The Sellers of Travel law requires any person or business who is a seller or promoter of travel related services to register annually with the Department, unless exempt. Sellers of Travel are required to provide proof of assurance in the form of a performance bond, in an amount not to exceed $25,000, or $50,000 if they sell vacation certificates. The Department is authorized to collect registration fees and impose penalties for non-compliance of the law.
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Sellers of Travel
Travel Independent Sales Agents
- ss. 559.926 – 559.939, Florida Statutes (F.S.)
- Chapter 5J-9, Florida Administrative Code
On the FAC site, please select "latest version" to view the rules
Frequently Asked Questions
What is a Seller of Travel?
A Seller of Travel is any resident or nonresident person, firm, corporation, or business entity who offers for sale, directly or indirectly, at wholesale or retail, prearranged travel or tourist-related services for individuals or groups, through vacation or tour packages, or through vacation certificates in exchange for a fee, commission, or other valuable consideration. The term includes any business entity offering membership in a travel club or travel service for an advance fee or payment, even if no travel contracts or certificates or vacation or tour packages are sold by the business entity.
Who is required to register?
Any seller of travel that has a business location in Florida or that offers to sell travel related services to persons in Florida for individuals or groups. As of July 1, 2008, an annual filing fee of $50 is required for each independent sales agent (s.559.928, F.S.).
Persons who have contracted with the Airlines Reporting Corporation (ARC) for 3 years or more under the same ownership and control are not required to register but must have a statement of exemption issued by the Department in order to obtain an occupational license. Sellers of travel that offer vacation certificates, must have contracted with ARC for 5 years or more, under the same ownership and control, to qualify for this exemption.
What is required for registration?
Sellers of Travel that DO NOT offer vacation certificates, must submit a completed registration form, $300 non-refundable fee and proof of assurance in the form of a Surety Bond in an amount not to exceed $25,000.
A Seller of Travel that DOES offer vacation certificates, must submit a completed registration form, $300 non-refundable fee, $100.00 document submission fee and proof of assurance in the form of a Surety Bond in an amount not to exceed $50,000.
Your registration will be denied if:
- Registration form and fee are NOT supplied, OR
- Surety Bond is NOT completed properly. (Seals, signatures by principal and witnesses are missing) Power of Attorney is not included with Surety Bond, OR
- Original documents for Surety Bond must be submitted.
COPIES WILL NOT BE ACCEPTED
What are the annual fees for Sellers of Travel?
Vacation Certificate Document Submission fee: $100.00 (Additional fee ONLY if offering vacation certificates.)
ALL FEES ARE NON-REFUNDABLE
How long is the registration in effect?
All registrations are valid for one year, beginning the day the certificate is issued, unless suspended or revoked for cause.
What are the penalties for failure to register?
Civil or administrative fines of up to $5,000 for each violation, cease and desist order, and injunctive relief. Each sale or attempted sale may be considered a separate violation.
Is any public notice and disclosure required by this law?
Registered Sellers of Travel must include the following phrase in their contracts:
- '...(NAME OF FIRM)... is registered with the State of Florida as a Seller of Travel Registration NO. .'
Each advertisement of a Seller of Travel MUST include the phrase:
- 'Fla. Seller of Travel Reg. No. .'
In addition, all registered Sellers of Travel shall prominently display in the Seller of Travel's place of business, including branch offices, the certificate issued by the Department of Agriculture and Consumer Services.
How long does a Seller of Travel have to file a security?
The security is renewed ANNUALLY. Persons who have been in the travel business for 5 or more consecutive years in compliance with Florida law may apply to the Department for a waiver of the security by filing an Application for Security Waiver and providing the necessary documentation.
How long does the Department hold my security?
Florida Law gives consumers the right to file a claim against the security provided by a business, the claim must be made in writing to the Department within 120 days after an alleged injury has occurred or is discovered to have occurred. In response to this, the Department may retain security for an appropriate amount of time.
What happens if I fail to timely renew the bond or registration?
Continued operation with an expired registration or bond will result in legal action by the Department which may include injunctive relief, order to cease and desist, and civil or administrative fines of up to $5,000 per violation.
How long does the Department have to review an application for registration?
The Department must notify the applicant of any deficiencies within 30 days.
What do Sellers of Travel claiming exemption from the registration requirements under s. 559.935, F.S., need to do?
Sellers of Travel claiming an exemption must obtain a letter of exemption from the Department. To obtain the letter of exemption, the Seller of Travel must provide sufficient documentation to the Department supporting the exemption.
Are non-profit corporations exempt from registration under the Seller of Travel Law F.S. 559.927?
Not specifically as a group; the only exemptions which are recognized under the law are contained in Section 559.935, F.S.
Do travel clubs have to comply with the Sellers of Travel law?
Yes, including the vacation certificate provisions. The definition of a Seller of Travel states: The term includes any business entity offering membership in a travel club or travel services.
Are there any additional requirements for sellers of vacation certificates?
Sellers of travel who offer vacation certificates, wholesale or retail, MUST ANNUALLY submit the documents required under s.559.9295, F.S., including a copy of the contract in compliance with 559.932, F.S. and pay an additional fee of $100. Additionally they must submit the materials listed in s.559.9295, F.S. anytime the documents are changed.
If you have any questions, please contact us:
1-800-HELP-FLA (435-7352) Calling from Florida
850-410-3800 Calling from outside of Florida
Terry Rhodes Building
2005 Apalachee Parkway
Tallahassee, FL 32399-6500
Map to the office