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Florida Statute 817.44 | Lawyer Caselaw & Research
F.S. 817.44 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 817.44

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 817
FRAUDULENT PRACTICES
View Entire Chapter
F.S. 817.44
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.

F.S. 817.44 on Google Scholar

F.S. 817.44 on Casetext

Amendments to 817.44


Arrestable Offenses / Crimes under Fla. Stat. 817.44
Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.44 - FRAUD - INTENTIONAL FALSE ADVERTISING - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

E. STANSFIELD v. MINUTE MAID COMPANY, a, 124 F. Supp. 3d 1226 (N.D. Fla. 2015)

. . . Trade Practices Act (§§ 501.201-501.213, Florida Statutes), the Florida false advertising statute (§ 817.44 . . .

REESE, v. R. DONAHOE, AFL- CIO,, 90 F. Supp. 3d 11 (E.D.N.Y. 2015)

. . . One for $1000 and the other for $817.44. I called the help desk. . . .

BELL, v. CAMPBELL SOUP COMPANY,, 65 F. Supp. 3d 1328 (N.D. Fla. 2014)

. . . . § 817.44), and for breach of express and implied warranties, negligence, and unjust enrichment. . . .

S. SAMUELS R. v. KING MOTOR COMPANY OF FORT LAUDERDALE,, 782 So. 2d 489 (Fla. Dist. Ct. App. 2001)

. . . Section 817.44, the false advertising statute cited in the second amended complaint, provides as follows . . . But this is not what section 817.44 prohibits. . . . See § 817.44(1). . . . Thus, the Plaintiffs have not stated a cause of action for false advertising under section 817.44. . . . Compare § 817.40 with § 817.44. . . .

TIRE KINGDOM, INC. v. MORGAN TIRE AUTO, INC. d b a a a C., 915 F. Supp. 360 (S.D. Fla. 1996)

. . . . § 817.44; False Information, Fla. . . .

NORTON TIRE COMPANY, INC. a v. TIRE KINGDOM COMPANY, INC. a Jr. NORTON TIRE CO. INC. a v. TIRE KINGDOM COMPANY, INC. a P. Jr., 858 F.2d 1533 (11th Cir. 1988)

. . . . § 817.44 (Intentional False Advertising); id. § 817.411 (False Information); the Florida Racketeer . . .

CARTER v. SHOP RITE FOODS, INC., 503 F. Supp. 680 (N.D. Tex. 1980)

. . . - 2 50+ - 5 0-1 Third Quarter 1974 Total Amount: $2,024.68 Range: $10.03 to $352.27 Top 3 Stores: $817.44 . . .

STATE v. JOHNSON FORD,, 40 Fla. Supp. 83 (Dade Cty. Cir. Ct. 1974)

. . . This was a criminal action in the county court for an alleged violation of Florida Statute §817.44 and . . . information charging the defendant with intentional false advertising on July 5, 1972 in violation of §817.44 . . . The information tracked the wording of §817.44(1) verbatim et literatim. . . . The state failed to prove all the necessary elements of the offense defined by §817.44(1) and charged . . . Therefore, since the acts for which the defendant was prosecuted do not come within the ambit of §817.44 . . .

R. R. C. R. A. J. F. v. A. A., 49 Fla. 259 (Fla. 1905)

. . . county during the month of September, 1904, and cashed warrants as such'fiscal agents to the amount of $817.44 . . . the Indian River State Bank as being for interest upon the warrants cashed by said bank amounting to $817.44 . . .