Solicitation FAQ

Questions and Answers Regarding Chapter 501, Florida Statutes

The 1986 Florida Legislature amended the above law to require that as of October 1, 1986, persons who are engaged in certain personal door-to-door solicitation activities obtain permits issued by the county.

This is a very general outline of the provisions of the above law and any specific questions regarding its applicability to any individual or business situation should be referred to private attorneys for advice.

Solicitors will be referred to as “sellers,” those being solicited as “buyers,” and the Clerk of the Circuit Court as the “Clerk.”

 
How is “Home solicitation sale” defined by law?

“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, services 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:

  1. 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, rental and

  2. 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 contract between the buyer and the seller or 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 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, Florida Statutes, which occurs at a location or facility open to the general public or to a designated group.

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What is this permit called?
This permit is called the Home Solicitation Sales Permit. Return to Top
Who must obtain a permit?
All adults who engage in door-to-door, face-to-face “home solicitation sales” as defined in the law, and all adults who supervise minors engaged in such home solicitation sales must obtain a permit. Return to Top
When is solicitation not “Home Solicitation?”
When the aggregate value of the sale, lease, or rental of consumer goods is less than $25.00; when the solicitation is by use of catalogs, samples, or brochures for future delivery; when the solicitation is made at the invitation of the prospective buyer; when a solicitation is made at the usual place of business of a buyer regarding product or service for use in connection with the buyer’s regular business; when the solicitor is under 18 years of age (except when otherwise covered by the law, minors must be supervised by an adult who has a valid permit); when the solicitation is for certain funeral arrangements as regulated by Chapters 470, 497, and 639, Florida Statutes; or when the solicitation occurs at a fair or similar commercial exhibit. Return to Top
What about phone solicitation?

According to section 501.022, (1)(b), Florida Statutes, the following are exempt from operation of home solicitation sale:

  • Bonafide agents, business representatives, or salespersons making calls or soliciting orders at the usual place of business of a customer regarding product or service for use in connection with the customer’s business.

  • Solicitors, salespersons, or agents making a call of business visit upon the express invitation, oral or written, of an inhabitant of the premises or her or his agent.

  • Telephone solicitors, salespersons, or agents making calls which involve transactions that are unsolicited by the consumer and consummated by telephone and without any other contact between the buyer and the seller or representative prior to delivery of the goods or performance of the services.

  • Solicitors, salespersons, or agents making calls or soliciting orders on behalf of a religious, charitable, scientific, educational, or veterans’ institution or organization holding a sales tax exemption certificate under section 212.08(7)(a), Florida Statutes.

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Who issues the permit?

Sumter County Clerk of the Courts
Recording Department
215 E McCollum Ave, Room 190
Bushnell, Florida 33513

Telephone: 352-569-6600

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How much does it cost to apply for a permit and how long is it valid?
A non-refundable fee of $75 is required to apply for a permit, which is valid for one year from date of issuance. The Clerk can only accept a cashier’s check or money orders made payable to the Sumter County Clerk of the Courts Return to Top
How does one apply for a permit?

Obtain an application form from the Recording Department or online at www.sumterclerk.com under Official Records. Applicants must provide the Clerk with two (2) head and shoulders (passport) photographs, at least 1 ½ “ x 1 ½” in size, the completed and notarized application, the payment of $75, and a receipt from FDLE or an FDLE-approved Live Scan service provider showing the submission of electronic fingerprints and payment of $24.00 to FDLE for a State of Florida background check. A list of FDLE Live Scan approved providers may be found at www.fdle.state.fl.us/Criminal-History-Records/Registered-LiveScan-Submitters

Please make sure the Live Scan company that submits fingerprints to FDLE for your Home Solicitation Sale Permit uses our account/ORI number: FL760125Z

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How long will it take for a permit to be issued?
This will vary depending on how soon the fingerprint and background checks can be completed by FDLE. The law requires FDLE to report any criminal information within 60 days after they receive the fingerprints and a copy of the application Return to Top
Is this the only permit required?
Yes, unless a municipal permit is required. Please contact the municipality where home solicitation sales will occur regarding the permitting requirements Return to Top
For what reasons may a permit be denied, revoked, or suspended?

If it is determined that an applicant or permitholder:

  1. Has been convicted of or has entered a plea of guilty or nolo contendere in certain crimes;

  2. Has obtained a permit by fraud, false statement, misrepresentation, or failure to truthfully answer any question in the required permit application;

  3. Has failed to obtain required municipal occupational licenses or has failed in any material respect to comply with the provisions of sections 501.201 - 501.055, Florida Statutes

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How will notice of approval or denial of any application be handled?
If the application is approved, the Clerk will notify the applicant by mail or phone. If the application is denied, the Clerk will notify the applicant by certified mail, return receipt requested Return to Top
What will a permit look like?
The permit will be a laminated identification card bearing the photograph of the permitholder as well as additional identifying information Return to Top
What if a permit is issued and then the holder moves or has a name change?
Any such change of name or address must be furnished to the Clerk in writing within 15 days Return to Top
Who will enforce the law?
Local law enforcement agencies and the Sumter County Sheriff’s Office will enforce the law Return to Top
What is the responsibility of businesses having employees covered by this law?
Businesses should refer to section 501.046, Florida Statutes, and verify compliance with the requirements contained therein Return to Top
What if the person(s) engaging in home solicitation sales is going to be active in more than one county or on a statewide basis?
The applicant should obtain a permit in the county where the primary place of business is located or, if no such location, from the Clerk in any county. If a permit is issued, it may be registered upon payment of any applicable fee with the Division of Consumer Services and upon verification of validity of the underlying permit, the Division shall issue a certificate, valid for one year, which shall allow the holder to solicit on a statewide basis Return to Top
What are the penalties for failure to comply with the law?
Under section 501.55, Florida Statutes, penalties range from misdemeanor in the first degree to felony in the third degree Return to Top