Florida Statute 817.061 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.061

817.061 Misleading solicitation of payments prohibited.—

(1) It is unlawful for any person, company, corporation, agency, association, partnership, institution, or charitable entity to solicit payment of money by another by means of a statement or invoice, or any writing that would reasonably be interpreted as a statement or invoice, for goods not yet ordered or for services not yet performed and not yet ordered, unless there appears on the face of the statement or invoice or writing in 30-point boldfaced type the following warning:

“This is a solicitation for the order of goods or services, and you are under no obligation to make payment unless you accept the offer contained herein.”

(2) Any person damaged by noncompliance with this section, in addition to other remedies, is entitled to damages in the amount equal to 3 times the sum solicited.

(3) Any person, company, corporation, agency, association, partnership, institution, or charitable entity that violates this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.

History.—ss. 1, 2, ch. 69-246; s. 845, ch. 71-136.

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Amendments to 817.061

Arrestable Offenses / Crimes under Fla. Stat. 817.061

Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.061 - FRAUD - MISLEADING SOLICITATION OF PAYMENTS - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 817.061

Total Results: 20

King David of Sunny Isles Condominium Association, Inc. v. Alex Bushoy

Court: District Court of Appeal of Florida | Date Filed: 2024-07-17

Snippet: prosecuted as credit card fraud pursuant to s. 817.61. Thus, as the initial complaint may be amenable

LEONARD ALVIN JONES v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 239 So. 3d 203

Snippet: fraudulent use of a credit card in violation of section 817.61, Florida Statutes (2016). On appeal he argues only

Snell v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-09

Citation: 210 So. 3d 115, 2016 Fla. App. LEXIS 13529

Snippet: count of fraudulent use of a credit card, see § 817.61, two counts of theft from a person sixty-five years

Neal v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-04-03

Citation: 109 So. 3d 1245, 2013 WL 1316692, 2013 Fla. App. LEXIS 5448

Snippet: fraudulent use of a credit card, a violation of section 817.61, Florida Statutes (2009), and for the violation

Costin v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-10-06

Citation: 46 So. 3d 96, 2010 Fla. App. LEXIS 15051, 2010 WL 3894494

Snippet: five crimes were all third-degree felonies. See §§ 817.61 (fraudulent use of a credit card more than twice

Armstrong v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-08-11

Citation: 42 So. 3d 315, 2010 Fla. App. LEXIS 11712, 2010 WL 3155021

Snippet: SILBERMAN and LaROSE, JJ., Concur. NOTES [1] § 817.61, Fla. Stat. (2007). [2] A "PIN" is the "personal

Marshall v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-10-24

Citation: 992 So. 2d 914, 2008 WL 4682607

Snippet: with a charge for a third-degree felony. See §§ 817.61, 817.67(2), Fla. Stat. (1989). As such, the sentence

Riley v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-09-05

Citation: 854 So. 2d 807, 2003 WL 22056287

Snippet: fraud*808ulent use of a credit card, in violation of section 817.61, Florida Statutes (1991), and grand theft, in violation

Keels v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-08-31

Citation: 792 So. 2d 1249, 2001 Fla. App. LEXIS 12242, 2001 WL 996079

Snippet: victim contrary to section 817.61, Florida Statutes (1999). Section 817.61 is titled “Fraudulent use of

A.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-05-30

Citation: 794 So. 2d 645, 2001 Fla. App. LEXIS 7474, 2001 WL 574843

Snippet: card in order to establish a violation of section 817.61, Florida Statutes (1999), I respectfully dissent

Rodriguez v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-10-06

Citation: 768 So. 2d 1234, 2000 WL 1475756

Snippet: THOMPSON, C.J., and COBB, J., concur. NOTES [1] § 817.61 (Fla.Stat.1997). [2] Purvis v. State, 397 So.2d

Ross v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-04-26

Citation: 760 So. 2d 214, 2000 WL 486253

Snippet: fraudulent use of a credit card, in violation of section 817.61, Florida Statutes (1991), and grand theft, in violation

Fryer v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-04-30

Citation: 732 So. 2d 30, 1999 WL 252738

Snippet: not possible to commit an offense under section 817.61 [the statute governing fraudulent use of a credit

McMonagle v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-03-19

Citation: 696 So. 2d 830, 1997 Fla. App. LEXIS 2516, 1997 WL 120568

Snippet: credit card to obtain goods, in violation of section 817.61, Florida Statutes (1991). He pleaded nolo contendere

Wolf v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-09-06

Citation: 679 So. 2d 351, 1996 WL 501435

Snippet: card and such card has not in fact been issued. § 817.61, Fla. Stat. (1993). While use of a credit card

State v. Weaver

Court: District Court of Appeal of Florida | Date Filed: 1995-11-17

Citation: 662 So. 2d 1019, 1995 Fla. App. LEXIS 12103, 1995 WL 680449

Snippet: , concur. . § 831.01, Fla.Stat. (1991). . § 817.61, Fla.Stat. (1991).

Simmons v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-03-02

Citation: 594 So. 2d 853, 1992 Fla. App. LEXIS 1869, 1992 WL 36977

Snippet: sentencing hearing, the state asserted that the section 817.61 counts were felonies because appellant used the

Morgan v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-12-27

Citation: 590 So. 2d 1119, 1991 Fla. App. LEXIS 12768, 1991 WL 275592

Snippet: imprisonment for such a conviction is five years. Sections 817.61, 817.67 and 775.082(3)(d), Fla.Stat. (1989). Upon

Florida Bar v. Bryan

Court: Supreme Court of Florida | Date Filed: 1987-04-30

Citation: 506 So. 2d 395, 12 Fla. L. Weekly 217, 1987 Fla. LEXIS 1832

Snippet: fraudulent use of credit cards violated section 817.61 of the Florida Statutes and constituted a third

Worthington v. State

Court: District Court of Appeal of Florida | Date Filed: 1987-01-15

Citation: 501 So. 2d 75, 12 Fla. L. Weekly 276

Snippet: 782.04, 810.02(2), 810.02(3), 812.014, 831.02 and 817.61, Fla. Stat. (1985), respectively. [2] § 775.082(1)