Florida Statute 817.061 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 817.061

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

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

Cases Citing Statute 817.061

Total Results: 24

Fryer v. State

732 So. 2d 30, 1999 WL 252738

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 460462

Cited 10 times | Published

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

Wolf v. State

679 So. 2d 351, 1996 WL 501435

District Court of Appeal of Florida | Filed: Sep 6, 1996 | Docket: 1666149

Cited 5 times | Published

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

Rodriguez v. State

768 So. 2d 1234, 2000 WL 1475756

District Court of Appeal of Florida | Filed: Oct 6, 2000 | Docket: 526852

Cited 4 times | Published

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

Ross v. State

760 So. 2d 214, 2000 WL 486253

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 2557448

Cited 4 times | Published

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

McConnell v. State

298 So. 2d 550

District Court of Appeal of Florida | Filed: Aug 9, 1974 | Docket: 1439333

Cited 4 times | Published

provision of the State Credit Card Crime Act, to wit: § 817.61, F.S.A. In State v. McCurdy, Fla.App.2d, 1972

Davis v. Southern Bell Telephone & Telegraph Co.

755 F. Supp. 1532, 1991 U.S. Dist. LEXIS 1425, 1991 WL 15126

District Court, S.D. Florida | Filed: Feb 4, 1991 | Docket: 896346

Cited 2 times | Published

and treble damages for violations of Fla. Stat. § 817.061. [3] Inside wire is used in both interstate and

Neal v. State

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

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60229481

Cited 1 times | Published

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

Armstrong v. State

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

District Court of Appeal of Florida | Filed: Aug 11, 2010 | Docket: 1647293

Cited 1 times | Published

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

LEONARD ALVIN JONES v. STATE OF FLORIDA

239 So. 3d 203

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326623

Published

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

Snell v. State

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

District Court of Appeal of Florida | Filed: Sep 9, 2016 | Docket: 4422978

Published

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

Riley v. State

854 So. 2d 807, 2003 WL 22056287

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 64825165

Published

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

Keels v. State

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

District Court of Appeal of Florida | Filed: Aug 31, 2001 | Docket: 64807901

Published

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

A.M. v. State

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

District Court of Appeal of Florida | Filed: May 30, 2001 | Docket: 64808433

Published

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

McMonagle v. State

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

District Court of Appeal of Florida | Filed: Mar 19, 1997 | Docket: 64774825

Published

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

State v. Weaver

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

District Court of Appeal of Florida | Filed: Nov 17, 1995 | Docket: 64760133

Published

JJ., concur. . § 831.01, Fla.Stat. (1991). . § 817.61, Fla.Stat. (1991).

Simmons v. State

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

District Court of Appeal of Florida | Filed: Mar 2, 1992 | Docket: 64665563

Published

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

Florida Bar v. Bryan

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

Supreme Court of Florida | Filed: Apr 30, 1987 | Docket: 64626825

Published

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

Williams v. State

462 So. 2d 1131, 1984 Fla. App. LEXIS 21386

District Court of Appeal of Florida | Filed: Jun 27, 1984 | Docket: 64609600

Published

purchases of $25.99, 23.87, 37.96 and 32.23. Section 817.61, Florida Statutes (1981) outlaws the fraudulent

Williams v. State

451 So. 2d 1047, 1984 Fla. App. LEXIS 13761

District Court of Appeal of Florida | Filed: Jun 27, 1984 | Docket: 64605540

Published

purchases of $25.99, 23.87, 37.96 and 32.23. Section 817.61, Florida Statutes (1981) outlaws the fraudulent

State v. Paffy

369 So. 2d 340, 1979 Fla. LEXIS 4621

Supreme Court of Florida | Filed: Mar 22, 1979 | Docket: 64569450

Published

conspiracy, be punished as provided in subsection (4). § 817.61, Fla.Stat. (1977), states in pertinent part: A

Lawrence v. State

330 So. 2d 160, 1976 Fla. App. LEXIS 14943

District Court of Appeal of Florida | Filed: Apr 14, 1976 | Docket: 64553246

Published

forgery and uttering statutes rather than under § 817.61, Florida Statutes (the state credit card crime

Pastoria v. State

312 So. 2d 808, 1975 Fla. App. LEXIS 14930

District Court of Appeal of Florida | Filed: May 23, 1975 | Docket: 64546483

Published

Fraudulent Use of Credit Card in violation of Section 817.61, F.S. 1969, F.S.A., which is a part of the

Strada v. State

267 So. 2d 702, 1972 Fla. App. LEXIS 6195

District Court of Appeal of Florida | Filed: Oct 18, 1972 | Docket: 64528071

Published

founded, Section 831.01, was also a violation of Section 817.61, F.S.1969, F.S.A., which is a part of the State

State v. McCurdy

257 So. 2d 92, 1972 Fla. App. LEXIS 7337

District Court of Appeal of Florida | Filed: Jan 21, 1972 | Docket: 64524093

Published

terms of the State Credit Card Act, specifically, § 817.61”. On July 29, 1971, the trial Court entered order