The 2023 Florida Statutes (including Special Session C)

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

Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY

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F.S. 559.809

559.809 Prohibited acts.—Business opportunity sellers shall not:

(1) Misrepresent, by failure to disclose or otherwise, the known required total investment for such business opportunity.

(2) Misrepresent or fail to disclose efforts to sell or establish more franchises or distributorships than it is reasonable to expect the market or market area for the particular business opportunity to sustain.

(3) Misrepresent the quantity or the quality of the products to be sold or distributed through the business opportunity.

(4) Misrepresent the training and management assistance available to the business opportunity purchaser.

(5) Misrepresent the amount of profits, net or gross, which the franchisee can expect from the operation of the business opportunity.

(6) Misrepresent, by failure to disclose or otherwise, the termination, transfer, or renewal provision of a business opportunity agreement.

(7) Falsely claim or imply that a primary marketer or trademark of products or services sponsors or participates directly or indirectly in the business opportunity.

(8) Assign a so-called “exclusive territory” encompassing the same area to more than one business opportunity purchaser.

(9) Provide vending locations for which written authorizations have not been granted by the property owners or lessees.

(10) Provide machines or displays of a brand or kind substantially different from and inferior to those promised by the business opportunity seller.

(11) Fail to provide the purchaser a written contract as provided in s. 559.811.

(12) Misrepresent their ability or the ability of a person or entity providing services as defined in s. 559.801(1)(a) to provide locations or assist the purchaser in finding locations expected to have a positive impact on the success of the business opportunity.

(13) Misrepresent a material fact or create a false or misleading impression in the sale of a business opportunity.

(14) Fail to provide or deliver the products, equipment, supplies, or services as specified in the written contract required under s. 559.811.

History.—s. 1, ch. 79-374; s. 6, ch. 93-244; s. 32, ch. 97-98; s. 14, ch. 2001-214.

F.S. 559.809 on Google Scholar

F.S. 559.809 on Casetext

Amendments to 559.809

Arrestable Offenses / Crimes under Fla. Stat. 559.809

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

S559.809 - FRAUD - BUSINESS VIOLATE MISREP BUSINESS AGREEMENT - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

SIEVER, v. BWGASKETS, INC. M. P., 669 F. Supp. 2d 1286 (M.D. Fla. 2009)

. . . . §§ 559.809 et seq. . . . the Plaintiffs maintain that, in addition to breach of contract, the Defendants violated both Section 559.809 . . . breach of contract and fraud claims, the Plaintiffs could still maintain a FSBOA claim under Section 559.809 . . . Accordingly, the Plaintiffs may establish a claim under FSBOA for breach of contract and violation of Section 559.809 . . . Section 559.809(6), Florida Statutes, states that ''[b]usiness opportunity sellers shall not (6) misrepresent . . .

BARNES, v. BURGER KING CORPORATION, a, 932 F. Supp. 1420 (S.D. Fla. 1996)

. . . . § 559.809(3) “by purposefully misrepresenting its encroachment policy to BARNES and failing to disclose . . . Barnes further alleges that Burger King violated Fla.Stat. § 559.809(9) “by awarding' another Burger . . .

STATE v. McCARTHY,, 615 So. 2d 784 (Fla. Dist. Ct. App. 1993)

. . . The state appeals the order of the trial court declaring section 559.809(1), Florida Statutes (1989), . . . Section 559.809(1) states that “[bjusiness opportunity sellers shall not: (1) Misrepresent the prospects . . . We agree with the trial judge that section 559.809(1) is unconstitutionally vague. . . . Consequently, section 559.809(1) invites arbitrary and discriminatory enforcement because it does not . . . We also agree with the trial judge’s finding that section 559.809(1) is overbroad. . . .

DOCTORS ASSOCIATES, INC. a v. C. McCRORY, 501 So. 2d 126 (Fla. Dist. Ct. App. 1987)

. . . expected profits and/or the quantity or quality of the franchises to be sold, in violation of section 559.809 . . .