Palm Beach County, Florida
CONSUMER AFFAIRS ORDINANCE NO. 77-10

(1) Representations that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have;

(2) Representations that a person or supplier has a sponsorship, approval, status, affiliation or connection which he or she 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 second-hand;

(4) Representations that goods are of a particular standard, brand, quality, style, or model, if they are of another;

(5) Representations that goods or services are those of another, if they are not;

(6) Using deceptive representations or designations of geographic origin in connection with goods or services;

(7) Advertising goods or services intending not to sell them as advertised;

(8) Advertising goods or services with intent not to supply reasonable expectable public demand, unless the advertisement discloses a limitation of quantity;

(9) Making false or misleading statements concerning the need for, or necessity of, any goods, services, replacements, 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 the 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 intending not to deliver such goods or perform such services, or intending to deliver goods or provide service materially different from those ordered or sold;

(14) Making false or misleading statements concerning the profitability, risk, or any other material aspect of any home-operated business opportunity or venture;

(15) Offering gifts, prizes, free items, or other gratuities, intending not to provide them as offered in connection with a sale of goods or services to a consumer;

(16) 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 of goods or services;

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

(18) Any violation of the Florida Deceptive and Unfair Trade Practices Act, Section 501.201 et seq., Florida Statutes;

(19) Advertising, representing, or offering for sale an article of food or food product as "kosher" or having the word "kosher" in any language inscribed thereon if such food is not in fact kosher as sanctioned by orthodox Hebrew religious requirements, and

(20) Selling or exposing for sale in any hotel, restaurant or other place where food products are sold for consumption on the premises, any meat or meat preparation, or article of food, or food preparation falsely representing the same to be kosher or as having been prepared in accordance with the orthodox Hebrew religious requirements when the meat or meat preparation, article of food or food preparation is not kosher or not prepared in accordance with orthodox Hebrew religious requirements; or selling or exposing for sale in such hotel, restaurant or such other place kosher and non-kosher food or food preparation, the latter having not been prepared in accordance with Jewish ritual or not sanctioned by the Hebrew orthodox religious requirements and failing to conspicuously display a sign or other public notice in block letters at least four inches in height "kosher and non-kosher food served here;" or displaying within or outside such hotel, restaurant or other place, words or letters in Hebraic characters or any sign, emblem, insignia symbol or mark in simulation of same, the display of which might reasonably be calculated to deceive or lead a reasonable person to believe that a representation is being made that all food sold or offered for sale on the premises is kosher and prepared in accordance with the orthodox Hebrew religious requirements if such is not true of all the food products sold on the premises.

(1) At least one (1) member shall be an attorney, licensed to practice in the State of Florida, who shall be a member of the Palm Beach County Bar Association.

(2) At least one (1) member shall be a business-person, or retired businessperson, who may be recommended to the Board of County Commissioners by any Chamber of Commerce in Palm Beach County.

(3) At least one (1) member shall be a certified general, building or residential contractor, who resides and does business in Palm Beach County. This individual should be knowledgeable of home building and may be recommended to the Board of County Commissioners by the Home Builders and Contractors Association, the Associated Builders and Contractors Association, the Florida Atlantic Builders Association, Association of General Contractors of America, or a similar organization.

(4) At least one (1) member, who may be retired, who is a resident of Palm Beach County with at least five (5) years experience in the operation or management of a business.

(5) At least three (3) members shall be residents of Palm Beach County interested in Consumer Affairs, and

(6) The remaining two (2) members may be selected on the basis of their expertise or knowledge in technical fields relating to consumer transactions. Examples of individuals with such expertise would include persons with experience in the Plumbing and Air-conditioning Contractors Industry Fund, the Florida Electronic Service Agents, the electrical industry, the automotive industry or similar industry.

(1) To carry out the adjudicatory functions pertaining to alleged unfair or deceptive trade acts or practices as provided for in Section 11 of this Ordinance;

(2) To assist, advise and cooperate with the Board of County Commissioners and local, state and federal agencies and officials to protect the interests of the consumer public;

(3) To render decisions or take action in the name of the Board only upon approval of a majority of the quorum of members of said Board;

(4) To hear appeals by persons aggrieved by actions of the Office of Consumer Affairs not already referred to the State Attorney for criminal prosecution. The Board shall reach a prompt decision on such appeals, and may affirm, reverse or modify the action or decision on all such appeals, and may affirm, reverse or modify the action or decision appealed from, provided that such decision shall not be in conflict with the provisions of this Ordinance; and

(5) To exercise and perform such other functions, powers and duties as may be deemed necessary or appropriate to protect and promote the welfare of Palm Beach County consumers.

(1) To receive complaints from all persons complaining of unfair or deceptive trade acts or practices as defined in this Ordinance;

(2) To represent the interests of consumers before administrative and regulatory agencies and legislative bodies;

(3) To enforce the provisions of this Ordinance;

(4) To investigate complaints, institute actions and proceedings under this Ordinance;

(5) To conduct appropriate surveys and inspections to determine whether the provisions of this Ordinance are being complied with;

(6) To report to the appropriate law enforcement officers any information concerning violations of any consumer protection law;

(7) To render annual reports to the Board of County Commissioners as to the number of complaints filed, the nature thereof and the disposition thereof and other relevant activities of the office and the Board undertaken during the previous year;

(8) To publicize and disseminate information to the public concerning consumer affairs and to recommend methods for improvement thereof;

(9) To enlist and encourage public support, and the assistance of civic organizations and the cooperation of business enterprises and organizations in consumer affairs;

(10) To make periodic reports concerning the status of consumer affairs in Palm Beach County and the enforcement of the provisions of this Ordinance, and recommendations concerning consumer protection. Such reports shall be made to the Consumer Affairs Hearing Board and to the Board of County Commissioners of Palm Beach County;

(11) To prepare assurances of voluntary compliance as provided for in Section 8 of this Ordinance;

(12) To assist, develop and conduct programs of consumer education and information through public hearings, meetings, publications or other materials prepared for distribution to the consumer; and

(13) To file with the Consumer Affairs Hearing Board complaints for which he or she has determined there are grounds to believe an unfair or deceptive trade act or practice has occurred.

(a) The name of the complainant;

(b) The alleged charge and approximate date of the commission of the act;

(c) The section of the ordinance alleged to be involved;

(d) Notification as to the time and place of the Board hearing which shall be held not sooner than ten (10) days and not later than thirty-one (31)days after service of the demand;

(e) Notice to the respondent that he or she may be represented by counsel, and that he or she may bring all original documents and other data pertinent to the case; and,

(f) That he or she will be given an opportunity to present witnesses and evidence he or she may deem appropriate.

(1) Hearsay evidence may be used for the purpose of implementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible in a civil action.

(2) The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.

(3) Irrelevant and unduly repetitious evidence shall be excluded.

(4) At the hearing the parties may present testimony and evidence, and the right to cross examine witnesses shall be preserved. All testimony and evidence shall be given under oath or by affirmation.

(5) The Board shall keep a full record of the hearing, which record shall be public and open to inspection by any person, and upon request by any principal party to the proceedings the Board shall furnish such party a copy of the hearing record, at such cost as the Commission deems appropriate.

(1) To call and examine witnesses;

(2) To introduce exhibits;

(3) To cross examine opposing witnesses on any relevant matter even though the matter was not covered under direct examination;

(4)  To impeach any witness regardless of which party first called him or her to testify; and

(5)  To rebut the evidence.

(1) If, at the conclusion of the hearing, the Board orders a dismissal of the demand, and that the person complained against has not violated this Ordinance, the Board shall so state and shall publish its findings and issue its order dismissing the demand.