Florida Statutes
Fla. Stat. § 817.44 (2025)
Intentional false advertising prohibited.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 817.44
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§817.44FRAUDINTENTIONAL FALSE ADVERTISING
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1974–2023 · leading case: Samuels v. King Motor Co. of Fort Lauderdale, 782 So. 2d 489 (Fla. 4th DCA 2001).
Samuels v. King Motor Co. of Fort Lauderdale, 782 So. 2d 489 (Fla. 4th DCA 2001). “40 with § 817.44. Because the Plaintiffs offer no further argument why the buyers order should constitute advertising under section 817.”
Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc., 915 F. Supp. 360 (S.D. Fla. 1996). “40 , Intentional False Advertising, Fla.Stat. § 817.44; False Information, Fla.”
Bell v. Campbell Soup Co., 65 F. Supp. 3d 1328 (N.D. Fla. 2014). “), under the Florida false advertising statute (Fla.Stat. § 817.44), and for breach of express and implied warranties, negligence, and unjust enrichment.”
Stansfield v. Minute Maid Co., 124 F. Supp. 3d 1226 (N.D. Fla. 2015). “213, Florida Statutes), the Florida false advertising statute (§ 817.44, Florida Statutes), and breach of express and implied warranties, negligence, 1 and unjust enrichment.”
Benavides v. Tesla, Inc (S.D. Fla. 2023). “4 On August 25, 2023, Plaintiffs filed the instant Motion, seeking leave to file a Consolidated Amended Complaint to add the following claims: Fraudulent Misrepresentation (Count V); Fraudulent Concealment (Count VI); and Intentional False Advertising under Fla. Stat. §817.44…”
State v. Johnson Ford, Inc., 40 Fla. Supp. 83 (Fla. Cir. Ct., Miami-Dade Cty. 1974). “This was a criminal action in the county court for an alleged violation of Florida Statute §817.44 and §21-81 (a) of the Code of Metropolitan Dade County, as amended.”
Clifford McCullough v. Nesco Resources LLC (11th Cir. 2019). “Fla Stat. § 817.44; see Samuels v. King Motor Co.”
— 817.44(1) — 2 cases
Samuels v. King Motor Co. of Fort Lauderdale, 782 So. 2d 489 (Fla. 4th DCA 2001). “40 with § 817.44. Because the Plaintiffs offer no further argument why the buyers order should constitute advertising under section 817.”
State v. Johnson Ford, Inc., 40 Fla. Supp. 83 (Fla. Cir. Ct., Miami-Dade Cty. 1974). “This was a criminal action in the county court for an alleged violation of Florida Statute §817.44 and §21-81 (a) of the Code of Metropolitan Dade County, as amended.”
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