Senate Bill 0900

    Florida Senate - 1998                                   SB 900

    By Senator McKay





    26-661-98

  1                      A bill to be entitled

  2         An act relating to sales at flea markets;

  3         requiring persons selling certain products to

  4         have authorization from the manufacturer or

  5         distributor; providing a definition; providing

  6         penalties; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  (1)  Food manufactured and packaged for

11  consumption by children under the age of 2 years; drugs,

12  cosmetics, and medical services; and any product with an

13  expiration date may be sold at flea markets only by authorized

14  manufacturers' or distributors' representatives.

15         (2)  Any person who sells products covered by this

16  section must have on his person written proof of authorization

17  from the manufacturer or distributor for the public sale of

18  the products. The authorization must include the seller's name

19  and may include the expiration date. 

20         (3)  As used in this section, the term "flea market"

21  means a location other than a permanent retail store at which

22  space is rented to transient or limited vendors.

23         (4)  This section does not apply to vendors who sell by

24  sample, catalog, or brochure for future delivery or to persons

25  who make sales presentations pursuant to an invitation from

26  the owner or occupant of the premises.

27         (5)  Any person who violates this section or who

28  presents false, forged, or fraudulently obtained

29  authorizations shall be fined $100 for each violation.

30         Section 2.  This act shall take effect July 1, 1998.

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 900
    26-661-98




  1            *****************************************

  2                          SENATE SUMMARY

  3    Requires persons selling at flea markets food
      manufactured for children under the age of two; drugs,
  4    cosmetics, and medical services; or products with
      expiration dates to have written authorization from the
  5    manufacturer or distributor. Provides penalties and an
      exception.
  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2