Florida Statute 817.40 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.40

817.40 False, misleading and deceptive advertising and sales; definitions.—When construing ss. 817.40, 817.41, 817.43-817.47, and each and every word, phrase or part thereof, where the context will permit:

(1) The word or term “wholesale” or “wholesale sale” shall extend to and include an “at-cost sale,” “below-cost sale,” and terms of similar purport, and embraces all sales purporting to be made at or below the seller’s net delivered cost price, or below the average wholesale cost of the items sold or to be sold, but which are in fact made for a price in excess of the average wholesale of like items.

(2) The word or term “retail” means the sale or offering for sale of individual items of merchandise to the ultimate consumer.

(3) The term or word “retailer” means one who acquires for the purpose of sale, keeps for sale, offers or exposes for sale, or sells individual units of merchandise to the ultimate consumer and not for resale.

(4) The term or word “merchandise” includes goods, wares and merchandise, as generally understood, and in addition thereto services and other things of value.

(5) The phrase “misleading advertising” includes any statements made, or disseminated, in oral, written, electronic, or printed form or otherwise, to or before the public, or any portion thereof, which are known, or through the exercise of reasonable care or investigation could or might have been ascertained, to be untrue or misleading, and which are or were so made or disseminated with the intent or purpose, either directly or indirectly, of selling or disposing of real or personal property, services of any nature whatever, professional or otherwise, or to induce the public to enter into any obligation relating to such property or services.

(6) The definitions contained in s. 1.01, insofar as the context of this act will permit, shall be applicable hereto.

History.—s. 1, ch. 59-301; s. 73, ch. 95-211; s. 11, ch. 2015-166.

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Amendments to 817.40

Arrestable Offenses / Crimes under Fla. Stat. 817.40

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 817.40.

Annotations, Discussions, Cases:

Cases Citing Statute 817.40

Total Results: 12

MDVIP, Inc. v. Beber

Court: District Court of Appeal of Florida | Date Filed: 2017-05-31

Citation: 222 So. 3d 555, 2017 WL 2364729, 2017 Fla. App. LEXIS 7824

Snippet: obligation relating to such- property or services, *561§ 817.40(5), Fla. Stat. (2009). “A claim of fraudulent misrepresentation

Joseph v. Liberty Nat. Bank

Court: District Court of Appeal of Florida | Date Filed: 2004-04-08

Citation: 873 So. 2d 384, 2004 WL 741416

Snippet: have been allowed to proceed to trial. Section 817.40(5), Florida Statutes (1999), describes misleading

Samuels v. King Motor Co. of Fort Lauderdale

Court: District Court of Appeal of Florida | Date Filed: 2001-03-28

Citation: 782 So. 2d 489, 2001 WL 313872

Snippet: obligation relating to such property or services. § 817.40(5), Fla. Stat. (1997). Here, the Plaintiffs have

State v. MARK MARKS, PA

Court: District Court of Appeal of Florida | Date Filed: 1995-05-24

Citation: 654 So. 2d 1184, 1995 WL 132149

Snippet: 180 So.2d 335 (Fla. 1965) (one statute (section 817.40) defined *1191 certain terms and the other statute

Kraft Gen. Foods, Inc. v. Rosenblum

Court: District Court of Appeal of Florida | Date Filed: 1994-04-06

Citation: 635 So. 2d 106

Snippet: any other remedies prescribed by law." Section 817.40(5), Florida Statutes (1991), defines "misleading

Weaver v. School Bd. of Leon County

Court: District Court of Appeal of Florida | Date Filed: 1993-09-14

Citation: 624 So. 2d 761, 1993 Fla. App. LEXIS 9224, 1993 WL 347689

Snippet: under misleading advertising statute, sections 817.40 and 817.41, Florida Statutes (1987) contemplates

D & a EXCAVATING SERV., INC. v. JI Case Co.

Court: District Court of Appeal of Florida | Date Filed: 1990-02-07

Citation: 555 So. 2d 1256, 1989 WL 146174

Snippet: under the misleading advertising statutes, sections 817.40 and 817.41, Florida Statutes (1987). The amount

The Florida Bar v. Rubin

Court: Supreme Court of Florida | Date Filed: 1989-08-31

Citation: 549 So. 2d 1000, 14 Fla. L. Weekly 426, 1989 Fla. LEXIS 835, 1989 WL 101533

Snippet: proceeding. Judgment is entered against him for $817.40, for which sum let execution issue. It is so ordered

SH Inv. and Development Corp. v. Kincaid

Court: District Court of Appeal of Florida | Date Filed: 1986-08-21

Citation: 495 So. 2d 768, 11 Fla. L. Weekly 1834

Snippet: based on false advertising in violation of sections 817.40 817.41, Florida Statutes (1977). Count six of

Vance v. IND. HAMMOCK HUNT & RIDING CLUB, LTD.

Court: District Court of Appeal of Florida | Date Filed: 1981-09-23

Citation: 403 So. 2d 1367

Snippet: been specifically pleaded, but also to Sections 817.40 and 817.41,[2] Florida Statutes, which had not

Miami Lincoln Mercury v. Kramer

Court: District Court of Appeal of Florida | Date Filed: 1981-05-19

Citation: 399 So. 2d 1003, 1981 Fla. App. LEXIS 19871

Snippet: against Miami Lincoln Mercury pursuant to Sections 817.40 and 817.41, Florida Statutes (1977), for damages

Major v. State

Court: Supreme Court of Florida | Date Filed: 1965-11-17

Citation: 180 So. 2d 335

Snippet: Acts of 1959. Section 1 of that Act, now F.S. § 817.40, F.S.A., provides in pertinent part as follows: