§ 20-160. Definitions.

The following words when used in this division shall have the following meanings ascribed to them unless the text otherwise requires and specifies a different meaning:

(a)

Board shall mean the Consumer Protection Board of Broward County, Florida.

(b)

Code shall mean the Broward County Consumer Protection Code as established by this division.

(c)

Consumer shall mean a purchaser, his or her agent, lessee or prospective purchaser, or lessee, of consumer goods or services or consumer credit, including a co-obligor or surety.

(d)

Consumer goods, services, credit and debts shall mean goods, services, credit and debts which are primarily for personal, household or family purposes.

(e)

Director shall mean the executive director of the Broward County Consumer Affairs Division.

(f)

Merchant, vendor or supplier means a seller, lessor, creditor or any person who makes available, either directly or indirectly, goods, services or credit to consumers. "Merchant, vendor or supplier" shall include manufacturers, wholesalers and others who are responsible for any deceptive trade acts or practices defined in this division.

(g)

Order shall mean a cease and desist order issued by the Broward County Consumer Protection Board.

(h)

Person shall be construed to mean both plural and singular as the case demands and shall include, where applicable, individuals, partnerships, corporations, companies, trusts, societies associations and any other legal entity whatsoever.

(i)

Unfair or deceptive trade acts or practices shall include but are not limited to the following:

(1)

Representations that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or qualities which they do not have;

(2)

Representations that a person, supplier or vendor has a sponsorship, approval, status, affiliation or connection which such person does not have;

(3)

Representations that goods are original or new if in fact they are not, or if they are deteriorated, altered, reconditioned, reclaimed or secondhand;

(4)

Representations that goods or services are of a particular standard, brand, quality, style, character or model, if they are of another;

(5)

Representations or designations of deception of geographic origin in connection with goods or services;

(6)

Representations that goods or services are those of another if they are not;

(7)

Advertising goods or services not sold as advertised;

(8)

Advertising goods or services without supplying reasonable expectable public demand, unless the advertisement discloses a "limitation of quantity" with actual quantity available;

(9)

Making false or misleading statements concerning the need for, or necessity of, any goods, services, replacement or repairs;

(10)

Disparaging the goods, services or business of another by false or misleading representations of fact;

(11)

Making false or misleading statements of fact concerning the reasons for existence of, or amounts of, price reductions;

(12)

Failing to return or refund deposits or advance payments for goods not delivered or services not rendered, when no default or further obligation of persons making such deposits or advance payments exists;

(13)

Taking consideration for goods or services without delivering such goods or performing such services, or delivering goods or providing services materially different from those ordered or sold;

(14)

Offering gifts, prizes, free items or other gratuities, without providing them as offered in connection with a sale of goods or services to a consumer;

(15)

Making false or misleading statements concerning the existence, terms or probability of any rebate, additional goods or services, commission, discount offered as an inducement for the sale thereof;

(16)

Using physical force, threat of physical force or coercion in dealing with consumers;

(17)

A sale or an offer for a sale of any property or services which is contingent upon a concurrent purchase of any other property or service, unless clearly spelled out in the advertisement;

(18)

A rate of advertisement of any motel, hotel, apartment, rooming house or any other room accommodations of any nature or kind whatever if such accommodations are not, in fact, available at the advertised rate at the time advertised; it is the specific intent of this subsection that such advertised accommodations be not fully occupied and that they be available for rent or lease at the time advertised;

(19)

Failure to promptly notify customers of hazardous manufacturing defects and repairing or replacing same at no cost to the customer;

(20)

Failure of the landlord of rental apartments or mobile home parks to disclose to a tenant the requirements set forth in Chapter 83, F.S. and chapter 2-11 of the Florida Administrative Code;

(21)

Failure of a landlord to maintain the premises in substantial compliance with all applicable building, housing and health codes;

(22)

Abuse by a landlord of a person's right to access of dwelling unit;

(23)

Failure of a landlord to perform or commit any acts contrary to representations made to a tenant through disclosures required by law;

(24)

Retaliatory conduct of a landlord against a tenant;

(25)

Failure to comply with an order of the board to promptly return or refund moneys which have been determined by the board to represent quantifiable damages due and owing following a finding by the board that said moneys were obtained as the result of any unfair or deceptive trade act or practice; quantifiable damages are those damages which will compensate the consumer for the direct and immediate monetary loss sustained the consumer for the direct and immediate monetary loss sustained from any unfair or deceptive trade act or practice;

(26)

Practicing, advertising for or in any way engaging in any trade, occupation or profession that requires the possession of a state license or registration or a county certificate of competency in that trade, occupation or profession, without the possession of such license, registration or certificate, at the required time provided for in the applicable law, regulation or ordinance; it shall be prima facie evidence of practicing and engaging in a trade, occupation or profession, to enter into a written contract for, or take or receive money or anything of consideration for, the performance of work in the trade, occupation or profession;

(27)

Failure to comply with a board order to refund any moneys paid, collected or received following a finding by the board that a violation of any provision of section 20-160(i)(26) or (35) has occurred;

(28)

Failure of any merchant or vendor who offers appliances for sale to set forth the applicable model year on the price tag of each appliance and upon a sale, on the sales receipt given to the consumer;

(29)

Selling goods or merchandise by means of registering the sale prices on a cash register or other registering device without making the sale price of each item register in clearly observable view of any purchaser or purchaser's agent who is present;

(30)

Selling goods by weight through the use of a weighing device without making the weight of the goods register in clearly observable view of any purchaser or purchaser's agent who is present.

(31)

Practicing, advertising for, or in any way engaging in, or permitting any other person to engage in the professions of barbering or cosmetology requiring the possession of a current and valid license from the State of Florida, as required by Chapter 476, F.S. and Chapter 477, F.S., without the possession of such license at the required time provided for in the applicable law. Taking or receiving money, or anything of consideration, for the performance of work in that profession shall be prima facie evidence of practicing and engaging in a profession that requires an appropriate State license.

(32)

Failure of a motor vehicle repair facility, as defined in section 20-176.38 or 20-176.72, to comply with all applicable provisions of the Florida Motor Vehicle Repair Act (§ 559.901, F.S. et seq.);

(33)

Failure of a motor vehicle repair facility, as defined in section 20-176.38 or 20-176.72, to note legibly on a written repair estimate that a customer authorized additional repair work or additional charges. The notation shall specify the date and time of authorization, the additional amount of money authorized by a customer to be spent on the repairs, the names of the persons who made and received the authorization, and a description of the additional work authorized. This subsection applies only in the event that a motor vehicle repair facility provides a written estimate to a customer and:

a.

The written repair estimate contains only an estimate for diagnostic work necessary to estimate the cost of repair and such diagnostic work has been completed;

b.

A determination is made by a motor vehicle repair facility that the actual charges for the repair will exceed the written estimate by more than ten dollars ($10.00) or ten (10) percent, whichever is greater, but not to exceed fifty dollars ($50.00); or

c.

An implied partial waiver exists for diagnostic work, as described in § 559.905(5), F.S., and such diagnostic work has been completed.

(34)

Selling, causing to be sold, or promoting the sale of any residential or commercial habitable structure located in Broward County, the permit for which was applied for after August 24, 1992 and prior to September 1, 1994, without including in the contract for such sale, or in a rider to such contract, and in all pamphlets, fliers, and circulars used to market the sale of such structures, the following disclosure in not less than ten-point bold-face type:

THIS RESIDENTIAL OR COMMERCIAL HABITABLE STRUCTURE WAS CONSTRUCTED PURSUANT TO A BUILDING PERMIT APPLIED FOR PRIOR TO SEPTEMBER 1, 1994. AS A RESULT, THE CONSTRUCTION OF SUCH STRUCTURE WAS NOT REQUIRED TO MEET CERTAIN POST-HURRICANE ANDREW AMENDMENTS TO THE SOUTH FLORIDA BUILDING CODE.

Notwithstanding the foregoing, this subsection shall not apply to sales of used residential habitable structures owned by individuals where such owners are natural persons not affiliated with any business entity in connection with such sale.

(35)

Engaging in any activity requiring the possession of a current and valid certificate or license issued by the Consumer Affairs Division, as required by Broward County Code Section 20-176.16, 20-176.41, 20-176.75, 20-176.92, 20-176.114, 22½-2, or 22½-3, without the possession of such certificate or license at the required time provided for in the applicable law. Taking or receiving money, or anything of consideration, for engaging in any such activity shall be prima facie evidence of engaging in an activity that requires an appropriate County certificate or license.

(Ord. No. 81-77, § 2, 8-11-81; Ord. No. 82-37, § 1, 7-15-82; Ord. No. 86-66, § 1, 12-9-86; Ord. No. 87-9, § 1, 3-10-87; Ord. No. 89-28, § 1, 7-11-89; Ord. No. 90-16, § 1, 7-10-90; Ord. No. 91-45, § 1, 11-12-91; Ord. No. 95-43, § 1, 10-24-95; Ord. No. 1997-28, § 1, 7-8-97; Ord. No. 1999-19, § 3, 4-27-99)