Bill Text: FL S0526 | 2010 | Regular Session | Introduced
Bill Title: Travel Buying Clubs and Travel Buying Services [CPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-03-18 - Withdrawn from Regulated Industries; Commerce; Judiciary; General Government Appropriations -SJ 00268; Withdrawn from further consideration -SJ 00268 [S0526 Detail]
Download: Florida-2010-S0526-Introduced.html
Florida Senate - 2010 SB 526 By Senator Fasano 11-00464-10 2010526__ 1 A bill to be entitled 2 An act relating to travel buying clubs and travel 3 buying services; amending s. 559.3903, F.S.; 4 authorizing a person who has elected to become a 5 member of a travel buying club or travel buying 6 service to cancel the membership within a specified 7 period; requiring the travel buying club or travel 8 buying service to hold in escrow the membership fee 9 paid by the person until the end of the cancellation 10 period; amending s. 559.3904, F.S.; requiring that 11 every contract for a travel buying club or travel 12 buying service be in writing, be signed by the member, 13 designate the date on which the member signed the 14 contract, and state, clearly and conspicuously in 15 boldfaced type, specified information regarding 16 cancellation of the contract; amending s. 559.3905, 17 F.S.; requiring each buying club, travel buying club, 18 or travel buying service to disclose to each 19 prospective member in writing, before signing a 20 contract for buying services, all complaints filed 21 with the Department of Agriculture and Consumer 22 Services and the Department of Legal Affairs; amending 23 s. 559.927, F.S.; redefining the term “seller of 24 travel” for purposes of part XI of ch. 559, F.S., to 25 include travel buying clubs and travel buying 26 services; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Subsection (6) is added to section 559.3903, 31 Florida Statutes, to read: 32 559.3903 Contracts of membership; right of cancellation; 33 how exercised; entitlement to refund; right not waivable.— 34 (6) Any person who has elected to become a member of a 35 travel buying club or travel buying service may cancel the 36 membership by giving written notice of cancellation any time 37 before 12 midnight of the 30th business day following the date 38 on which membership was attained. Any membership fee paid by the 39 person must be held in escrow by the travel buying club or 40 travel buying service until the end of the cancellation period. 41 Section 2. Subsection (2) of section 559.3904, Florida 42 Statutes, is amended to read: 43 559.3904 Contracts of membership; requirements; notice; 44 effect of noncompliance.— 45 (2)(a) Every contract mustshallbe in writing, mustshall46 be signed by the member, mustshalldesignate the date on which 47 the member signed the contract, and mustshallstate, clearly 48 and conspicuously in boldfaced type of a minimum size of 14 49 points, the following: 50 “MEMBER’S RIGHT TO CANCEL 51 52 If you wish to cancel this contract, you may cancel by 53 delivering or mailing a written notice to the club. To prove 54 that you canceled, it is recommended that you send the notice by 55 certified mail. The notice mustshallstate that you do not wish 56 to be bound by the contract and mustshallbe delivered or 57 mailed before 12 midnight of the third business day after you 58 sign this contract. The notice mustshallbe delivered or mailed 59 to: (insert name and mailing address of club). If you cancel, 60 the club will return, within 10 days afterofthe date on which 61 you give notice of cancellation, a total refund. It is 62 recommended that you mail the notice of cancellation by 63 certified mail, return receipt requested; check with your post 64 office as to the time when you will be able to mail a certified 65 letter. Be sure to keep a photocopy of the notice of 66 cancellation which you mail.” 67 (b) Every contract for a travel buying club or travel 68 buying service must be in writing, must be signed by the member, 69 must designate the date on which the member signed the contract, 70 and must state, clearly and conspicuously in boldfaced type of a 71 minimum size of 14 points, the following: 72 “MEMBER’S RIGHT TO CANCEL 73 74 If you wish to cancel this travel buying club contract or 75 travel buying service contract, you may cancel by delivering or 76 mailing a written notice to the club. To prove that you 77 canceled, it is recommended that you send the notice by 78 certified mail. The notice must state that you do not wish to be 79 bound by the travel buying club or travel buying service 80 contract and must be delivered or mailed before 12 midnight of 81 the 30th business day after you sign this contract. The notice 82 must be delivered or mailed to: (insert name and mailing address 83 of club). If you cancel, the travel buying club or travel buying 84 service will return, within 10 days after the date on which you 85 give notice of cancellation, a total refund. It is recommended 86 that you mail the notice of cancellation by certified mail, 87 return receipt requested; check with your post office as to the 88 time when you will be able to mail a certified letter. Be sure 89 to keep a photocopy of the notice of cancellation which you 90 mail.” 91 Section 3. Subsection (1) of section 559.3905, Florida 92 Statutes, is amended to read: 93 559.3905 Required disclosures; prohibited acts.— 94 (1) It isshall beunlawful for any buying club, travel 95 buying club, or travel buying service to fail to disclose to a 96 prospective member in writing, beforeprior tothe sale of any 97 contract for buying services: 98 (a) That goods or services canonlybe bought only through 99 catalogs with no opportunity to inspect samples if such is the 100 case. 101 (b) The buying club’s policies regarding warranties or 102 guarantees on goods ordered, return of ordered goods by buyers, 103 procedures for cancellation of merchandise orders by the buyer, 104 and refunds of deposits for the cancellation of orders. 105 (c) Any charges, such as estimated freight costs, handling 106 fees, credit life or disability insurance, suppliers’ and buying 107 clubs’ markup, and other costs incidental to the purchase of 108 goods through the buying club and which are to be paid by the 109 buyer. 110 (d) Advice that the contract for buying service or 111 incidental retail installments contracts will be transferred, 112 sold, or assigned to a third party if such practice is the case. 113 (e) The percentage of the purchase price required as a down 114 payment on merchandise orders of any nature. This prohibition 115 applies in all cases where rebates are offered, regardless of 116 whether such promised rebates are contingent upon the seller’s 117 ability to enroll the referred persons into the buying club. 118 (f) All complaints that have been filed with the Department 119 of Agriculture and Consumer Services and the Department of Legal 120 Affairs with respect to that buying club, travel buying club, or 121 travel buying service. 122 Section 4. Subsection (11) of section 559.927, Florida 123 Statutes, is amended to read: 124 559.927 Definitions.—For the purposes of this part, the 125 term: 126 (11) “Seller of travel” means any resident or nonresident 127 person, firm, corporation, or business entity who offers for 128 sale, directly or indirectly, at wholesale or retail, 129 prearranged travel, tourist-related services, or tour-guide 130 services for individuals or groups, including, but not limited 131 to, vacation or tour packages, or vacation certificates in 132 exchange for a fee, commission, or other valuable consideration. 133 The term includes any business entity offering membership in a 134 travel club, travel buying club, or travel buying service, as 135 described in s. 559.3902,servicesfor an advance fee or 136 payment, even if no travel contracts or certificates or vacation 137 or tour packages are sold by the business entity. 138 Section 5. This act shall take effect July 1, 2010.
