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Florida Statutes, Title XXXIII

Florida/Statutes

← All Florida coverage

Title XXXIII, Regulation of Trade, Commerce, Investments, and Solicitations

48 chapters · 1,668 sections in this title.

All chapters in Title XXXIII1,668 Ch 501, Consumer Protection163 Ch 497, Funeral, Cemetery, and Consumer Services131 Ch 559, Regulation of Trade, Commerce, and I…119 Ch 553, Building Construction Standards111 Ch 499, Florida Drug and Cosmetic Act82 Ch 520, Retail Installment Sales80 Ch 509, Lodging and Food Service Establishme…75 Ch 550, Pari-mutuel Wagering74 Ch 560, Money Services Businesses67 Ch 494, Loan Originators and Mortgage Brokers50 Ch 548, Pugilistic Exhibitions49 Ch 517, Securities Transactions45 Ch 500, Food Products39 Ch 526, Sale of Liquid Fuels; Brake Fluid39

163 sections·Filtered byTitle XXXIII✕Ch 501✕

Fla. Stat. § 501.001 Florida Anti-Tampering Act
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(1) DEFINITIONS.—As used in this section:(a) “Consumer product” includes:1. “Food,” which means:a. Any article used for food or drink for humans or other animals;b. Chewing gum; orc. Any article intended for use as a component of any article specified in sub-subparagraph a. or su…
Fla. Stat. § 501.005 Consumer report security freeze
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(1) For purposes of this section, a “security freeze” means a notice placed in a consumer report that prohibits a consumer reporting agency, as defined in 15 U.S.C. s. 1681a(f), from releasing the consumer report, credit score, or any information contained within the consumer rep…
Fla. Stat. § 501.0051 Protected consumer report security freeze
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(1) As used in this section, the term:(a) “Consumer report” has the same meaning as provided in 15 U.S.C. s. 1681a(d).(b) “Consumer reporting agency” has the same meaning as provided in 15 U.S.C. s. 1681a(f).(c) “Protected consumer” means a person younger than 16 years of age at …
Fla. Stat. § 501.011 Credit cards; unsolicited delivery or mailing prohibited
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(1) As used in this section the term “credit card” means any credit card or other document or device intended or adopted for the purpose of establishing the identity and credit of any person in connection with the purchase or rental on credit of goods or services or the obtaining…

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Fla. Stat. § 501.0113 Unsolicited goods; no obligation on part of recipient

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When unsolicited goods are delivered to a person, the person may refuse delivery of the goods, or, if the goods are delivered, the person is not obligated to return the goods to the sender. If unsolicited goods are either addressed to or intended for the recipient, they shall be …

Fla. Stat. § 501.0115 Service station credit cards and franchise agreements; certain restrictions on sales and purchasers prohibited

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It shall be unlawful and shall be deemed a deceptive trade practice for any producer or refiner or a subsidiary of any producer or refiner to distribute credit cards, as defined in s. 501.011, intended to be used by credit card holders for the purchase of motor fuel, goods, or se…

Fla. Stat. § 501.0117 Credit cards; transactions in which seller or lessor prohibited from imposing surcharge; penalty

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(1) A seller or lessor in a sales or lease transaction may not impose a surcharge on the buyer or lessee for electing to use a credit card in lieu of payment by cash, check, or similar means, if the seller or lessor accepts payment by credit card. A surcharge is any additional am…

Fla. Stat. § 501.0118 Restrictions on information printed on receipts for payment-card transactions; penalties

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(1) As used in this section, the term:(a) “Cardholder” means the person or organization named on the face of a payment card to whom or for whose benefit the payment card is issued.(b) “Merchant” means a person who receives from a cardholder a payment card, or information from a p…

Fla. Stat. § 501.012 Health studios; legislative findings

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The Legislature finds and declares that there exist in connection with a substantial number of contracts for health studio services certain practices and business and financing methods which have worked undue financial hardship upon some of the citizens of our state and that exis…

Fla. Stat. § 501.0125 Health studios; definitions

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For purposes of ss. 501.012-501.019, the following terms shall have the following meanings:(1) “Health studio” means any person who is engaged in the sale of services for instruction, training, or assistance in a program of physical exercise or in the sale of services for the rig…

Fla. Stat. § 501.013 Health studios; exemptions

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(1) The following businesses or activities may be declared exempt from ss. 501.012-501.019 upon the filing of an affidavit with the department establishing that the stated qualifications are met:(a) A bona fide nonprofit organization which has been granted tax-exempt status by th…

Fla. Stat. § 501.014 Health studios; powers and duties of the department

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(1) The department may, at any time during business hours, enter any business location of a health studio required to be registered pursuant to ss. 501.012-501.019, examine the books or records of the health studio, and subpoena all necessary records when the department has reaso…

Fla. Stat. § 501.015 Health studios; registration requirements and fees

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Each health studio shall:(1) Register each of its business locations with the department in a form and manner as required by the department.(2) Remit an annual registration fee of $300 to the department at the time of registration for each of the health studio’s business location…

Fla. Stat. § 501.016 Health studios; security requirements

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Each health studio that sells contracts for health studio services shall meet the following requirements:(1) Each health studio shall maintain for each separate business location a bond issued by a surety company admitted to do business in this state. The principal sum of the bon…

Fla. Stat. § 501.017 Health studios; contracts

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(1) Each contract for the sale of future health studio services which is paid for in advance or which the buyer agrees to pay for in future installment payments shall be in writing and shall contain, contractual provisions to the contrary notwithstanding, in immediate proximity t…

Fla. Stat. § 501.018 Health studios; change of ownership or location

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(1) Whenever the ownership of a health studio is changed or, in the case of corporate ownership, whenever the stock ownership is changed so as to effectively put the health studio under new management or control, the new owner or manager shall, within 10 days of such change, prov…

Fla. Stat. § 501.019 Health studios; penalties

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(1) Any health studio or any owner or manager thereof, or, in the case of corporate ownership, any substantial stockholder of the corporation owning the health studio, who is convicted of a violation of the provisions of ss. 501.012-501.019 is guilty of a misdemeanor of the first…

Fla. Stat. § 501.021 Home solicitation sale; definitions

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As used in ss. 501.021-501.055:(1) “Home solicitation sale” means a sale, lease, or rental of consumer goods or services with a purchase price in excess of $25 which includes all interest, service charges, finance charges, postage, freight, insurance, and service or handling char…

Fla. Stat. § 501.022 Home solicitation sale; permit required

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(1)(a) It is unlawful for any person to conduct any home solicitation sale, as defined in s. 501.021, or to supervise excluded minors conducting such sales provided in subparagraph (b)5., in this state without first obtaining a valid home solicitation sale permit as provided in t…

Fla. Stat. § 501.025 Home solicitation sale; buyer’s right to cancel

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In addition to any other right to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase. Cancellation is evidenced by the buyer giving written n…

Fla. Stat. § 501.031 Home solicitation sale; written agreement

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Every home solicitation sale shall be evidenced by a writing as provided in this section.(1) In a home solicitation sale, the seller must present to and obtain from the buyer his or her signature to a written agreement or offer to purchase which designates, as the date of the tra…

Fla. Stat. § 501.035 Home solicitation sale; exclusions

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There shall be excluded from the operation of ss. 501.021-501.055:(1) The sale of insurance; and(2) The sale of farm equipment or machinery.History.—s. 5, ch. 70-363.

Fla. Stat. § 501.041 Home solicitation sale; restoration of down payment

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Within 10 days after a home solicitation sale has been canceled or an offer to purchase revoked, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. If the down payment includes goods traded in, the goods must be tend…

Fla. Stat. § 501.045 Home solicitation sale; duty of buyer

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Except as provided in s. 501.041, within a reasonable time after a home solicitation sale has been canceled or an offer to purchase revoked, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale, but he or she is not obligated to t…

Fla. Stat. § 501.046 Home solicitation sale; duty of businesses conducting home solicitation sales

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(1) All businesses conducting home solicitation sales in this state shall:(a) Ensure that all employees engaged in home solicitation sales obtain the permit required in s. 501.022 and direct all such employees to comply with all provisions of said section.(b) Direct all employees…

Fla. Stat. § 501.047 Home solicitation sale; prohibited practices

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In conducting a home solicitation, no person shall:(1) Misrepresent the terms or conditions of the sale, lease, or rental.(2) Misrepresent the seller’s affiliation with the parent company or sponsor.(3) Misrepresent the seller’s reasons for soliciting the sale, lease, or rental o…

Fla. Stat. § 501.052 Home solicitation sale; enforcement authority; injunctive relief

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The Attorney General or state attorney may institute proceedings to enjoin any person found to be violating the provisions of ss. 501.021-501.055.History.—s. 2, ch. 77-350; s. 12, ch. 97-250.

Fla. Stat. § 501.053 Home solicitation sale; judicial review

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Any person, firm, corporation, or agency aggrieved by any decision of a clerk of the circuit court under authority granted in ss. 501.021-501.055 may appeal to the courts, as provided by general law, within 90 days from the date of the decision sought to be reviewed.History.—s. 3…

Fla. Stat. § 501.055 Home solicitation sale; penalties

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(1) Violation of any of the provisions of ss. 501.025-501.047 is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(2) Any person who conducts or attempts to conduct a home solicitation sale without first obtaining and having in her or his poss…

Fla. Stat. § 501.057 Commercial Weight-Loss Practices Act; short title

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Sections 501.057-501.0581 may be cited as the “Florida Commercial Weight-Loss Practices Act.”History.—s. 1, ch. 93-274.

Fla. Stat. § 501.0571 Commercial Weight-Loss Practices Act; definitions

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As used in ss. 501.057-501.0581:(1) “Examination” means any type of medical, psychological, or nutritional review of a consumer.(2) “Supplement” means any type of vitamin, mineral, or other dietary additive which is recommended to be taken by a weight-loss provider.(3) “Weight-lo…

Fla. Stat. § 501.0573 Weight-loss provider requirements

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Each weight-loss provider shall:(1) Provide to a consumer a written itemized statement of the fixed or estimated cost of the weight-loss program that is being recommended, including all additional products, services, supplements, examinations, or laboratory tests the consumer may…

Fla. Stat. § 501.0575 Weight-Loss Consumer Bill of Rights

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(1) The Weight-Loss Consumer Bill of Rights shall consist of the following provisions:(A) WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS HEALTH PROBLEMS. RAPID WEIGHT LOSS IS WEIGHT LOSS OF MORE THAN 11/2 POUNDS TO 2 POUNDS PER WEEK OR WEIGHT LOSS OF MORE THAN 1 PERCENT OF BODY WEI…

Fla. Stat. § 501.0577 Commercial Weight-Loss Practices Act; exemptions

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The provisions of this act do not apply to persons licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, chapter 465, or chapter 486 who may give weight-loss advice or provide any weight-loss service which is incidental to the performance of…

Fla. Stat. § 501.0579 Commercial Weight-Loss Practices Act; unlawful practices

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It is unlawful and an unfair and deceptive trade practice under part II of this chapter to fail to comply with the provisions of this act.History.—s. 6, ch. 93-274.

Fla. Stat. § 501.0581 Commercial Weight-Loss Practices Act; civil remedies

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(1) The Department of Agriculture and Consumer Services may bring a civil action in circuit court for temporary or permanent injunctive relief to enforce the provisions of this act and may seek other appropriate civil relief, including a civil penalty not to exceed $5,000 for eac…

Fla. Stat. § 501.0583 Selling, delivering, bartering, furnishing, or giving weight-loss pills to persons under age 18; penalties; defense

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(1) As used in this section, the term “weight-loss pill” means a pill that is available without a prescription, the marketing, advertising, or packaging of which indicates that its primary purpose is for facilitating or causing weight loss. The term includes a pill that contains …

Fla. Stat. § 501.059 Telephone solicitation

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(1) As used in this section, the term:(a) “Called party” means a person who is the regular user of the telephone number that receives a telephonic sales call.(b) “Consumer” means an actual or prospective purchaser, lessee, or recipient of consumer goods or services.(c) “Consumer …

Fla. Stat. § 501.062 Unauthorized commercial solicitation; legislative intent; definitions; prohibited acts; penalties

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(1) LEGISLATIVE INTENT.—It is the intent of the Legislature to protect, preserve, and promote the safety, welfare, and peace of the citizens of this state by adopting measures to reduce the threat to private property rights, including the right to exclude and to be free from tres…

Fla. Stat. § 501.122 Control of nonionizing radiations; laser; penalties

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(1) DEFINITIONS.—For the purposes of this section:(a) “Laser” means light amplification by stimulated emission of radiation, encompassing wavelengths above and below those in visual range, if produced by laser devices.(b) “Laser device” means any device designed or used to amplif…

Fla. Stat. § 501.137 Mortgage lenders; tax and insurance payments from escrow accounts; duties

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(1) Every lender of money, whether a natural person or an artificial entity, whose loans are secured by a mortgage on real estate located within the state and who receives funds incidental thereto or in connection therewith for the payment of property taxes or hazard insurance pr…

Fla. Stat. § 501.1375 Deposits received for purchase of residential dwelling units; placement in escrow; waiver; exceptions

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(1) DEFINITIONS.—(a) “Building contractor” means any person who, for compensation, constructs and sells one-family or two-family residential dwelling units, except for a person who sells or constructs less than 10 units per year statewide.(b) “Developer” means either a building c…

Fla. Stat. § 501.1377 Violations involving homeowners during the course of residential foreclosure proceedings

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(1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that homeowners who are in default on their mortgages, in foreclosure, or at risk of losing their homes due to nonpayment of taxes may be vulnerable to fraud, deception, and unfair dealings with foreclosure-rescue consult…

Fla. Stat. § 501.138 Advertising of previews or trailers; standards

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(1) Any motion picture theater owner or operator who desires to exhibit, on the same program, a motion picture which has received a “G” rating and which he or she advertises as “G” rated, and a preview or trailer of a motion picture which has not received a “G” rating, shall in a…

Fla. Stat. § 501.139 Advertisements for legal services

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(1) As used in this section, the term:(a) “Advertisement for legal services” means any representation disseminated in any manner through a media entity for the purpose of soliciting prospective clients for legal services. The term includes such solicitation by a person with the i…

Fla. Stat. § 501.1391 Fraud prevention in the advertisement of immigration services

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(1) A business or person offering immigration services, other than a person holding an active license to practice law in this state or otherwise permitted to practice law or represent others under federal law in an immigration matter, must post on the business’s or person’s main …

Fla. Stat. § 501.141 Delivery of crated goods; written statement of satisfaction; right to cancel

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(1) As used in this section, “statement of satisfaction” means any receipt, statement, or document by which any retail noncommercial buyer of goods, which goods are to be delivered or are delivered in any box, crate, or other covering which hides the goods from view, is requested…

Fla. Stat. § 501.142 Retail sales establishments; preemption; notice of refund policy; exceptions; penalty

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(1) The regulation of refunds is preempted to the Department of Agriculture and Consumer Services notwithstanding any other law or local ordinance to the contrary. Every retail sales establishment offering goods for sale to the general public that offers no cash refund, credit re…

Fla. Stat. § 501.145 Bedding Label Act

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(1) SHORT TITLE.—This section may be cited as the Bedding Label Act.(2) DEFINITIONS.—For the purpose of this section, the term:(a) “Bedding” means any mattress, box spring, pillow, or cushion made of leather or any other material which is or can be stuffed or filled in whole or i…

Fla. Stat. § 501.155 Electronic dissemination of commercial recordings or audiovisual works; required disclosures; injunctive relief

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(1) SHORT TITLE.—This section may be cited as the “True Origin of Digital Goods Act.”(2) APPLICABILITY.—This section is supplemental to those provisions of state and federal criminal and civil law which impose prohibitions or provide penalties, sanctions, or remedies against the …