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. 501.055

501.055 Home solicitation sale; penalties.—

(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 possession a valid, current permit as required by s. 501.022 or who uses or attempts to use an expired, suspended, or revoked home solicitation sale permit in a home solicitation sale is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Upon second or subsequent conviction for violation of this subsection, the offender is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any person who uses a false or fictitious name in any application for a home solicitation sale permit or certificate as provided for in s. 501.022 or who makes a false statement, conceals a material fact, or otherwise commits a fraud in any such application is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Upon a second or subsequent conviction for violation of this subsection, the offender is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The obtaining of two or more permits which are in different names or the possession of two or more such permits shall be prima facie evidence that this subsection has been violated.

History.—s. 8, ch. 70-363; s. 457, ch. 71-136; s. 5, ch. 86-144; s. 4, ch. 87-344; s. 122, ch. 91-224; s. 615, ch. 97-103.

F.S. 501.055 on Google Scholar

F.S. 501.055 on Casetext

Amendments to 501.055

Arrestable Offenses / Crimes under Fla. Stat. 501.055

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

S501.055 2 - PUBLIC ORDER CRIMES - HOME SOLICITATION WO PERMIT SUBSQ OFF - F: T

S501.055 2 - PUBLIC ORDER CRIMES - HOME SOLICITATION WO PERMIT 1ST OFF - M: F

S501.055 3 - FRAUD-IMPERSON - FALSE NAME HOME SOLICITATION APPLIC SUBSQ OFF - F: T

S501.055 3 - FRAUD-IMPERSON - FALSE NAME HOME SOLICITATION APPLIC 1ST OFF - M: F

S501.055 3 - FRAUD-FALSE STATEMENT - HOME SOLICITATION APPLICATION SUBSQ OFF - F: T

S501.055 3 - FRAUD-FALSE STATEMENT - HOME SOLICITATION APPLICATION 1ST VIOL - M: F

S501.055 3 - FRAUD - OTHER FRAUD APPLIC HOME SOL PERMIT SUBSQ OFF - F: T

S501.055 3 - FRAUD - OTHER FRAUD APPLIC HOME SOL PERMIT 1ST VIOL - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

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 . . . and finds further that the Plaintiffs failed to prove the applicability of Sections 501.021 through 501.055 . . .

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

. . . Sections 501.021— 501.055, Florida Statutes, (1983). . . .