73-124; s. 3, ch. 78-199; s. 2, ch. File a security as required by s. 501.016 at the time of registration. A list of all telephone numbers to be used by the applicant, with the address where each telephone using these numbers will be located. Represent the quality of care, regularity of servicing, or general condition of a vehicle unless known by the dealer to be true and supportable by material fact. If a consumer requests a security freeze, the consumer reporting agency shall disclose to the consumer all information relevant to the process of instituting, temporarily lifting, and removing a security freeze and shall include the disclosure required by subsection (17). The technology used to comply with the requirements of this section is subject to all the requirements of chapter 610. Disclose the actual or estimated duration of the recommended weight-loss program. If a claimant initiates civil litigation, including arbitration, without first complying with this section, the court or arbitrator shall stay the action upon timely motion until the claimant complies with this section. 91-429; s. 66, ch. 2001-214; s. 19, ch. 93-38; s. 4, ch. The unique personal identification number or password provided by the consumer reporting agency pursuant to subsection (4). I of the State Constitution: Information that would otherwise reveal weaknesses in a businesss data security. 2003-261; s. 13, ch. Who does not accept payment for services that are to be rendered more than 30 days after the date of payment. Develop a program for registration of laser devices and uses and of identifying and controlling sources and uses of other nonionizing radiations. ss. Bar any cause of action or preclude the imposition of sanctions or penalties that would otherwise be available under state or federal law. A copy of the notice required under subsection (4) or an explanation of the other actions taken pursuant to subsection (4). s. 1, ch. 93-116; s. 7, ch. Any person who acts in accordance with the requirements of s. 865.09 is not in violation of s. 501.97, as created by this act, without actual misrepresentation as contemplated under this chapter. That is designed or intended by the parties to stop, avoid, or delay foreclosure proceedings against a homeowners residential real property. 97-103; s. 4, ch. 501.012-501.019 or the rules adopted thereunder. In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer or the repair facility, or both, shall clearly identify each such part. The written contract must contain an explanation of the purchasers rights under this section and a statement indicating when notice of cancellation should be sent. Includes at least 20 pages of written material and illustrations and is distributed in more than one state. The name of any parent or affiliated entity that: Will engage in a business transaction with the purchaser relating to any sale solicited by the applicant; or. Representative means the parent or legal guardian of a protected consumer, including a guardian appointed pursuant to s. 914.17. If a consumer reporting agency violates a security freeze placed in accordance with this section by releasing information subject to a security freeze without proper authorization, the consumer reporting agency shall, within 5 business days after discovering or being notified of the release of information, notify the representative of the protected consumer in writing. 2016-166; s. 33, ch. 501.206, 501.207 and 501.211. The term does not apply to: A person acting under the express authority or written approval of the United States Department of Housing and Urban Development or other department or agency of the United States or this state to provide foreclosure-related rescue services. Upon a second and any subsequent violation, a local government may impose a fine of up to $50 per violation. Labeling means the labels and any other written, printed, or graphic matter accompanying a package. A golf, tennis, or racquetball club in which sports play is the only activity offered by the club. Other forms of equitable relief, including injunctive relief. MORE: . Whether the applicant has worked for, or been affiliated with, a company that is involved in pending litigation or has had entered against it an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue, deceptive, or misleading representation or the use of any unfair, unlawful, or deceptive trade practice. Rental or sale of essential commodities during a declared state of emergency; prohibition against unconscionable prices. The department may, if required for the analysis of antifreeze by the department, require the applicant to furnish a statement of the formula of such antifreeze, unless the applicant can furnish other satisfactory evidence that such antifreeze is not adulterated or misbranded. If the user was deplatformed in violation of paragraph (2)(b), costs and reasonable attorney fees. A consumer reporting agency that willfully fails to comply with any requirement imposed under this section is subject to an administrative penalty in the amount of $500 for each violation, imposed by the department. The previous experience of the applicant as a commercial telephone seller or salesperson or as an entity providing substance abuse marketing services. Represent directly or indirectly that a vehicle is a demonstrator unless the vehicle complies with the definition of a demonstrator in s. 320.60(3). The term does not include an individual acting as a personal trainer. 91-237; s. 4, ch. Use or attempt to use any unfair trade practice in negotiating with a proprietor, or in retaliation for a proprietors failure or refusal to negotiate, with respect to a contract for the payment of royalties. A person who holds or is owed an obligation secured by a lien on any residential real property in foreclosure if the person performs foreclosure-related rescue services in connection with this obligation or lien and the obligation or lien was not the result of or part of a proposed foreclosure reconveyance or foreclosure-rescue transaction. Has failed to obtain required county or municipal occupational licenses. A notice placed on a protected consumers consumer report which prohibits a consumer reporting agency from releasing the consumer report, the credit score, or any information contained within the consumer report to a third party without the express authorization of the representative; or. All fees imposed pursuant to this section shall be deposited in the General Inspection Trust Fund for the administration of this section. State the name and address of the dealer. It shall be unlawful for any person who makes a telephonic sales call or causes a telephonic sales call to be made to intentionally alter the voice of the caller in an attempt to disguise or conceal the identity of the caller in order to defraud, confuse, or financially or otherwise injure the recipient of a telephonic sales call or in order to obtain personal information from the recipient of a telephonic sales call which may be used in a fraudulent or unlawful manner. 2006-71; s. 126, ch. The term does not include a salesperson as defined in subsection (11) or a person or entity operating under a valid affidavit of exemption filed with the department according to s. 501.608(1)(b) or exempted from this part by s. 501.604. However, as of January 2022, there are 10 states and US territories where surcharging is either illegal or have anti-credit card surcharging and convenience fee laws on the books. Whether the applicant has previously been convicted of, or is under indictment or information for, racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property. This section does not limit the departments ability to inspect and copy material pursuant to any other law. Any law, statute, rule, regulation, or ordinance which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices. The Legislature recognizes that it is preempted from passing any law that conflicts with federal patent law. If the health studio fails to make payment within 30 days, the department shall make a demand for payment upon the surety which includes an institution issuing a letter of credit or depository on a certificate of deposit. A program or facility that is offered by an organization for the exclusive use of its employees and their family members. 2012-67; s. 12, ch. A financial institution as defined in s. 655.005 or any depository institution as defined in 12 U.S.C. Enforcing authority means the Department of Agriculture and Consumer Services or the office of the state attorney if a violation of this part occurs in or affects the judicial circuit under the jurisdiction of the office of the state attorney. A person who is willfully using, or has willfully used, a method, act, or practice in violation of this part directed at a military servicemember or the spouse or dependent child of a military servicemember is liable for a civil penalty of not more than $15,000 for each such violation if she or he knew or should have known that her or his conduct was unfair or deceptive. Copyright owner means the owner of a copyright of a nondramatic musical work, other than a motion picture or other audiovisual work, recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Pub. You have the right to bring a civil action against anyone, including a consumer reporting agency, who fails to comply with the provisions of s. 501.005, Florida Statutes, which governs the placing of a consumer report security freeze on your consumer report. 2001-214. For proceedings conducted pursuant to ss. 1, 2, 3, 4, 5, 6, ch. 91-237; s. 4, ch. Commercial recording or audiovisual work means a recording or audiovisual work whose owner, assignee, authorized agent, or licensee has disseminated or intends to disseminate such recording or audiovisual work for sale, for rental, or for performance or exhibition to the public, including under license, but does not include an excerpt consisting of less than substantially all of a recording or audiovisual work. YOU MAY CANCEL THIS TRANSACTION AT ANY TIME BEFORE 5:00 P.M. OF THE THIRD BUSINESS DAY FOLLOWING RECEIPT OF THIS NOTICE. 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. The date of the agreement may not be earlier than the date the homeowner signed the agreement. The notice of cancellation from the consumer terminates automatically the consumers obligation to any entity to whom the health studio has subrogated or assigned the consumers contract.

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