The purpose and effect of amendments to Rule 5J-9.002, F.A.C., are to adopt by reference changes to DACS Form 10200, Sellers of Travel Registration Package, Rev. 7/10, and DACS Form 10211, Sellers of Travel Independent Sales Agents Statement of ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services

Rule No.: RULE TITLE
5J-9.002: Registration, Document Submission
5J-9.006: Security Requirement
PURPOSE AND EFFECT: The purpose and effect of amendments to Rule 5J-9.002, F.A.C., are to adopt by reference changes to DACS Form 10200, Sellers of Travel Registration Package, Rev. 7/10, and DACS Form 10211, Sellers of Travel Independent Sales Agents Statement of Exemption, Rev. 07/10. The purpose and effect of amendments to Chapter 5J-9., F.A.C., are to adopt by reference changes to DACS Form 10200, Rev. 07/10, related to security requirements.
SUBJECT AREA TO BE ADDRESSED: The purpose and effect of amendments to Rule 5J-9.002, F.A.C., is to establish the official filing form for anyone who wants to operate as a seller of travel in Florida, or any seller of travel independent agent claiming an exemption from Florida’s registration requirement. The purpose and effect of amendments to Rule 5J-9.006, F.A.C., is to establish the official filing forms for seller of travel security requirements.
SPECIFIC AUTHORITY: 559.9355(3) FS.
LAW IMPLEMENTED: 559.928, 559.929 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Miriam S. Wilkinson, Assistant Director, phone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, phone [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

5J-9.002 Registration, Document Submission.

The following statement in bold print:

(1) Any person who intends to operate as a seller of travel shall submit form DACS Form 10200, Sellers of Travel R registration Package, effective 11/20/02, 11-20-02, Rev. 7/10, hereby incorporated by reference, along with the applicable non-refundable registration and fee specified by Section 559.928(2), F.S. Copies of this form may be obtained from the, to the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Sellers of Travel Section, 2005 Apalachee Parkway, Terry L. Rhodes Bldg. Building, Tallahassee, Florida 32399-6500,. or online at the following link: http://www.doacs.state.fl.us/onestop/forms/10200.pdf.

If the application is withdrawn or denied, the registration fee shall be retained by the Department to cover the administrative cost of implementing Sections 559-926-.939, Florida Statutes.

(2) Any independent agent person claiming an exemption from registration pursuant to the provisions of Section 559.928(3) 559.935(3), Florida Statutes, shall file an affidavit of exemption with the Department using form DACS Form 10211 10214, Sellers of Travel Independent Sales Agents Statement of Exemption, Rev. 7/10, effective 9/95, revised 3/03, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Sellers of Travel Section, 2005 Apalachee Parkway, Terry L. Rhodes Bldg. Building, Tallahassee, Florida 32399-6500,. or online at the following link: http://www.doacs.state.fl.us/onestop/forms/10211.pdf.

(3) No change.

Rulemaking Specific Authority 559.9355(3) FS. Law Implemented 559.928, 559.935(3) FS History–New 10-6-93, Amended 1-3-95, 6-4-95, 12-27-95, 2-11-98, 10-21-03,________.

 

5J-9.006 Security Requirements.

(1) If filing a bond, Letter of Credit, or Assignment of Certificate of Deposit pursuant to Section 559.929, F.S., the applicant shall use the applicable form included in DACS Form 10200, Seller of Travel Registration Package, Rev. 7/10. Prior to engaging in any activities as a seller of travel, each seller of travel shall file with the Department an original performance bond in an amount determined by subsection (2) below. The applicant shall use utilize the Surety Bond form Form, an example of which is included in form DACS 10200 Registration packet, effective 11/20/02, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Sellers of Travel Section, 2005 Apalachee Parkway, Terry L. Rhodes Building, Tallahassee, Florida 32399-6500.

(2) The amount of security for sellers of travel that do not offer vacation certificates shall be $25,000; however, the seller of travel may apply for a reduction by completing the Security Reduction Application, which is included in form DACS Form 10200 Sellers of Travel Registration Package, Rev. 7/10 packet, effective 11/20/02 hereby incorporated by reference. The sSeller of tTravel must also provide copies of its federal income tax return or an audited financial statement for the immediately preceding fiscal year. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Sellers of Travel Section, 2005 Apalachee Parkway, Terry L. Rhodes Building, Tallahassee, Florida 32399-6500.

To apply for a reduction of the required security, the seller of travel must have a satisfactory consumer complaint history with the Department. The amount of the security reduction shall be determined by the seller of travel’s dollar amount of gross annual sales., as follows: A business that has been in operation under the same ownership and control for at least one year with gross annual sales:

(a) Under $500,000, A business that has been in operation under the same ownership and control for at least one year with under $500,000 in gross annual sales may request to reduce its security to $10,000.

(b) A business that has been in operation under the same ownership and control for at least one year with gross annual sales Bbetween $500,000 and $1,000,000, may request to reduce its security to $15,000.

(c) A business that has been in operation under the same ownership and control for at least one year with gross annual sales Bbetween $1,000,000 and $2,000,000 may request to reduce its security to $20,000.

(3) The amount of security for a newly established business or a business under new ownership shall be $25,000; however, the seller of travel may apply to reduce its security to $10,000 by executing the Application for Reduction of Security Reduction Application included in form DACS Form 10200, Seller of Travel Registration Package, Rev. 7/10 packet. To be eligible for a reduction in security, a newly established seller of travel must meet the following requirements:

(a) through (c) No change.

(4) No change.

Rulemaking Specific Authority 559.9355(3) FS. Law Implemented 559.929(1) FS. History–New 2-8-94, Amended 6-4-95, 11-6-95, 12-27-95, 2-11-98, 10-21-03,________.