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Florida Statute 559.801 - Full Text and Legal Analysis
Florida Statute 559.801 | Lawyer Caselaw & Research
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The 2025 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 CourtListener

Amendments to 559.801


Annotations, Discussions, Cases:

Cases Citing Statute 559.801

Total Results: 6

Barnes v. Burger King Corp.

932 F. Supp. 1420, 1996 U.S. Dist. LEXIS 14908, 1996 WL 272350

District Court, S.D. Florida | Filed: Mar 29, 1996 | Docket: 2485569

Cited 68 times | Published

"business opportunity" at issue here is found at § 559.801 and reads, in pertinent part: For the purpose

Eclipse Medical, Inc. v. American Hydro-Surgical Instruments, Inc.

262 F. Supp. 2d 1334, 1999 U.S. Dist. LEXIS 22434, 1999 WL 181412

District Court, S.D. Florida | Filed: Jan 20, 1999 | Docket: 2240937

Cited 55 times | Published

in certain practices. Under Florida Statutes § 559.801, "Business opportunity" is defined as "the sale

Schubot v. McDonalds Corp.

757 F. Supp. 1351, 1990 U.S. Dist. LEXIS 18129, 1990 WL 264487

District Court, S.D. Florida | Filed: Dec 26, 1990 | Docket: 1295534

Cited 17 times | Published

sales or leases of "business opportunities". Section 559.801(1) states, in pertinent part that a "`[b]usiness

SIG, Inc. v. AT & T Digital Life, Inc.

971 F. Supp. 2d 1178, 2013 WL 5005730, 2013 U.S. Dist. LEXIS 130538

District Court, S.D. Florida | Filed: Sep 12, 2013 | Docket: 65994280

Cited 15 times | Published

initial payment of more than $500. Fla. Stat. § 559.801(1)(a). The facts alleged, taken as true, demonstrate

Adams v. State

443 So. 2d 1003

District Court of Appeal of Florida | Filed: Nov 30, 1983 | Docket: 1458120

Cited 14 times | Published

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

State v. Herman

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

District Court of Appeal of Florida | Filed: Apr 4, 1985 | Docket: 64610967

Published

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