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Florida Statute 559.21 | Lawyer Caselaw & Research
F.S. 559.21 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY
View Entire Chapter
F.S. 559.21
559.21 Regulation of sales.
(1) A person may not publish or conduct any sale of the type herein defined without a permit therefor. Such permit shall be issued by the tax collector, upon written application and verified by the person who, or by an officer of the corporation which intends to conduct such sale. Such application shall contain a description of the place where such sale is to be held, the nature of the occupancy, and whether by lease or sublease and the effective date of termination of such occupancy, the means to be employed in publishing such sale. Such application shall further contain, as part thereof, an itemized list of the goods, wares, and merchandise to be offered for sale.
(2) Upon receipt of such application and payment of the fee prescribed in s. 559.23, the tax collector shall examine the same, and may make such investigation as she or he may deem proper. The tax collector shall determine if the person or corporation that intends to conduct the sale owes any taxes with respect to the goods to be offered for sale. The tax collector may not issue a permit to such person or corporation until all delinquent taxes on such goods have been paid. If after such investigation she or he is satisfied as to the truth of the statements contained in such application, the tax collector may issue a license permitting the publication and conduct of such sale on the following terms:
(a) The permit shall authorize the sale described in the application for a period of not more than 60 consecutive days, counting Sundays and legal holidays following the issuance thereof.
(b) The permit shall authorize only the one type of sale described in the application at the location named therein.
(c) The permit shall authorize only the sale of goods described in the inventory attached to the application.
(d) Upon being issued a permit hereunder for a going-out-of-business sale, the permittee shall surrender to the tax collector all other business licenses she or he may hold at that time applicable to the location and goods covered by the application for a permit under this part, which license or licenses shall be transmitted by the tax collector to the licensing authority for cancellation.
(e) Any permit herein provided for shall not be assignable or transferable.
History.s. 2, ch. 59-292; ss. 12, 35, ch. 69-106; s. 198, ch. 77-104; s. 1, ch. 93-82; s. 37, ch. 95-312; s. 811, ch. 97-103.

F.S. 559.21 on Google Scholar

F.S. 559.21 on Casetext

Amendments to 559.21


Arrestable Offenses / Crimes under Fla. Stat. 559.21
Level: Degree
Misdemeanor/Felony: First/Second/Third

S559.21 - PUBLIC ORDER CRIMES - GOING OUT OF BUSINESS/FIRE SALE WO PERMIT - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE T. PANTAZELOS, T. v. J. LLP,, 562 B.R. 723 (Bankr. N.D. Ill. 2016)

. . . sold for $151,560 and even assuming that no exemptions were claimed, Debtor’s priority claims ($15,-559.21 . . .

In K. HAAKE,, 483 B.R. 524 (Bank. W.D. Wis. 2012)

. . . . § 559.21, a process which is “in the nature of a statutory strict foreclosure.” Id. at 230. . . . Stat. § 559.21, Ms. . . . problems associated with contracts for deed and provided vendees with the right to cure under Minn.Stat. § 559.21 . . . potentially severe consequences” of cancellation of a contract for deed have been “ameliorated” by § 559.21 . . . Circuit Court of Appeals, however, the notice of cancellation of a contract for deed under Minn.Stat. § 559.21 . . .

In LUMBAR, f k a f k a J. v. J. C. J. C., 446 B.R. 316 (Bankr. D. Minn. 2011)

. . . . § 559.21, on the Debtor’s concession to the Welshes and 15 days after the parties’ agreement to dismiss . . .

BAILEY, v. UNITED STATES,, 78 Fed. Cl. 239 (Fed. Cl. 2007)

. . . Stat. section 559.21, the lot would have been transferred to Mr. Bailey by operation of law. . . . acknowledges that the vendor has the statutory right to cancel the contract upon default, under Minn.Stat. § 559.21 . . . Stat. § 559.21; see also, e.g., Def's App. 155 (¶ 16 of contract for deed, explaining default remedy, . . .

In EDINA DEVELOPMENT CORPORATION,, 370 B.R. 894 (Bankr. D. Minn. 2007)

. . . . § 559.21, the statute that governs cancellation. Conley v. . . . Minn.Stat. § 559.21 prescribes the form and content of a notice of cancellation of contract for deed, . . . Minn.Stat. § 559.21 does allow a canceling vendor to require performance of an after-maturing obligation . . . But the fact remains that Minn.Stat. § 559.21 neither prohibits a cure payment via personal check, nor . . .

In D. HENKE,, 84 B.R. 693 (Bankr. D. Mont. 1988)

. . . MINN.STAT § 559.21, subd. 1; See In re S.R.A. . . . STAT. § 559.21 constitutes such a law.” . . . STAT. § 559.21 requires the giving of 45 days notice to cure a default under a Contract for Deed of real . . .

In MAANUM MAANUM v. RIEFFER, 828 F.2d 459 (8th Cir. 1987)

. . . . § 559.21. . . . Section 559.21 gave the Maanums 45 days to cure the default or else the contract would be void and they . . . Minn.Stat. § 559.21, subd. 1; see In re S.R.A., Inc., 219 Minn. 493, 18 N.W.2d 442, 450-51 (1945), aff'd . . . We have no doubt that Minn.Stat. § 559.21 constitutes such a law. . . . Minn.Stat. § 559.21, subd. 1 (1984). . The Honorable Margaret A. . . .

In MAANUM MAANUM v. RIEFFER, 828 F.2d 459 (8th Cir. 1987)

. . . . § 559.21. . . . Section 559.21 gave the Maanums 45 days to cure the default or else the contract would be void and they . . . Minn.Stat. § 559.21, subd. 1; see In re S.R.A., Inc., 219 Minn. 493, 18 N.W.2d 442, 450-51 (1945), aff . . . We have no doubt that Minn.Stat. § 559.21 constitutes such a law. . . . together with an amount to apply on attorneys’ fees actually expended or incurred * *, Minn.Stat. § 559.21 . . .

B. JOHNSON, M. M. v. UNITED STATES, 799 F.2d 374 (8th Cir. 1986)

. . . . § 559.21 (1982). . . . Notice to the United States is not required by Minn.Stat. § 559.21. . . . Minn.Stat. § 559.21 (1982). . . . Minn.Stat. § 559.21, Subd. 5 (1982). . 26 U.S.C. § 7425(b) provides for discharge of liens. . . .

In L. CRAWLEY D., 53 B.R. 40 (Bankr. D. Minn. 1985)

. . . served the Debtors with a notice of cancellation of contract for deed pursuant to Minnesota Statute § 559.21 . . . The cancellation of the Debtors’ contract for deed required 30 or 60 days under M.S.A. § 559.21. . . . interest of the Debtors was terminated by virtue of the expiration of the appropriate time under M.S.A. § 559.21 . . . M.S.A. § 559.21, subd. 2. . . . .

In G- N PARTNERS, G- N a, 48 B.R. 462 (Bankr. D. Minn. 1985)

. . . . § 559.21 under which the earnest money contracts would have terminated on December 30, 1984. 9. . . .

CULLIGAN INTERNATIONAL COMPANY, a v. CULLIGAN WATER CONDITIONING OF CARVER COUNTY, INC. a R. Jr., 563 F. Supp. 1265 (D. Minn. 1983)

. . . . § 559.21, a party cancelling a contract for deed must state with particularity the amount due. . . .

In HENRICKSON I. KAMPF, v. FIRST NATIONAL BANK OF MINNETONKA Mr., 14 B.R. 474 (Bankr. D. Minn. 1981)

. . . . § 559.21 on the debtor prior to September, 1980. . . . a number of cases which have been decided on cancellation of contracts for deed under Minn.Stat. § 559.21 . . . Under Minn.Stat. § 559.21 and the cases thereunder, when the vendor on a contract for deed accepts a . . . Stat. 559.21 states that a notice of cancellation, if different in amount than that specified, is ineffective . . .

ZIRINSKY, v. L. SHEEHAN, D., 413 F.2d 481 (8th Cir. 1969)

. . . the notice of termination was ineffective, since it was not in compliance with Minnesota Statute § 559.21 . . . Section 559.21 of the Minnesota statutes provides: “When default is made in the conditions of any contract . . .