The 2023 Florida Statutes (including Special Session C)

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

Chapter 501
CONSUMER PROTECTION

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F.S. 501.021

501.021 Home solicitation sale; definitions.—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 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.

F.S. 501.021 on Google Scholar

F.S. 501.021 on Casetext

Amendments to 501.021

Arrestable Offenses / Crimes under Fla. Stat. 501.021

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 501.021.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE GUILES, v., 580 B.R. 466 (Bankr. W.D. Tex. 2017)

. . . . § 501.021(a) (West 2012). . . .

LANKHORST, v. INDEPENDENT SAVINGS PLAN COMPANY, d b a ISPC,, 39 F. Supp. 3d 1359 (M.D. Fla. 2014)

. . . . §§ 501.021 et seq. . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. SCOTT, 866 F. Supp. 2d 680 (S.D. Tex. 2012)

. . . . §§ 501.021, 501.071(a), 501.072(a), 501.073. . . .

In CLARK CONTRACTING SERVICES, INC. v., 399 B.R. 789 (Bankr. W.D. Tex. 2008)

. . . Code § 501.021(b). . . . See id., §§ 501.021(a)(7)(B), 501.003(3). . . . See id. §§ 501.021(b)(7); § 501.113(a). . . .

ILLUSIONS- DALLAS PRIVATE CLUB, INC. a a a v. T. STEEN, Jr. a a P. T. s, v. T. Jr. a, 482 F.3d 299 (5th Cir. 2007)

. . . Elec.Code § 501.021 et seq. . Section 21.04 of House Bill 7 reads: Section 21.04. . . .

ARCA CORPORATION v. CHIN, 45 Fla. Supp. 2d 8 (Fla. Cir. Ct. 1991)

. . . Florida Statutes, Section 501.021(3) defines “business day” as any calendar day except Sunday or certain . . .

EVANS v. ARCADE MANAGEMENT CORPORATION,, 519 So. 2d 1101 (Fla. Dist. Ct. App. 1988)

. . . “The Plaintiffs based their claim for the return of the purchase price on Sections 501.021 through 501.055 . . . the Plaintiffs and finds further that the Plaintiffs failed to prove the applicability of Sections 501.021 . . . “The court further finds that the purchase was not one of consumer goods subject to Sections 501.021 . . . Section 501.021(2), Fla.Stat. (1983), defines “[h]ome solicitation sale” as "any consumer credit sale . . .

THRIFT PAK FOODS SERVICE FLA INC. v. O STEEN, 12 Fla. Supp. 2d 32 (Palm Beach Cty. Ct. 1985)

. . . The transaction at issue was a “home solicitation sale” within the meaning of Section 501.021, Florida . . . Sections 501.021— 501.055, Florida Statutes, (1983). . . .