Surety Bond Encyclopedia

Seller of Travel Bond - Statewide in Florida

Brief Summary

Your Florida seller of travel bond is not set by your sales volume. It follows the category you certify under F.S. 559.9285 and whether you sell vacation certificates. A seller with no travel business involving a terrorist state certifies in the lowest category, where the bond is up to $25,000, so check your certification before you order a bond larger than you need.

Florida sellers of travel register annually with the Department of Agriculture and Consumer Services, and the application must include a performance bond under F.S. 559.929. The amount depends on the business activity category certified under F.S. 559.9285 and rises when the seller offers vacation certificates, from up to $25,000 in the lowest category to $300,000 in the highest. The bond is in favor of the department for the benefit of consumers injured by fraud, misrepresentation, breach of contract, financial failure or other violations.

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How to Apply for a Seller of Travel Bond:

Decide which s. 559.9285 category you will certify and whether you will offer vacation certificates.
Check whether an exemption in s. 559.935 applies, including the Airlines Reporting Corporation exemption.
Confirm the bond amount the department sets for your category.
Apply for the performance bond in the exact name on the registration.
Have the bond executed on the form adopted by department rule, in favor of the Florida Department of Agriculture and Consumer Services.
File the bond with the annual registration and the $300, $1,000 or $2,500 fee for your category.

Detailed Information About the Florida Seller of Travel Bond:

The bond follows your certification category

Every registrant certifies its business activities each year under F.S. 559.9285. The categories turn on travel originating in Florida that goes directly to a terrorist state.

Category (a) covers sellers that do not sell that travel. Their bond is up to $25,000, or $50,000 if they offer vacation certificates. Registration is $300 a year.

Category (b) covers sellers that sell only that travel and have no other business dealings with a terrorist state. Their bond is up to $100,000, or $150,000 with vacation certificates. Registration is $1,000 a year.

Category (c) covers sellers that sell that travel and also have other business dealings with a terrorist state. Their bond is up to $250,000, or $300,000 with vacation certificates. Registration is $2,500 a year.

A vacation certificate is an arrangement or advance travel purchase that entitles the buyer to travel, lodging or facilities during a set period without designating specific dates.

Who is exempt

F.S. 559.935 exempts, among others, bona fide employees working solely for a seller of travel, common carriers, hotels and other public accommodations booking within Florida, businesses arranging travel only for their own people and related entities, approved timeshare developers and exchange companies, and dive operators selling dive related trips. Sellers that issue airline tickets directly and have contracted with the Airlines Reporting Corporation for the most recent three consecutive years under the same ownership and control, do not offer vacation certificates and certify annually are also exempt. With vacation certificates, the ARC period is five years. An exempt seller must obtain a letter of exemption from the department, or file an affidavit by certified mail, before a local business tax receipt can be issued.

The five year waiver

The department may waive the bond one year at a time for a seller with five or more consecutive years in Florida in compliance with the law, no disqualifying governmental actions and a satisfactory complaint history. Sellers certifying under category (b) or (c) are not eligible, and the waiver can be revoked after a violation.

Eligibility and Requirements for a Florida Seller of Travel Bond:

Annual registration with the Florida Department of Agriculture and Consumer Services under s. 559.928.
Annual certification of business activities, with an amended certificate within 15 days of any change.
Performance bond amount tied to the certified category and vacation certificate sales.
Bond in favor of the department for the use and benefit of injured consumers.
Bond on the department's prescribed form.

Florida Seller of Travel Bond FAQs:

How much is the Florida seller of travel bond?

It depends on your certification category under s. 559.9285. Category (a) is up to $25,000, category (b) up to $100,000 and category (c) up to $250,000. Offering vacation certificates raises those to $50,000, $150,000 and $300,000.

Does my revenue change the bond amount?

The statute ties the amount to your certified category and whether you sell vacation certificates, not to revenue.

Can I get out of the bond after years in business?

Possibly. The department may grant an annual waiver to a category (a) seller with five or more consecutive compliant years in Florida, no disqualifying actions and a satisfactory complaint history. Category (b) and (c) sellers cannot get the waiver.

I am an ARC accredited agency. Am I exempt?

You may be, if you issue airline tickets directly, have contracted with ARC for the most recent three consecutive years under the same ownership and control, do not offer vacation certificates and certify annually. If you sell vacation certificates the ARC history must be five years. You still need a letter of exemption or a filed affidavit.

Who is protected by the bond?

Consumers. The bond runs in favor of the department for the use and benefit of a consumer injured by the seller's fraud, misrepresentation, breach of contract, financial failure or other violation of the seller of travel law.