Florida Statute 817.44 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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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.

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Amendments to 817.44

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 817.44

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

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

Cases Citing Statute 817.44

Total Results: 5

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

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

Tire Kingdom, Inc. v. Morgan Tire & Auto, Inc.

915 F. Supp. 360, 1996 U.S. Dist. LEXIS 1176, 1996 WL 46641

District Court, S.D. Florida | Filed: Feb 1, 1996 | Docket: 1184940

Cited 15 times | Published

812.40, Intentional False Advertising, Fla.Stat. § 817.44; False Information, Fla. Stat. § 817.411, The

Stansfield v. Minute Maid Co.

124 F. Supp. 3d 1226, 2015 U.S. Dist. LEXIS 106656, 2015 WL 4873685

District Court, N.D. Florida | Filed: Aug 13, 2015 | Docket: 64303698

Cited 1 times | Published

Statutes), the Florida false advertising statute (§ 817.44, Florida Statutes), and breach of express and

Bell v. Campbell Soup Co.

65 F. Supp. 3d 1328, 2014 U.S. Dist. LEXIS 175004, 2014 WL 6997611

District Court, N.D. Florida | Filed: Dec 11, 2014 | Docket: 64298891

Published

the Florida false advertising statute (Fla.Stat. § 817.44), and for breach of express and implied warranties

Norton Tire Co. v. Tire Kingdom Co.

858 F.2d 1533, 1988 WL 106037

Court of Appeals for the Eleventh Circuit | Filed: Nov 1, 1988 | Docket: 66238484

Published

(1987); id. § 817.41 (Misleading Advertising); id. § 817.44 (Intentional False Advertising); id. § 817.411