Florida Statute 817.44 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

View Entire Chapter

F.S. 817.44

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.

History.—s. 5, ch. 59-301.

F.S. 817.44 on Google Scholar

F.S. 817.44 on Casetext

Amendments to 817.44

Arrestable Offenses / Crimes under Fla. Stat. 817.44

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

S817.44 - FRAUD - INTENTIONAL FALSE ADVERTISING - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 817.44

Total Results: 3

The Florida Bar v. TIKD Services LLC, A Foreign Limited Liability Company, and Christopher Riley, individually and as Founder of TIKD Services, LLC

Court: Supreme Court of Florida | Date Filed: 2021-10-14

Snippet: generally applicable in Florida. See §§ 817.41, 817.44, Fla. Stat. (2020). substantially impair the

Butler, Pappas, Weihmuller v. Coral Reef of Key Biscayne Developers, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2003-11-26

Citation: 873 So. 2d 339, 9 A.L.R. 6th 769, 2003 Fla. App. LEXIS 18093, 2003 WL 22800190

Snippet: of 1999 for $551,021.80 and paid Coral Reef $440,817.44, but held back $110,204.36 pending the commencement

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: prejudice. See Gladstone, 729 So.2d at 1003-05. Section 817.44, the false advertising statute cited in the second