Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 559.801 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
Statute is currently reporting as:
F.S. 559.801 Case Law from Google Scholar Google Search for Amendments to 559.801

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY
View Entire Chapter
F.S. 559.801
559.801 Definitions.For the purpose of ss. 559.80-559.815, the term:
(1)(a) “Business opportunity” means the sale or lease of any products, equipment, supplies, or services which are sold or leased to a purchaser to enable the purchaser to start a business for which the purchaser is required to pay an initial fee or sum of money which exceeds $500 to the seller, and in which the seller represents:
1. That the seller or person or entity affiliated with or referred by the seller will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases, currency or card operated equipment, or other similar devices or currency-operated amusement machines or devices on premises neither owned nor leased by the purchaser or seller;
2. That the seller will purchase any or all products made, produced, fabricated, grown, bred, or modified by the purchaser using in whole or in part the supplies, services, or chattels sold to the purchaser;
3. That the seller guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid or rent charged for the business opportunity or that the seller will refund all or part of the price paid or rent charged for the business opportunity, or will repurchase any of the products, equipment, supplies, or chattels supplied by the seller, if the purchaser is unsatisfied with the business opportunity; or
4. That the seller will provide a sales program or marketing program that will enable the purchaser to derive income from the business opportunity, except that this paragraph does not apply to the sale of a sales program or marketing program made in conjunction with the licensing of a trademark or service mark that is registered under the laws of any state or of the United States if the seller requires use of the trademark or service mark in the sales agreement.

For the purpose of subparagraph 1., the term “assist the purchaser in finding locations” means, but is not limited to, supplying the purchaser with names of locator companies, contracting with the purchaser to provide assistance or supply names, or collecting a fee on behalf of or for a locator company.

(b) “Business opportunity” does not include:
1. The sale of ongoing businesses when the owner of those businesses sells and intends to sell only those business opportunities so long as those business opportunities to be sold are no more than five in number;
2. The not-for-profit sale of sales demonstration equipment, materials, or samples for a price that does not exceed $500 or any sales training course offered by the seller the cost of which does not exceed $500; or
3. The sale or lease of laundry and drycleaning equipment.
(2) “Department” means the Department of Agriculture and Consumer Services.
(3) “Purchaser” includes a lessee.
(4) “Seller” includes a lessor.
History.s. 1, ch. 79-374; s. 7, ch. 81-314; s. 1, ch. 89-193; s. 5, ch. 90-231; s. 1, ch. 92-161; s. 82, ch. 92-291; s. 1, ch. 93-244; s. 20, ch. 97-250; s. 11, ch. 2001-214.

F.S. 559.801 on Google Scholar

F.S. 559.801 on Casetext

Amendments to 559.801


Arrestable Offenses / Crimes under Fla. Stat. 559.801
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 559.801.



Annotations, Discussions, Cases:

Cases Citing Statute 559.801

Total Results: 3

KC Leisure, Inc. v. Haber

Court: District Court of Appeal of Florida | Date Filed: 2008-01-25

Citation: 972 So. 2d 1069, 2008 Fla. App. LEXIS 776, 2008 WL 195107

Snippet: I with prejudice saying first that: [C]hapter 559.801 et seq. (2005), Florida's Sale of Business Opportunities

State v. Herman

Court: District Court of Appeal of Florida | Date Filed: 1985-04-04

Citation: 466 So. 2d 435, 10 Fla. L. Weekly 885, 1985 Fla. App. LEXIS 13292

Snippet: granted the motion because it found that section 559.801, Florida Statutes (1983) does not apply to the

Adams v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-11-30

Citation: 443 So. 2d 1003

Snippet: a "business opportunity" as defined in section 559.801(1), Florida Statutes (1981). Therefore, the evidence