HB 1479 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1479-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to sales solicitation; amending ss. 2
501.025 and 501.031, F.S.; revising provisions 3
relating to the cancellation of home solicitation 4
sales; amending s. 501.052, F.S.; providing rights of 5
action for home solicitation sale violations; amending 6
s. 501.055, F.S.; providing liability for damages in 7
civil actions; amending s. 501.059, F.S.; prohibiting 8
telephone solicitors from conducting certain pa yment 9
transactions; limiting certain solicitation calls; 10
authorizing the cancellation of certain transactions 11
within a specified time period; providing an effective 12
date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
16
Section 1. Section 501.025, Florida Statutes, is amended 17
to read: 18
501.025 Home solicitation sale; buyer's right to cancel. —19
In addition to any other right to revoke an offer, the buyer has 20
the right to cancel a home solicitation sale until midnight of 21
the 30th calendar third business day after the day on which the 22
buyer receives the product signs an agreement or offer to 23
purchase. Cancellation is evidenced by the buyer giving written 24
notice of cancellation in person , by telegram, or by mail, 25
HB 1479 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1479-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
facsimile, or electronic transm ission to the seller at the 26
address stated in the agreement or offer to purchase. The 27
written notice of cancellation given by mail shall be effective 28
upon postmarking. The notice of cancellation need not take a 29
particular form and is sufficient if it indic ates by any form of 30
written expression the intention of the buyer not to be bound by 31
the home solicitation sale. Notice of a buyer's right to cancel 32
must appear on every note or other evidence of indebtedness 33
given pursuant to any home solicitation sale. F or the purposes 34
of this section, unless a mortgage also creates the buyer's 35
promise to pay the secured debt, it is not an evidence of 36
indebtedness. 37
Section 2. Subsection (2) of section 501.031, Florida 38
Statutes, is amended, and subsection (3) is added to that 39
section, to read: 40
501.031 Home solicitation sale; written agreement. —Every 41
home solicitation sale shall be evidenced by a writing as 42
provided in this section. 43
(2) The statement must: 44
(a) Appear under the conspicuous caption, "BUYER'S RIGHT 45
TO CANCEL"; 46
(b) Read as follows: "This is a home solicitation sale, 47
and if you do not want the goods or services, you may cancel 48
this agreement by providing written notice to the seller in 49
person, by telegram, or by mail, facsimile, or electronic 50
HB 1479 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1479-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
transmission. This notice must indicate that you do not want the 51
goods or services and must be delivered or postmarked before 52
midnight of the third business day after you sign this 53
agreement. If you cancel this agreement, the seller may not keep 54
all or part of any cash down payment." 55
(3) The seller must also verbally inform the buyer of the 56
right to cancel under subsection (2). 57
Section 3. Section 501.052, Florida Statutes, is amended 58
to read: 59
501.052 Home solicitation sale; enforcement authority; 60
injunctive relief.—The Attorney General or state attorney may 61
institute proceedings to enjoin any person found to be violating 62
the provisions of ss. 501.021 -501.055. A buyer who is aggrieved 63
by a violation of the provisions of ss. 501.021 -501.055 may 64
bring an action to enjoin such violation and recover damages. 65
Section 4. Subsection (4) is added to section 501.055, 66
Florida Statutes, to read: 67
501.055 Home solicitation sale; penalties. — 68
(4) In the case of a private civil action for a violation 69
of any of the provisions of ss. 501.025 -501.047, the seller is 70
liable for damages equal to 3 times the amount charged to the 71
buyer. 72
Section 5. Subsection (9) through (13) of section 501.059, 73
Florida Statutes, are renumbered as subsections (10) through 74
(14), respectively, and a new subsection (9) is added to that 75
HB 1479 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1479-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
section to read: 76
501.059 Telephone solicitation. — 77
(9)(a) A telephone solicitor may not make or cause to made 78
a charge to the debit card, secured or unsecured credit card, or 79
any other line of credit of a consumer over the age of 60; an 80
electronic transfer of funds from the bank account of a consumer 81
over the age of 60; or obtain a wire transfer or payment in any 82
cash equivalent from a consumer over the age of 60 for payment 83
of a product or service without receiving a verification form 84
bearing the signature of the consumer within 72 hours after the 85
date of the transaction. 86
(b) A telephone solicitor may not contact a consumer over 87
the age of 60 about the same product or service more than once 88
in a 30-day period, unless the consumer requests to contacted 89
sooner. 90
(c) A consumer over the age of 60 who makes a payment over 91
the telephone for a product or service may cancel the 92
transaction and rescind any contract without cause within 90 93
days after the date of t he transaction. 94
Section 6. This act shall take effect July 1, 2022. 95