Florida Statutes
Fla. Stat. § 559.802 (2025)
Franchises; exemption.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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559.802 Franchises; exemption.—
(1) The sale of a franchise is exempt from this part if:
(a) The franchise meets the definition of that term as defined by the Federal Trade Commission regulations entitled, “Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures,” as set forth in 16 C.F.R. ss. 436.1 et seq.; and
(b) Before offering for sale or selling a franchise to be located in this state or to a resident of this state, the franchisor files a notice with the department, on a form adopted by the department, stating that the franchisor is in substantial compliance with the requirements of the Federal Trade Commission rule and pays a fee in an amount set by the department not exceeding $100.
(2) The initial exemption granted under this section is for a period of 1 year after the date of filing the notice, and it may be renewed each year for an additional 1-year period upon filing a notice for renewal and paying a renewal fee in an amount set by the department, not exceeding $100.
(3) The department may require only the name of the applicant, the name of the franchise and the name under which the applicant intends to, or does, transact business, if different, the applicant’s principal business address, and the applicant’s federal employer identification number.
(4) The department may adopt rules to implement the provisions of this section.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1996–2024 · leading case: Barnes v. Burger King Corp., 932 F. Supp. 1420 (S.D. Fla. 1996).
Barnes v. Burger King Corp., 932 F. Supp. 1420 (S.D. Fla. 1996). “Specifically, Burger King cites § 559.802, entitled “Franchises: exemption,” pursuant to which a franchise is exempt from the Act if it meets the definition of franchise set out in the Federal Trade Commission (“FTC”) regulations, 16 C.”
KC Leisure, Inc. v. Haber, 972 So. 2d 1069 (Fla. 5th DCA 2008). “The FSBOA is only referenced in the first count to reflect that Relay Transportation attempted to comply with section 559.802, Florida Statutes (2005), so as to qualify for an exemption under that statute.”
MI-BOX of North Florida, LLC, Plaintiff v. MI-BOX Florida, LLC, Defendant, 2024 DNH 102 (D.N.H. 2024). “It says the sale of a franchise (assuming this was such a sale) is only exempt from the provisions of the FSBOA if the requirements of Fla. Stat. § 559.802 (1) are met. That section of the FSBOA broadly exempts from its scope the sale of any franchise that meets the Federal…”
MI-BOX of North Florida, LLC v. MI-BOX Holding Co. (D.N.H. 2024). “It says the sale of a franchise (assuming this was such a sale) is only exempt from the provisions of the FSBOA if the requirements of Fla. Stat. § 559.802 (1) are met. That section of the FSBOA broadly exempts from its scope the sale of any franchise that meets the Federal…”
— 559.802(1) — 1 case
Barnes v. Burger King Corp., 932 F. Supp. 1420 (S.D. Fla. 1996). “Specifically, Burger King cites § 559.802, entitled “Franchises: exemption,” pursuant to which a franchise is exempt from the Act if it meets the definition of franchise set out in the Federal Trade Commission (“FTC”) regulations, 16 C.”
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