. § 559.13
Penalty
Whoever either individually or as an officer, director or employee of a person, firm, corporation or association, violates the provisions of this part shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
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Fla. Stat. § 559.20
Definitions
In construing this part, and each and every word, phrase or part thereof, where the context will permit, the definitions contained in s. 1.01, shall be applicable, and:(1) “Fire and other altered goods sale” is a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods…
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Fla. Stat. § 559.21
Regulation of sales
(1) A person may not publish or conduct any sale of the type herein defined without a permit therefor. Such permit shall be issued by the tax collector, upon written application and verified by the person who, or by an officer of the corporation which intends to conduct such sale. Such application shall contain a descr…
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Fla. Stat. § 559.22
Duties of permittee
A permittee under this part shall:(1) Make no additions whatsoever, during the period of authorized sale, to the stock of goods set forth in the inventory attached to the application for permit.(2) Specify the registration or permit number of the permit issued by the tax collector within any advertising of the sale.(3)…
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Fla. Stat. § 559.23
Fees
Upon filing an application for a permit to advertise and conduct a sale, or special sale, the applicant shall pay to the tax collector a fee in the sum of $50 which shall be deemed income of his or her office. If an application is disapproved, such payment shall be retained as and for the cost of investigating the stat…
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Fla. Stat. § 559.24
Enforcement
(1) Upon commencement of a sale, the permit issued shall be prominently displayed near the entrance to the premises. Duplicate originals of the application, the stock list pursuant to which the permit was issued, and the permit shall be forwarded to the tax collector, who may examine all merchandise in the premises for…
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Fla. Stat. § 559.25
Exemptions
The provisions of this part shall not apply to or affect the following persons:(1) Persons acting pursuant to an order or process of a court of competent jurisdiction.(2) Persons acting in accordance with their powers and duties as public officers such as sheriffs and marshals, and similar public officers.(3) Duly lice…
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Fla. Stat. § 559.26
Violations
(1) Any person who violates this part is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(2) A person who publishes an advertisement for a fire and other altered goods sale or going-out-of-business sale, which advertisement does not conform to the requirements specified…
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Fla. Stat. § 559.27
Tag required reflecting value of item offered for sale at auction
(1) At all auctions of goods at public outcry, the auctioneer or her or his agent shall place or cause to be placed upon each item to be offered at auction a tag showing the value attributed to the item at the time it is offered. Such tag shall remain affixed to the item and shall be delivered to the buyer along with t…
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Fla. Stat. § 559.3901
Short title
This act may be cited as the “Buying Services Act of 1991.”
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Fla. Stat. § 559.3902
Definitions
As used in this act, the term:(1) “Business day” means any day other than a Saturday, Sunday, or legal holiday.(2) “Buying service,” “buying club,” or “club” means any corporation, nonprofit corporation, partnership, unincorporated association, cooperative association, or other business enterprise which is organized wi…
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Fla. Stat. § 559.3903
Contracts of membership; right of cancellation; how exercised; entitlement to refund; right not waivable
(1) Any person who has elected to become a member of a club may cancel such membership by giving written notice of cancellation any time before 12 midnight of the third business day following the date on which membership was attained.(2) Notice of cancellation may be given personally or by mail. If given by mail, the n…
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Fla. Stat. § 559.3904
Contracts of membership; requirements; notice; effect of noncompliance
(1) A copy of a member’s contract, with all blank spaces filled in, shall be delivered to the member at the time the contract is signed.(2) Every contract shall be in writing, shall be signed by the member, shall designate the date on which the member signed the contract, and shall state, clearly and conspicuously in b…
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Fla. Stat. § 559.3905
Required disclosures; prohibited acts
(1) It shall be unlawful for any buying club to fail to disclose to a prospective member in writing, prior to the sale of any contract for buying services:(a) That goods or services can only be bought through catalogs with no opportunity to inspect samples if such is the case.(b) The buying club’s policies regarding wa…
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Fla. Stat. § 559.3906
Violations of act
A violation of this act shall be deemed an unfair or deceptive trade practice within the meaning of part II of chapter 501. Violators shall be subject to the penalties and remedies provided therein.
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Fla. Stat. § 559.541
Short title
Sections 559.541-559.548 may be cited as the “Florida Commercial Collection Practices Act.”
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Fla. Stat. § 559.542
Legislative intent
The Legislature finds that commercial collection practices in this state are not governed by the federal and state laws relating to the collection of consumer claims and that current criminal laws are inadequate to deal with certain unlawful and fraudulent activities specifically involving the collection of commercial…
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Fla. Stat. § 559.543
Definitions
As used in this part:(1) “Claim” or “commercial claim” means any obligation for the payment of money or its equivalent arising out of a transaction wherein credit has been offered or extended to any person, and the money, property, or service which was the subject of the transaction was primarily for commercial purpose…
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