(1) This part does not apply to:(a) A bona fide employee of a seller of travel who is engaged solely in the business of her or his employer;
(b) Any direct common carrier of passengers or property regulated by an agency of the Federal Government or employees of such carrier when engaged solely in the transportation business of the carrier as identified in the carrier’s certificate;
(c) An intrastate common carrier of passengers or property selling only transportation as defined in the applicable state or local registration or certification, or employees of such carrier when engaged solely in the transportation business of the carrier;
(d) Hotels, motels, or other places of public accommodation selling public accommodations, or employees of such hotels, motels, or other places of public accommodation, when engaged solely in making arrangements for lodging, accommodations, or sightseeing tours within the state, or taking reservations for the traveler with times, dates, locations, and accommodations certain at the time the reservations are made, provided that hotels and motels registered with the Department of Business and Professional Regulation pursuant to chapter 509 are excluded from the provisions of this chapter;
(e) Persons involved solely in the rental, leasing, or sale of residential property;
(f) Persons involved solely in the rental, leasing, or sale of transportation vehicles;
(g) Persons who make travel arrangements for themselves; for their employees or agents; for distributors, franchisees, or dealers of the persons’ products or services; for entities which are financially related to the persons; or for the employees or agents of the distributor, franchisee, or dealer or financially related entity;
(h) A developer of a timeshare plan or an exchange company approved by the Division of Florida Condominiums, Timeshares, and Mobile Homes pursuant to chapter 721, but only to the extent that the developer or exchange company engages in conduct regulated under chapter 721; or
(i) Persons or entities engaged solely in offering diving services, including classes and sales or rentals of equipment, when engaged in making any prearranged travel-related or tourist-related services in conjunction with a primarily dive-related event.
(3) Sections 559.928, 559.929, 559.9295, 559.931, and 559.932 also do not apply to a seller of travel that is an affiliate of an entity exempt pursuant to subsection (2) subject to the following conditions:(a) If the department finds the affiliate does not have a satisfactory consumer complaint history or the affiliate fails to respond to a consumer complaint within 30 days, the related seller of travel exempt pursuant to subsection (2) is liable for the actions of the affiliate, subject to the remedies provided in ss. 559.9355 and 559.936. (b) If the department is unable to locate an affiliate, the related seller of travel exempt pursuant to subsection (2) is fully liable for the actions of the affiliate, subject to the remedies provided in ss. 559.9355 and 559.936. (c) Revocation by the department of an exemption provided to a seller of travel under subsection (2) shall constitute automatic revocation by law of an exemption obtained by an affiliate under the subsection.
(d) This subsection does not apply to:1. An affiliate that independently qualifies for another exemption under this section.
2. An affiliate that sells, or offers for sale, vacation certificates.
3. An affiliate that certifies its business activities under s. 559.9285(1)(b) or (c). (e) For purposes of this section, the term “affiliate” means an entity that meets the following:1. The entity has the identical ownership as the seller of travel that is exempt under subsection (2).
2. The ownership controlling the seller of travel that is exempt under subsection (2) also exercises identical control over the entity.
3. The owners of the affiliate hold the identical percentage of voting shares as they hold in the seller of travel that is exempt under subsection (2).