(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 contracts, made pursuant to an installment contract, a loan agreement, other evidence of indebtedness, or a cash transaction or other consumer credit transaction, in which:
(a) The seller or a person acting for him or her engages in a personal solicitation of the sale, lease, or rental at a place other than at the seller’s fixed location business establishment where goods or services are offered or exhibited for sale, lease, or rental, and
(b) The buyer’s agreement or offer to purchase is given to the seller and the sale, lease, or rental is consummated at a place other than at the seller’s fixed location business establishment,
including a transaction unsolicited by the consumer and consummated by telephone and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the services. It does not include a sale, lease, or rental made at any fair or similar commercial exhibit or a sale, lease, or rental that results from a request for specific goods or services by the purchaser or lessee or a sale made by a motor vehicle dealer licensed under s. 320.27 which occurs at a location or facility open to the general public or to a designated group.
(2) “Business day” means any calendar day except Sunday or a federal holiday.
(3) “Future delivery” means delivery more than 3 business days after the buyer signs an agreement or offer to purchase.
History.—ss. 1, 4, ch. 70-363; s. 1, ch. 71-65; s. 1, ch. 77-350; s. 1, ch. 86-144; s. 1, ch. 87-344; s. 610, ch. 97-103; s. 10, ch. 97-250.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 501 - Consumer Protection
Part I - General Provisions (Ss. 501.001-501.171)
501.001 - Florida Anti-Tampering Act.
501.005 - Consumer report security freeze.
501.0051 - Protected consumer report security freeze.
501.011 - Credit cards; unsolicited delivery or mailing prohibited.
501.0113 - Unsolicited goods; no obligation on part of recipient.
501.0118 - Restrictions on information printed on receipts for payment-card transactions; penalties.
501.012 - Health studios; legislative findings.
501.0125 - Health studios; definitions.
501.013 - Health studios; exemptions.
501.014 - Health studios; powers and duties of the department.
501.015 - Health studios; registration requirements and fees.
501.016 - Health studios; security requirements.
501.017 - Health studios; contracts.
501.018 - Health studios; change of ownership or location.
501.019 - Health studios; penalties.
501.021 - Home solicitation sale; definitions.
501.022 - Home solicitation sale; permit required.
501.025 - Home solicitation sale; buyer’s right to cancel.
501.031 - Home solicitation sale; written agreement.
501.035 - Home solicitation sale; exclusions.
501.041 - Home solicitation sale; restoration of down payment.
501.045 - Home solicitation sale; duty of buyer.
501.046 - Home solicitation sale; duty of businesses conducting home solicitation sales.
501.047 - Home solicitation sale; prohibited practices.
501.052 - Home solicitation sale; enforcement authority; injunctive relief.
501.053 - Home solicitation sale; judicial review.
501.055 - Home solicitation sale; penalties.
501.057 - Commercial Weight-Loss Practices Act; short title.
501.0571 - Commercial Weight-Loss Practices Act; definitions.
501.0573 - Weight-loss provider requirements.
501.0575 - Weight-Loss Consumer Bill of Rights.
501.0577 - Commercial Weight-Loss Practices Act; exemptions.
501.0579 - Commercial Weight-Loss Practices Act; unlawful practices.
501.0581 - Commercial Weight-Loss Practices Act; civil remedies.
501.059 - Telephone solicitation.
501.122 - Control of nonionizing radiations; laser; penalties.
501.135 - Consumer unit pricing.
501.137 - Mortgage lenders; tax and insurance payments from escrow accounts; duties.
501.1377 - Violations involving homeowners during the course of residential foreclosure proceedings.
501.138 - Advertising of previews or trailers; standards.
501.141 - Delivery of crated goods; written statement of satisfaction; right to cancel.
501.142 - Retail sales establishments; preemption; notice of refund policy; exceptions; penalty.