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The exemption still requires a notice
The reviewed 2026 section 559.802 conditions the exemption from Part VII on a franchise meeting the federal definition, a notice stating substantial compliance with applicable Federal Trade Commission (FTC) requirements, and payment of the set fee before the covered offer or sale.
The scope includes a franchise to be located in Florida or a Florida resident. For example, a Florida resident seeking an outlet in another state still raises the residence branch. A completed Franchise Disclosure Document (FDD) does not itself satisfy the notice requirement.
The annual fee and renewal period
The initial exemption lasts one year from notice filing and may be renewed annually. Use the actual filing date for that period.
The statute permits a fee of no more than $100. The official rule-reference page now supplies the incorporated FDACS-10500 application, including its modified January 2023 copy: it states a $100 annual filing fee, nonrefundable. The current agency page directs applications and renewals to its Consumer Services Licensing Portal; its signed-in workflow was not inspected. The older paper packet’s mailing directions are not presented here as the current online procedure.
A notice does not validate a sales claim
Section 817.416 separately addresses intentional misrepresentations about success, known required total investment and market capacity for relationships within its own definition, including the specified commercial distribution, independent-business and basic-goods-supply reliance conditions. The linked representations guide explains that narrower question and the required civil showing for remedies.
Scope
- The incorporated application states the fee; current signed-in portal steps and acceptance were not inspected. This remains the qualifying notice route, not complete sales or operating-law treatment.
Next step
Establish the qualifying exemption and actual seller, then use the agency’s current portal and annual notice process before a covered offer.
Sources & review notes
Florida Department of Agriculture and Consumer Services
Passage, dates and research notes
official-guidance · Annual Franchise Exemption filing
The Franchise Exemption filing remains in place.
Agency distinguishes discontinued registration documents from continuing exemption filing. Linked packet redirected to sign-in and was not used.
Florida Legislature
Passage, dates and research notes
primary · Subsections 1–3
Before offering for sale or selling a franchise to be located in this state or to a resident of this state
Current 2026 statutory page read. Statute sets fee caps, not the agency current actual fee; no exact payable fee is inferred from the cap.
Florida Legislature
Passage, dates and research notes
primary · Complete 817.416(1)–(4)
Intentionally to misrepresent the prospects or chances for success
Actual complete 2026 section read. Its four-part relationship definition, including substantial reliance on the franchisor for basic goods supply, is independent of the federal definition used by 559.802. Intentional misrepresentation, civil showing and discretionary/mandatory remedy wording are preserved. Not a general good-cause termination law. Actual readable official body downloaded and cited operative provisions read; fetch timestamp is separate from substantive verification.
Florida Department of Agriculture and Consumer Services / Florida Administrative Code reference archive
Passage, dates and research notes
official-guidance · FDACS-10500 instructions, payment and application
Include Annual Filing Fee in the amount of $100.00 (all fees are non-refundable).
The current FDACS program page links FAC 5J-10.002 and Ref-00983. The full three-page modified copy listed January 12, 2023 was read; its underlying form revision remains July 2011. It states a $100 nonrefundable annual fee and the listed fields. Old mailing directions are not assumed to describe the current signed-in portal.
Florida Department of State
Passage, dates and research notes
official-guidance · Reference index and modified/adopted documents
The Commissioner's name has been updated.
Reference provenance only. This official index distinguishes the modified January 2023 copy from the adopted 2012 reference. No webpage publication date is inferred.
Detailed rule records (2)
2026 section 559.802 exempts qualifying federal-definition franchises from Part VII if, before offering or selling a franchise located in Florida or to a Florida resident, the franchisor files the notice of substantial FTC compliance and pays the set fee. The exemption lasts one year from filing and may be annually renewed.
2026 Florida Statutes 559.802 Sellers of Business Franchises Florida incorporated Franchise Exemption Application, modified January 2023 copy Florida FAC Ref-00983: incorporated franchise application versionsTest 817.416’s actual four-part commercial/distribution/independent-business/basic-goods-supply relationship. For covered relationships, do not intentionally misrepresent success prospects, known total investment or the stated excess-franchise market-sustainability facts.
Florida Statutes 2026, 817.416 — franchise/distributorship misrepresentationsKeep this reading in your learning library.
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