Florida Statutes
Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.569)
817.44 - Intentional false advertising prohibited.


(1) WHAT CONSTITUTES INTENTIONAL FALSE ADVERTISING.—It is unlawful to offer for sale or to issue invitations for offers for the sale of any property, real or personal, tangible or intangible, or any services, professional or otherwise, by placing or causing to be placed before the general public, by any means whatever, an advertisement describing such property or services as part of a plan or scheme with the intent not to sell such property or services so advertised, or with the intent not to sell such property or services at the price at which it was represented in the advertisement to be available for purchase by any member of the general public.
(2) PRESUMPTION OF VIOLATION.—The failure to sell any article or a class of articles advertised, or the refusal to sell at the price at which it was advertised to be available for purchase, shall create a rebuttable presumption of an intent to violate this section.
(3) EXEMPTION.—This section shall not apply to any publisher of a newspaper, magazine or other publication, or the owner or operator of a radio station, television station or other advertising media, who places before the public an advertisement in good faith without knowledge that the person so engaging or hiring such owner, operator, or publisher has the intent not to sell the property or services so advertised or with the intent not to sell such property or services at the price at which it was represented in the advertisement to be available for purchase by any member of the general public.
History.—s. 5, ch. 59-301.

Structure Florida Statutes

Florida Statutes

Title XLVI - Crimes

Chapter 817 - Fraudulent Practices

Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.569)

817.011 - Definition.

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.

817.037 - Fraudulent refunds.

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.

817.155 - Matters within jurisdiction of Department of State; false, fictitious, or fraudulent acts, statements, and representations prohibited; penalty; statute of limitations.

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.

817.29 - Cheating.

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.

817.36 - Resale of tickets.

817.361 - Sale or transfer of multiuse tickets.

817.37 - Touting; defining; providing punishment; ejection from racetracks.

817.38 - Simulated process.

817.39 - Simulated forms of court or legal process, or official seal or stationery; publication, sale or circulation unlawful; penalty.

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.

817.43 - Exemption.

817.44 - Intentional false advertising prohibited.

817.45 - Penalty.

817.47 - Insurance advertising exempt.

817.481 - Credit or purchases; obtaining illicitly.

817.482 - Possessing or transferring device for theft of telecommunications service; concealment of destination of telecommunications service.

817.4821 - Cellular telephone counterfeiting offenses.

817.483 - Transmission or publication of information regarding schemes, devices, means, or methods for theft of communication services.

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.

817.50 - Fraudulently obtaining goods or services from a health care provider; false reports of a communicable disease.

817.504 - Offering or advertising a vaccine with intent to defraud.

817.505 - Patient brokering prohibited; exceptions; penalties.

817.51 - Obtaining groceries, retail poultry, dairy, bakery, and other retail products; intent to defraud.

817.52 - Obtaining vehicles with intent to defraud, failing to return hired vehicle, or tampering with mileage device of hired vehicle.

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.

817.545 - Mortgage fraud.

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.

817.566 - Misrepresentation of association with, or academic standing at, postsecondary educational institution.

817.568 - Criminal use of personal identification information.

817.5685 - Unlawful possession of the personal identification information of another person.

817.569 - Criminal use of a public record or public records information; providing false information; penalties.