(1) It shall be unlawful for any person to make or disseminate or cause to be made or disseminated before the general public of the state, or any portion thereof, any misleading advertisement. Such making or dissemination of misleading advertising shall constitute and is hereby declared to be fraudulent and unlawful, designed and intended for obtaining money or property under false pretenses.
(2) It shall be unlawful for any person to advertise, in any way or by any medium whatsoever, any sale as a “wholesale sale,” “below cost sale,” or terms of similar purport, unless the goods, wares or merchandise offered for sale thereby are offered by the seller at or below his or her delivered net cost price, or below the average wholesale price of such goods, wares, or merchandise. Such advertising of goods, wares, or merchandise for sale shall constitute and is hereby declared to be fraudulent and unlawful, designed and intended for obtaining money or property under false pretenses.
(3) Any retailer using the term or phrase “wholesale sale,” “below cost sale,” or terms of similar purport, in connection with the sale of goods, wares, or merchandise at retail, shall, upon demand by a customer, forthwith make available, unless the same shall have theretofore been made available, to the Better Business Bureau, the Merchant’s Division of the Chamber of Commerce, or to the state attorney’s office for inspection, invoices, or shipping charges or true and correct copies thereof, of any goods, wares, or merchandise so offered for sale, described or represented, indicating the delivery net cost to the seller of the particular goods, wares or merchandise sold or offered for sale, from which the seller’s delivered net cost may be determined. The said retailer shall also and at the same time give all reasonable assistance in determining and ascertaining his or her net cost price of said goods, wares, or merchandise. The said Better Business Bureau, Merchant’s Division of the Chamber of Commerce or state attorney, upon determining the said delivered net cost, shall forthwith issue a certificate evidencing such delivered net cost, as determined, and deliver the same to the retailer for delivery or exhibition to the customer. Unless such certificate shall show a delivered net cost equal to or in excess of the advertised price, the retailer shall be presumed to have violated this law.
(4) There shall be a rebuttable presumption that the person named in or obtaining the benefits of any misleading advertisement or any such sale is responsible for such misleading advertisement or unlawful sale.
(5) No retailer shall knowingly and willfully advertise merchandise for sale at a special or wholesale price, in any way or by any medium whatsoever, if he or she does not have sufficient quantities of the advertised merchandise to meet the reasonably foreseeable demand, unless the fact of limited quantity and the approximate number of items is stated in the advertisement, or unless the retailer provides a means by which the consumer may obtain the advertised item at the advertised price within a reasonable time or a value equivalent thereto.
(6) Any person prevailing in a civil action for violation of this section shall be awarded costs, including reasonable attorney’s fees, and may be awarded punitive damages in addition to actual damages proven. This provision is in addition to any other remedies prescribed by law.
History.—s. 2, ch. 59-301; s. 1, ch. 73-60; s. 2, ch. 77-304; s. 1258, ch. 97-102.
Structure Florida Statutes
Chapter 817 - Fraudulent Practices
Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.569)
817.02 - Obtaining property by false personation.
817.021 - False information to obtain a seaport security identification card.
817.025 - Home or private business invasion by false personation; penalties.
817.03 - Making false statement to obtain property or credit.
817.031 - Making false statements; venue of prosecution.
817.032 - Information available to identity theft victims.
817.034 - Florida Communications Fraud Act.
817.0345 - Prohibition of fraudulent marketing practices.
817.05 - False statements to merchants as to financial condition.
817.06 - Misleading advertisements prohibited; penalty.
817.061 - Misleading solicitation of payments prohibited.
817.08 - Receiving money or property upon false promises of services as seaman or sponge fisher.
817.11 - Obtaining property by fraudulent promise to furnish inside information.
817.14 - Procuring assignments of produce upon false representations.
817.15 - False entries in books of business entity.
817.16 - False reports, etc., by officers of banks, trust companies, etc., with intent to defraud.
817.17 - Wrongful use of city, county, or other political subdivision name.
817.18 - Wrongful marking with a city, county, or other political subdivision name.
817.19 - Fraudulent issue of stock certificate or indicia of membership interest.
817.20 - Issuing stock or obligation of corporation beyond authorized amount.
817.21 - Books to be evidence in such cases.
817.22 - Making false invoice to defraud insurer.
817.23 - Making false affidavit to defraud insurer.
817.233 - Burning to defraud the insurer.
817.234 - False and fraudulent insurance claims.
817.2341 - False or misleading statements or supporting documents; penalty.
817.235 - Personal property; removing or altering identification marks.
817.236 - False and fraudulent motor vehicle insurance application.
817.2361 - False or fraudulent proof of motor vehicle insurance.
817.24 - Unlawful to add or alter or deface existing brand.
817.25 - Fraudulently marking or branding.
817.26 - Fraudulently changing marks on animal.
817.265 - False or fraudulent proof of need for an emotional support animal.
817.28 - Fraudulent obtaining of property by gaming.
817.30 - Punishment for unlawful use of badge of certain orders and organizations.
817.31 - Unlawful use of insignia of American Legion; penalty.
817.311 - Unlawful use of badges, etc.
817.312 - Unlawful use of uniforms, medals, or insignia.
817.32 - Fraudulent operation of coin-operated devices.
817.33 - Manufacture, etc., of slugs to be used in coin-operated devices prohibited.
817.34 - False entries and statements by investment companies offering stock or security for sale.
817.35 - Sale of cemetery lots or mausoleum space; promises.
817.355 - Fraudulent creation or possession of admission ticket.
817.357 - Purchase of tickets.
817.361 - Sale or transfer of multiuse tickets.
817.37 - Touting; defining; providing punishment; ejection from racetracks.
817.40 - False, misleading and deceptive advertising and sales; definitions.
817.41 - Misleading advertising prohibited.
817.411 - False information; advertising.
817.4115 - False, deceptive, or misleading advertisement of live musical performances.
817.412 - Sale of used goods as new; penalty.
817.413 - Sale of used motor vehicle goods as new; penalty.
817.414 - Sale of counterfeit security signs and decals.
817.415 - Florida Free Gift Advertising Law.
817.416 - Franchises and distributorships; misrepresentations.
817.417 - Government Impostor and Deceptive Advertisements Act.
817.418 - Offering for sale or advertising personal protective equipment with intent to defraud.
817.44 - Intentional false advertising prohibited.
817.47 - Insurance advertising exempt.
817.481 - Credit or purchases; obtaining illicitly.
817.4821 - Cellular telephone counterfeiting offenses.
817.484 - Obtaining telephone calling records by fraudulent means prohibited.
817.487 - Telephone caller identification systems.
817.49 - False reports of commission of crimes; penalty.
817.504 - Offering or advertising a vaccine with intent to defraud.
817.505 - Patient brokering prohibited; exceptions; penalties.
817.53 - False charges for radio and television repairs and parts; penalty.
817.535 - Unlawful filing of false documents or records against real or personal property.
817.54 - Obtaining of mortgage, mortgage note, promissory note, etc., by false representation.
817.55 - Tourist attraction advertisement; misleading use of the word “free.”
817.554 - Fraudulently offering for sale tour or travel-related services.
817.558 - Water-treatment devices.
817.561 - Violations may be enjoined.
817.5615 - Marks required on optical discs; prohibited acts; penalties.
817.562 - Fraud involving a security interest.
817.5621 - Unlawful subleasing of a motor vehicle.
817.563 - Controlled substance named or described in s. 893.03; sale of substance in lieu thereof.
817.564 - Imitation controlled substances defined; possession and distribution prohibited.
817.565 - Urine testing, fraudulent practices; penalties.
817.5655 - Unlawful use of DNA; penalties; exceptions.
817.568 - Criminal use of personal identification information.
817.5685 - Unlawful possession of the personal identification information of another person.