(1) For purposes of this section:
(a) “Water-treatment device” means any product, device, or system designed for personal, family, or household use and for which any claim is made that it will improve the quality of water by reducing one or more contaminants through mechanical, physical, chemical, or biological processes or a combination thereof.
(b) “Advertisement” means any representation of fact or opinion disseminated to the public in any manner or by any means which is designed to induce, directly or indirectly, any person to enter into any obligation to acquire any title or interest in or to use any water-treatment device.
(c) “Misleading” means any direct or indirect misrepresentation or omission of any material fact or circumstance.
(2)(a) It is unlawful for any person to make or disseminate any false or misleading advertisement regarding any water-treatment device.
(b) It is unlawful for any person who solicits the sale, rental, lease, or order of any water-treatment device to make any false or misleading statement or claim:
1. Regarding contamination problems in tap water;
2. Stating or implying scientific certainty regarding the relationship between acute or chronic illnesses and water quality;
3. Regarding the type and degree of problems caused by water treated in public water-treatment systems;
4. Stating that the water flowing from a water-treatment device is “pure,” unless such word is reasonably defined;
5. Making undocumented claims about the performance or benefits of a water-treatment device; or
6. Using unauthorized endorsements or testimonials.
(3) At the time of or before the order, sale, rental, or lease of any water-treatment device to a consumer, the person soliciting the order, sale, rental, or lease must notify the consumer in clear and conspicuous writing in at least 10-point boldfaced type that operational, maintenance, and replacement requirements are essential for the water-treatment device to perform as represented. In addition to the notification requirement, each water-treatment device must have a label or tag affixed to it or the container in which it is sold or delivered which notifies the consumer that operational, maintenance, and replacement requirements are essential for the water-treatment device to perform as sold.
(4) Any person who violates any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 9, ch. 91-41; s. 9, ch. 91-68; s. 1, ch. 93-43.
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.