Bill Text: FL S0526 | 2010 | Regular Session | Introduced

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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Status: (Introduced - Dead) 2010-03-18 - Withdrawn from Regulated Industries; Commerce; Judiciary; General Government Appropriations -SJ 00268; Withdrawn from further consideration -SJ 00268 [S0526 Detail]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

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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 must shall be in writing, must shall 
46  be signed by the member, must shall designate the date on which 
47  the member signed the contract, and must shall state, 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 must shall state that you do not wish 
56  to be bound by the contract and must shall be delivered or 
57  mailed before 12 midnight of the third business day after you 
58  sign this contract. The notice must shall be delivered or mailed 
59  to: (insert name and mailing address of club). If you cancel, 
60  the club will return, within 10 days after of the 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 is shall be unlawful for any buying club, travel 
95  buying club, or travel buying service to fail to disclose to a 
96  prospective member in writing, before prior to the sale of any 
97  contract for buying services: 
98         (a) That goods or services can only be 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, services for 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.