Fla. Admin. Code Ann. R. 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,
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
security reduction included in FDACS-10200 Sellers of Travel Registration
Application, Rev. 04/19, 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) 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 between $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 between $1, 000, 000 and $2, 000, 000,
may request to reduce its security to $20, 000.
(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 the Request for security reduction included in FDACS-10200 Sellers
of Travel Registration Application, Rev. 04/19, 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) Has not been in
operation for more than one year;
(b) None of its owners, directors, officers,
or general partners have had any civil, criminal, or administrative action
instituted against him in the vacation or travel business, and none of its
owners, directors, officers, or general partners have been affiliated with any
seller of travel that has had any civil, criminal, or administrative action
instituted against it in the vacation or travel business; and
(c) None of its owners, directors, officers,
or general partners have an unsatisfactory consumer complaint history with the
department or have been affiliated with any seller of travel that has had an
unsatisfactory consumer complaint history with the
department.
(4) The
department shall deny or revoke the security reduction if the seller of travel:
(a) Fails to timely register as a seller of
travel;
(b) Fails to timely post
security;
(c) Has an unsatisfactory
consumer complaint history with the department, or
(d) Violates any other provision of sections
559.926-.929, F.S., or this chapter.
(5) Claims against a bond shall be submitted
on FDACS-10212, Sellers of Travel Claim Affidavit, Rev. 02/17, 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, 2005 Apalachee Parkway, Tallahassee, Florida
32399-6500, or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-08467.
Notes
Rulemaking Authority 559.929(2), (3), 559.9355(3), 570.07(23) FS. Law Implemented 559.929 FS.
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, 7-11-19.
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