Florida · statute · Fla. Stat. ch. 501 · 163 active provisions
(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 sub-subparagraph b.2. “Drug,” which means:…
(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 report to a third party without the express…
(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 the time a security freeze request is ma…
(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 of loans.(2) Except as provided in subs…
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 deemed a gift and the recipient may use…
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 services from retail service stations, whe…
(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 amount imposed at the time of a sale or le…
(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 payment card, as the instrument for obtai…
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 existing legal remedies are inadequate to co…
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 right or privilege to use equipment or faci…
(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 the Internal Revenue Service.(b) A gymnast…
(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 reason to believe a violation of the provisio…
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 locations.(a) The department shall waive the ini…
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 bond must be $25,000, and the bond, when re…
(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 to the space reserved in the contract for…
(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, provide each buyer then under contract with…
(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 degree, punishable as provided in s. 77…
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 charges, whether under single or multiple co…
(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 this section.(b) The following are exclud…
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 notice of cancellation in person, by tele…
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 transaction, the date on which the buyer ac…
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.
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 tendered in substantially as good condition…
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 tender at any place other than his or her…
(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 engaged in home solicitation sales to l…