Florida Statute 559.809 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY

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559.809 Prohibited acts.—Business opportunity sellers shall not:

(1) Misrepresent, by failure to disclose or otherwise, the known required total investment for such business opportunity.

(2) Misrepresent or fail to disclose efforts to sell or establish more franchises or distributorships than it is reasonable to expect the market or market area for the particular business opportunity to sustain.

(3) Misrepresent the quantity or the quality of the products to be sold or distributed through the business opportunity.

(4) Misrepresent the training and management assistance available to the business opportunity purchaser.

(5) Misrepresent the amount of profits, net or gross, which the franchisee can expect from the operation of the business opportunity.

(6) Misrepresent, by failure to disclose or otherwise, the termination, transfer, or renewal provision of a business opportunity agreement.

(7) Falsely claim or imply that a primary marketer or trademark of products or services sponsors or participates directly or indirectly in the business opportunity.

(8) Assign a so-called “exclusive territory” encompassing the same area to more than one business opportunity purchaser.

(9) Provide vending locations for which written authorizations have not been granted by the property owners or lessees.

(10) Provide machines or displays of a brand or kind substantially different from and inferior to those promised by the business opportunity seller.

(11) Fail to provide the purchaser a written contract as provided in s. 559.811.

(12) Misrepresent their ability or the ability of a person or entity providing services as defined in s. 559.801(1)(a) to provide locations or assist the purchaser in finding locations expected to have a positive impact on the success of the business opportunity.

(13) Misrepresent a material fact or create a false or misleading impression in the sale of a business opportunity.

(14) Fail to provide or deliver the products, equipment, supplies, or services as specified in the written contract required under s. 559.811.

History.—s. 1, ch. 79-374; s. 6, ch. 93-244; s. 32, ch. 97-98; s. 14, ch. 2001-214.

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Amendments to 559.809

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 559.809

Level: Degree
Misdemeanor/Felony: First/Second/Third

S559.809 - FRAUD - BUSINESS VIOLATE MISREP BUSINESS AGREEMENT - F: T

Cases Citing Statute 559.809

Total Results: 5

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

Barnes alleges that Burger King violated Fla.Stat. § 559.809(3) "by purposefully misrepresenting its encroachment

Siever v. BWGaskets, Inc.

669 F. Supp. 2d 1286, 2009 U.S. Dist. LEXIS 99779, 2009 WL 3582749

District Court, M.D. Florida | Filed: Oct 27, 2009 | Docket: 2281355

Cited 17 times | Published

of contract, the Defendants violated both Section 559.809 and Section 559.811 of the Florida Statutes

Grover v. State

581 So. 2d 1379, 1991 WL 104654

District Court of Appeal of Florida | Filed: Jun 19, 1991 | Docket: 1283652

Cited 6 times | Published

sales and service routes, contrary to Florida Statute 559.809(4). (Emphasis supplied.) The "Count One"

State v. McCarthy

615 So. 2d 784, 1993 WL 66272

District Court of Appeal of Florida | Filed: Mar 10, 1993 | Docket: 1658589

Cited 1 times | Published

appeals the order of the trial court declaring section 559.809(1), Florida Statutes (1989), unconstitutionally

Doctors Associates, Inc. v. McCrory

501 So. 2d 126, 12 Fla. L. Weekly 321

District Court of Appeal of Florida | Filed: Jan 21, 1987 | Docket: 692156

Cited 1 times | Published

the franchises to be sold, in violation of section 559.809, Florida Statutes (1983). Count IV alleged

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.