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Can I sell products or services online without violating e-commerce laws in Florida? What are the requirements?

Selling Products or Services Online in Florida

If you plan to sell products or services online in Florida, you must comply with the state’s e-commerce laws. Here are some requirements you need to consider:

  1. Business Registration: You must register your business with the Florida Department of State Division of Corporations. You can register your business online or by mail. [1.1]
  2. Certification of Business Activities: If you offer prearranged travel or tourist-related services for individuals or groups directly to any terrorist state and which originate in Florida, you must annually certify your business activities by filing a disclosure statement with the department. [1.1]
  3. Contracts: Every business opportunity contract must be in writing, and a copy must be given to the purchaser at least 3 working days before signing the contract. The contract must include the terms and conditions of payment, a full and detailed description of the acts or services that the business opportunity seller undertakes to perform for the purchaser, the seller’s principal business address, and the name and address of its agent in the state authorized to receive service of process. [4.1]
  4. Unlawful Acts and Practices: Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful. [2.1][3.1]
  5. Licensure of Salespersons: If you plan to hire salespersons, they must be licensed by the Florida Department of Agriculture and Consumer Services. The application must set forth the applicant’s true name, date of birth, driver license number or other valid form of identification, and home address. [5.1]
  6. Exemptions: There are certain exemptions to the Florida e-commerce laws, such as for franchises and certain types of travel-related services. [1.2][4.3]

If you comply with these requirements and exemptions, you can sell products or services online in Florida without violating e-commerce laws. Note that this is not an exhaustive list of all the requirements and exemptions you need to consider. You may need to consult with a legal professional to ensure that you comply with all applicable laws and regulations.

[1.1]: FLCL 559.9285 [2.1]: FLCL 507.08 [1.2]: FLCL 559.935 [3.1]: FLCL 501.204 [4.1]: FLCL 559.811 [5.1]: FLCL 501.607 [4.3]: FLCL 559.802

Source(s):
Jurisdiction

Florida