CopyCited 68 times | Published | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 14908, 1996 WL 272350
...Barnes further responds that his purchase of the franchise does fall within the definition of a "business opportunity" under the Act because Burger King sells restaurants, not marketing programs. The definition of "business opportunity" at issue here is found at § 559.801 and reads, in pertinent part: For the purpose of ss....
...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. Fla.Stat.Ann. § 559.801(1)(a) (West Supp....
...unity" relied upon by Burger King also did not become effective until after Barnes signed the Franchise Agreement and is not to be applied retroactively. Burger King objects to the Magistrate's Report and asserts that the Magistrate erred in reading § 559.801 and its Statutory and Historical Notes....
...ed. No Objections to the Supplemental Report and Recommendation were filed. This Court agrees with the Magistrate Judge's Supplemental Report that the sale of the Burger King to Barnes falls under the definition of "business opportunity" provided in § 559.801(1)(a)4, and that the provision in that paragraph excepting "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" applies to the sale....
CopyCited 55 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 22434, 1999 WL 181412
...Plaintiffs' allegation that Defendants' acts constitute a violation of the Florida Sale of Business Opportunities Act ("FSBOA") is even more dubious "than their FDUTPA allegations, Under FSBOA, entities which sell "business opportunities" are prohibited from engaging in certain practices. Under Florida Statutes § 559.801, "Business opportunity" is defined as "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...." § 559.801, Fla....
CopyCited 17 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 18129, 1990 WL 264487
...ndability and growth(,)" violating Florida Statute Chapter 559. Complaint, ¶ 68(b). The Florida Sale of Business Opportunities Act, Florida Statutes §
559.80, et seq., prohibits certain acts surrounding sales or leases of "business opportunities". Section
559.801(1) states, in pertinent part that a "`[b]usiness opportunity' means the sale of any products, equipment, supplies, or services which are sold to a purchaser to enable the purchaser to start a business...." Further, the statute states...
...ity' does not include 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...." Fla.Stat.Ann. § 559.801(1) (West 1988)....
...The defendants correctly argue that this statute simply does not apply to the instant matter. The franchise purchases made by Scott Schubot were existing, ongoing businesses owned by Richard Schubot. The owner of the business sold was not the defendants, but rather the plaintiff's father, Richard Schubot. Section 559.801(1), et seq....
CopyCited 15 times | Published | District Court, S.D. Florida | 2013 WL 5005730, 2013 U.S. Dist. LEXIS 130538
...The Diamond Defendants contend, however, that Plaintiffs were not required to become "Premier Dealers” but, instead, could have become "Authorized Dealers” for only $299. D.E. 35 at 14. However, SBOA applies to the sale of any business opportunity that requires an initial payment of more than $500. Fla. Stat. § 559.801 (1)(a)....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal
...We note that Adams was not charged with the commission of any fraudulent practices under Chapter 817, and he was acquitted of misrepresentation by the seller of a business opportunity. The nature of Adams' venture clearly constituted the sale of a "business opportunity" as defined in section 559.801(1), Florida Statutes (1981)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 885, 1985 Fla. App. LEXIS 13292
SHARP, Judge. The state appeals from an order granting Herman’s motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). The trial court granted the motion because it found that section 559.801, Florida Statutes (1983) does not apply to the type of transaction charged in the information. We reverse. The sole issue in this case is the construction of section 559.801....
...vices. 1 The undisputed facts were that Herman sold video machines to Jack Durie, and leased them back, promising to pay $50.00 per week per machine. Herman thereafter sold his interest in the business and Durie stopped receiving the lease payments. Section 559.801 defines a “business opportunity” as: (1) ......
...See J. Hodges and M. Whitten, Harbrace College Handbook § 12c at 111 (8th ed. 1977). However, in ascertaining the meaning of any word the legislative intent is paramount. Infante v. State,
197 So.2d 542 (Fla. 3rd DCA 1967). The legislative history of section
559.801 indicates that a remedy for fraud in various different kinds of business contexts was ....
...ame venture. That would not be a reasonable interpretation of the statute. Smith v. Piezo Technology & Professional Administrators,
427 So.2d 182 (Fla.1983); City of St. Petersburg v. Siebold,
48 So.2d 291 (Fla.1950). *437 Therefore, we construe section
559.801 as having its lettered subsections written in the disjunctive or alternative sense....
