§ 74-2. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agent means an individual who is authorized to represent and act for a business and whose function is to engage in door-to-door canvassing, selling, demonstrating or taking orders for goods, wares, merchandise or services that are to be delivered immediately or at a later time and also includes an individual who is authorized as a paid solicitor to represent and act for a charitable organization and whose function is to go door to door soliciting contributions for the charitable organization.

Contribution means the donation, promise or grant of any money or property of any kind or value.

Director means the director of the public information department or his designee.

Drummer means a person engaged in soliciting orders, including exhibiting samples, for the purpose of effecting sales for a nonresident merchant.

Home solicitation sale means a sale, lease or rental of consumer goods or services with a purchase price in excess of $25.00 which includes all interest, service 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 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, lease or 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 the seller's fixed-location business establishment, including a transaction unsolicited by the consumer and consummated by telephone and without any other contact between the buyer and the seller or the seller's representative prior to the 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 a sale, lease or rental that results from a request for specific goods or services by the purchase or lease or a sale made by a motor vehicle dealer licensed under F.S. § 320.27 which occurs at a location or facility open to the general public or to a designated group.

Peddling means traveling by foot, automotive vehicle, motor truck or any other type of conveyance from place to place, house to house or from street to street carrying, conveying, transporting, offering for sale or selling goods, wares, merchandise or services or making deliveries of goods, wares or merchandise from place to place or house to house within the unincorporated area of the county. Any person who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade this chapter shall be deemed to be engaged in peddling and shall be subject to this chapter.

Person means any individual (proprietorship), company, partnership, limited partnership, association or corporation. It shall also include an organization, church, group, corporation, association, partnership, individual or if applicable any other entity which raises funds for charitable purposes or which solicits contributions for charitable purposes acting as a professional solicitor.

Professional solicitor means any person who is compensated for his solicitation of funds for charitable purposes in any manner whatsoever that is based on or related to the amount of money or property collected as a result of his solicitation of funds. A paid fundraising counsel shall not be deemed to be a professional solicitor.

Solicit funds or solicitation of funds means any professional solicitor proceeding door to door within the unincorporated area of the county requesting the donation of money, property or anything of value or the pledge of a future donation of money, property or anything of value or the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including but not limited to books, pamphlets, publications or subscriptions to publications or brochures, upon the representation, express or implied, that the proceeds of such sale will be used for a charitable purpose as such term is defined in this section. Expressly excluded from the meaning of the term "solicit funds" or "solicitation of funds" is any offer of membership in any charitable organization. A solicitation of funds is complete when the solicitation is communicated to any individual then located within the unincorporated area of the county.

Soliciting means offering for sale, selling or delivering any wares, merchandise, goods or services within the unincorporated area of the county.

(Code 1970, § 16½-54; Ord. No. 92-05, § 4, 4-15-92)

Cross reference

Definitions generally, § 1-2.