Florida Statute 817.40 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 817.40

Total Results: 10

Samuels v. King Motor Co. of Fort Lauderdale

782 So. 2d 489, 2001 WL 313872

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 456422

Cited 90 times | Published

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

Baby Buddies, Inc. v. Toys" R" US, Inc.

611 F.3d 1308, 95 U.S.P.Q. 2d (BNA) 1885, 2010 U.S. App. LEXIS 15081, 2010 WL 2853720

Court of Appeals for the Eleventh Circuit | Filed: Jul 22, 2010 | Docket: 796297

Cited 80 times | Published

obligation relating to such property or services. Id. § 817.40(5). [20] Registration with the Copyright Office

Dennis Godelia v. Zoll Services, LLC

881 F.3d 1309

Court of Appeals for the Eleventh Circuit | Filed: Feb 8, 2018 | Docket: 6299495

Cited 37 times | Published

ascertained, to be untrue or misleading.” Fla. Stat. § 817.40(5). Mr, Godelia points to specific marketing statements

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

403 So. 2d 1367

District Court of Appeal of Florida | Filed: Sep 23, 1981 | Docket: 1250221

Cited 29 times | Published

portions are Section 817.40(5) and Sections 817.41(1) and (6) as follows: Section 817.40(5) The phrase

Kraft Gen. Foods, Inc. v. Rosenblum

635 So. 2d 106, 1994 WL 112249

District Court of Appeal of Florida | Filed: Apr 6, 1994 | Docket: 1353070

Cited 19 times | Published

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

Third Party Verification, Inc. v. Signaturelink, Inc.

492 F. Supp. 2d 1314, 2007 U.S. Dist. LEXIS 43626, 2007 WL 1752541

District Court, M.D. Florida | Filed: Jun 15, 2007 | Docket: 2566044

Cited 16 times | Published

state a claim against him individually. [4] Section 817.40(5), Fla. Stat. (1997) states: The phrase "misleading

Joseph v. Liberty Nat. Bank

873 So. 2d 384, 2004 WL 741416

District Court of Appeal of Florida | Filed: Apr 8, 2004 | Docket: 1732859

Cited 12 times | Published

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

Major v. State

180 So. 2d 335

Supreme Court of Florida | Filed: Nov 17, 1965 | Docket: 1154589

Cited 12 times | Published

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

State v. MARK MARKS, PA

654 So. 2d 1184, 1995 WL 132149

District Court of Appeal of Florida | Filed: May 24, 1995 | Docket: 1303813

Cited 11 times | Published

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

Baby Buddies, Inc. v. Toys "R" Us, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Jul 22, 2010 | Docket: 2907085

Published

relating to such property or services. Id. § 817.40(5). 20 Registration with the