Florida
Franchise Registration
Florida
Florida is not a franchise registration state but does require either a Business Opportunity Franchise Exemption or a Business Opportunity disclosure document prior to offering or selling franchises or business opportunities in the state.
Florida Franchise Laws
Florida is not a Franchise Registration State; however, many franchises qualify as Business Opportunities and, therefore, must comply with Florida’s Business Opportunity Franchisor Exemption filing requirements.
In addition, a franchisor must have a current FTC-compliant FDD to offer or sell franchises in Florida and comply with the Franchise Rule disclosure timing provisions.
Florida Franchise Relationship and Termination Laws
There are no franchise laws that specifically govern the franchise relationship or termination of a franchisee in Florida.
Florida Business Opportunity Laws
Florida’s Business Opportunity Laws define a “Business opportunity” as the sale or lease of any products, equipment, supplies, or services that are sold or leased to a purchaser to enable the purchaser to start a business for which the purchaser is required to pay an initial fee or sum of money which exceeds $500 to the seller, and in which the seller represents:
1) That the seller or person or entity affiliated with or referred by the seller will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases, currency or card operated equipment, or other similar devices or currency-operated amusement machines or devices on premises neither owned nor leased by the purchaser or seller;
2) That the seller will purchase any or all products made, produced, fabricated, grown, bred, or modified by the purchaser using in whole or in part the supplies, services, or chattels sold to the purchaser;
3) That the seller guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid or rent charged for the business opportunity or that the seller will refund all or part of the price paid or rent charged for the business opportunity, or will repurchase any of the products, equipment, supplies, or chattels supplied by the seller, if the purchaser is unsatisfied with the business opportunity; or
4) That the seller will provide a sales program or marketing program that will enable the purchaser to derive income from the business opportunity, except that this paragraph does not apply to the sale of a sales program or marketing program made in conjunction with the licensing of a trademark or service mark that is registered under the laws of any state or of the United States if the seller requires use of the trademark or service mark in the sales agreement.
Fla. Stat. Ann. § 559.801
Florida Trademark Exemption from Business Opportunity Laws
Franchises with federally registered trademarks are excluded from the Business Opportunity Laws if the franchisor files a franchisor exemption. Fla. Stat. Ann. § 559.802
Requirements for Submitting a Florida Franchisor Exemption
The Franchisor exemption can be claimed by sending a request to Florida using Florida’s Florida Exemption Application Packet and including the following information:
- Legal name and address of the franchise company;
- Franchise Name
- Federal Employer ID Number
There is a $100 nonrefundable fee required to claim the exemption. The filing is required annually to maintain the exemption.
Florida Business Opportunity Requirements
The offer or sale of a business opportunity in Florida no longer requires registration with the state. However, an appropriate business opportunity disclosure statement and bond is required. Fla. Stat. Ann. § § 559.803 & 559.807.
More information about Florida’s Business Opportunity Laws
You can learn more about Florida’s Business Opportunity requirements at this page:
Sellers of Business Franchises
Florida Business Opportunities
If you offer a business opportunity in Florida, we can help you determine if, and how, your company must comply with Florida’s Business Opportunity Laws.
To learn more about our franchise services and how we can help you with your franchise registrations and growing your franchise in Florida, please Contact Us or call us at (757) 263-4596. You can also visit our interactive map to learn more about other state franchise laws.
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