Florida Statutes

Fla. Stat. § 501.021 (2025)

Home solicitation sale; definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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501.021 Home solicitation sale; definitions.—As used in ss. 501.021-501.055:

(1) “Home solicitation sale” means a sale, lease, or rental of consumer goods or services with a purchase price in excess of $25 which includes all interest, service charges, finance charges, postage, freight, insurance, and service or handling charges, whether under single or multiple contracts, made pursuant to an installment contract, a loan agreement, other evidence of indebtedness, or a cash transaction or other consumer credit transaction, in which:

(a) The seller or a person acting for him or her engages in a personal solicitation of the sale, lease, or rental at a place other than at the seller’s fixed location business establishment where goods or services are offered or exhibited for sale, lease, or rental, and

(b) The buyer’s agreement or offer to purchase is given to the seller and the sale, lease, or rental is consummated at a place other than at the seller’s fixed location business establishment,

including a transaction unsolicited by the consumer and consummated by telephone and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the services. It does not include a sale, lease, or rental made at any fair or similar commercial exhibit or a sale, lease, or rental that results from a request for specific goods or services by the purchaser or lessee or a sale made by a motor vehicle dealer licensed under s. 320.27 which occurs at a location or facility open to the general public or to a designated group.

(2) “Business day” means any calendar day except Sunday or a federal holiday.

(3) “Future delivery” means delivery more than 3 business days after the buyer signs an agreement or offer to purchase.

History.—ss. 1, 4, ch. 70-363; s. 1, ch. 71-65; s. 1, ch. 77-350; s. 1, ch. 86-144; s. 1, ch. 87-344; s. 610, ch. 97-103; s. 10, ch. 97-250.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1985–2021 · leading case: Lankhorst v. Indep. Sav. Plan Co., 39 F. Supp. 3d 1359 (M.D. Fla. 2014).

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Lankhorst v. Indep. Sav. Plan Co., 39 F. Supp. 3d 1359 (M.D. Fla. 2014). · cites it 2× “FDUTPA Count III alleges a violation of FDUTPA based on ISPC’s alleged intentional withholding of financing until after the three-day cancellation period expired under the Florida Home Solicitation Sales Act (FHSSA), Fla. Stat. §§ 501.021 et seq. The practical effect of delaying…”

Allstate Ins. Co. v. Auto Glass Am., LLC (M.D. Fla. 2019). · cites it 4× “” Fla. Stat. § 501.021 (1). It does not state that the end-user of the consumer good has to be the one paying the purchase price.”

State Farm Mut. Auto. Ins. Co. v. At Home Auto Glass LLC (M.D. Fla. 2021). “§§ 501.021, 501.025, 501.031, F.S. FHSSA also prohibits misrepresentations regarding a customer’s right to cancel and other matters, and makes it unlawful for anyone to conduct home solicitations without a permit.”

Thrift Pak Foods Serv. (Fla) Inc. v. O'Steen, 12 Fla. Supp. 2d 32 (Fla. Palm Beach Cty. Ct. 1985). · cites it 2× “The transaction at issue was a “home solicitation sale” within the meaning of Section 501.021, Florida Statutes (1983).”

ARCA Corp. v. Chin, 45 Fla. Supp. 2d 8 (Fla. Cir. Ct. 1991). “Florida Statutes, Section 501.021(3) defines “business day” as any calendar day except Sunday or certain enumerated holidays.”

Evans v. Arcade Mgmt. Corp., 519 So. 2d 1101 (Fla. 3d DCA 1988). “Section 501.021(2), Fla.Stat. (1983), defines “[h]ome solicitation sale” as "any consumer credit sale of goods or services made pursuant to an installment contract, loan agreement, other evidence of indebtedness, or a cash sale or other consumer credit sale in excess of ,…”

— 501.021(2) — 1 case

— 501.021(3) — 1 case

ARCA Corp. v. Chin, 45 Fla. Supp. 2d 8 (Fla. Cir. Ct. 1991). “Florida Statutes, Section 501.021(3) defines “business day” as any calendar day except Sunday or certain enumerated holidays.”

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