Registration, Document Submission, Security Requirement

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5J-9.002Registration, Document Submission

5J-9.006Security Requirement

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 60, March 27, 2019 issue of the Florida Administrative Register.

5J-9.002 Registration, Document Submission.

(1) Any person who intends to operate as a seller of travel shall submit FDACS-10200, Sellers of Travel Registration Application, Rev. 04/19 02/19, hereby incorporated by reference, along with the applicable non-refundable registration fee specified by subsection 559.928(2), F.S., to the department at the time of registration. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Sellers of Travel, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-     . Businesses may also apply or renew their license online at www.FreshFromFlorida.com.

(2) through (4) No change.

Rulemaking Authority 559.9355(3), 570.07(23) FS. Law Implemented 559.928, 559.9295(16), 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, 3-29-12, 4-5-15, 7-26-17,             .

 

5J-9.006 Security Requirement.

(1) 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 utilize the Surety Bond form, included in FDACS-10200 Sellers of Travel Registration Application, Rev. 04/19 02/19, incorporated by reference in Rule 5J-9.002, F.A.C.

(2) The amount of the 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 Request for sSecurity rReduction Application included in FDACS-10200 Sellers of Travel Registration Application, Rev. 04/19 02/19, incorporated by reference in Rule 5J-9.002, F.A.C., and providing copies of its federal income tax return or an audited financial statement for the immediately preceding fiscal year. To qualify for reduction of the security, the seller of travel must have a satisfactory consumer complaint history. The amount of the security reduction shall be determined by the seller of travel’s dollar amount of gross annual sales, as follows:

(a) through (c) No change.

(3) The amount of the 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 completing submitting the Request for sSecurity rReduction Application included in FDACS-10200 Sellers of Travel Registration Application, Rev. 04/19 02/19, incorporated by reference in Rule 5J-9.002, F.A.C. To be eligible for a reduction in security, a newly established seller of travel must meet the following criteria:

(a) through (c) No change.

(4) No change.

(5) If filing a bond pursuant to Section 559.929, F.S., the applicant shall use the form included in FDACS-10200, Sellers of Travel Registration Application, Rev. 02/19, incorporated by reference in Rule 5J-9.002, F.A.C.

(5)(6) No change.

Rulemaking Authority 559.929(2), (3), 559.9355(3), 570.07(23) FS. Law Implemented 559.929 FS. History–New 2-8-94, Amended 6-4-95, 11-6-95, 12-27-95, 2-11-98, 10-21-03, 4-5-15, 7-26-17,               .