Florida Statutes Part I - False Pretenses And Frauds, Generally (Ss. 817.011-817.569)

• 817.011 - Definition.
  As used in this chapter, the term “business entity” means any corporation, partnership, limited partnership, company, limited liability company, proprietorship, firm, enterprise, franchise, association, self-employed...
• 817.02 - Obtaining Property By False Personation.
  (1) Whoever falsely personates or represents another person, and in such assumed character:(a) Receives any property intended to be delivered to that person, with intent to convert...
• 817.021 - False Information To Obtain A Seaport Security Identification Card.
  A person who willfully and knowingly provides false information in obtaining or attempting to obtain a seaport security identification card commits a felony of the...
• 817.025 - Home Or Private Business Invasion By False Personation; Penalties.
  A person who obtains access to a home or private business by false personation or representation, with the intent to commit a felony, commits a...
• 817.03 - Making False Statement To Obtain Property Or Credit.
  Any person who shall make or cause to be made any false statement, in writing, relating to his or her financial condition, assets or liabilities,...
• 817.031 - Making False Statements; Venue Of Prosecution.
  Prosecutions under s. 817.03 may be begun in the county where the statement was written, or purports to have been written.History.—s. 2, ch. 5134, 1903;...
• 817.032 - Information Available To Identity Theft Victims.
  (1) DEFINITION.—As used in this section, the term “victim” means a person whose means of identification or financial information is used or transferred or is alleged...
• 817.034 - Florida Communications Fraud Act.
  (1) LEGISLATIVE INTENT.—(a) The Legislature recognizes that schemes to defraud have proliferated in the United States in recent years and that many operators of schemes to defraud...
• 817.037 - Fraudulent Refunds.
  (1) Any person who engages in a systematic, ongoing course of conduct to obtain a refund for merchandise from a business establishment by knowingly giving a...
• 817.05 - False Statements To Merchants As To Financial Condition.
  Any merchant in the state, before extending credit to any person applying for the same, may require such applicant to furnish a statement in writing...
• 817.06 - Misleading Advertisements Prohibited; Penalty.
  (1) No person, persons, association, copartnership, or institution shall, with intent to offer or sell or in anywise dispose of merchandise, securities, certificates, diplomas, documents, or...
• 817.061 - Misleading Solicitation Of Payments Prohibited.
  (1) It is unlawful for any person, company, corporation, agency, association, partnership, institution, or charitable entity to solicit payment of money by another by means of...
• 817.08 - Receiving Money Or Property Upon False Promises Of Services As Seaman Or Sponge Fisher.
  Whoever enters into a written agreement with any master or owner of a vessel to perform certain services upon said vessel as seaman or sponge...
• 817.11 - Obtaining Property By Fraudulent Promise To Furnish Inside Information.
  (1) A person may not defraud or attempt to defraud any individual out of anything of value by assuming to have or be able to obtain...
• 817.14 - Procuring Assignments Of Produce Upon False Representations.
  A person acting for himself or herself or another person, who shall procure any consignment of produce grown in this state, to himself or herself...
• 817.15 - False Entries In Books Of Business Entity.
  Any officer, agent, clerk or servant of a business entity who makes a false entry in the books thereof, with intent to defraud, and any...
• 817.155 - Matters Within Jurisdiction Of Department Of State; False, Fictitious, Or Fraudulent Acts, Statements, And Representations Prohibited; Penalty; Statute Of Limitations.
  A person may not, in any matter within the jurisdiction of the Department of State, knowingly and willfully falsify or conceal a material fact, make...
• 817.16 - False Reports, Etc., By Officers Of Banks, Trust Companies, Etc., With Intent To Defraud.
  Any officer, director, agent or clerk of any bank, trust company, building and loan association, small loan licensee, credit union, or other corporation under the...
• 817.17 - Wrongful Use Of City, County, Or Other Political Subdivision Name.
  (1) A person or persons engaged in manufacturing in this state may not cause to be printed, stamped, marked, engraved or branded, upon any of the...
• 817.18 - Wrongful Marking With A City, County, Or Other Political Subdivision Name.
  (1) A person may not knowingly sell or offer for sale, within the state, any manufactured articles which shall have printed, stamped, marked, engraved, or branded...
• 817.19 - Fraudulent Issue Of Stock Certificate Or Indicia Of Membership Interest.
  Any officer, agent, clerk or servant of a corporation, or any other person, who fraudulently issues or transfers a certificate of stock of a corporation...
• 817.20 - Issuing Stock Or Obligation Of Corporation Beyond Authorized Amount.
  Any officer, agent, clerk or servant of a corporation, or any other person, who issues, or signs with intent to issue, any certificate of stock...
• 817.21 - Books To Be Evidence In Such Cases.
  On the trial of any person under ss. 817.19 and 817.20 the books of any corporation to which such person has access or the right...
• 817.22 - Making False Invoice To Defraud Insurer.
  If the owner of a ship or vessel or of property laden or pretended to be laden on board the same, or if any other...
• 817.23 - Making False Affidavit To Defraud Insurer.
  If a master, other officer, or mariner of a ship or vessel, makes or causes to be made, or swears to any false affidavit or...
• 817.233 - Burning To Defraud The Insurer.
  Any person who willfully and with intent to injure or defraud the insurer sets fire to or burns or attempts so to do or who...
• 817.234 - False And Fraudulent Insurance Claims.
  (1)(a) A person commits insurance fraud punishable as provided in subsection (11) if that person, with the intent to injure, defraud, or deceive any insurer:1. Presents or...
• 817.2341 - False Or Misleading Statements Or Supporting Documents; Penalty.
  (1) Any person who willfully files with the department or office, or who willfully signs for filing with the department or office, a materially false or...
• 817.235 - Personal Property; Removing Or Altering Identification Marks.
  (1) Except as otherwise provided by law, any person who, with intent to prevent identification by the true owner, removes, erases, defaces, or otherwise alters any...
• 817.236 - False And Fraudulent Motor Vehicle Insurance Application.
  Any person who, with intent to injure, defraud, or deceive any motor vehicle insurer, including any statutorily created underwriting association or pool of motor vehicle...
• 817.2361 - False Or Fraudulent Proof Of Motor Vehicle Insurance.
  Any person who, with intent to deceive any other person, creates, markets, or presents a false or fraudulent proof of motor vehicle insurance commits a...
• 817.24 - Unlawful To Add Or Alter Or Deface Existing Brand.
  It is unlawful for anyone to add to or alter or deface any existing brand on any animal not his or her own or without...
• 817.25 - Fraudulently Marking Or Branding.
  Whoever shall fraudulently mark or brand any unmarked or unbranded animal with the intent to claim the same or to prevent identification by the true...
• 817.26 - Fraudulently Changing Marks On Animal.
  If any person shall fraudulently alter or change the marks of any animal, not his or her own, with intent to claim the same or...
• 817.28 - Fraudulent Obtaining Of Property By Gaming.
  Whoever, by the game of three-card monte, so-called, or any other game, device, sleight-of-hand, pretensions to fortunetelling, or other means whatever by the use of...
• 817.29 - Cheating.
  Whoever is convicted of any gross fraud or cheat at common law shall be guilty of a felony of the third degree, punishable as provided...
• 817.30 - Punishment For Unlawful Use Of Badge Of Certain Orders And Organizations.
  Any person who willfully wears the badge or button of the Grand Army of the Republic, the insignia, badge or rosette of the Military Order...
• 817.31 - Unlawful Use Of Insignia Of American Legion; Penalty.
  Any person who willfully wears the badge, button or other insignia of the American Legion shall be guilty of a misdemeanor of the second degree,...
• 817.311 - Unlawful Use Of Badges, Etc.
  (1) From and after May 9, 1949, any person who shall wear or display a badge, button, insignia or other emblem, or shall use the name...
• 817.312 - Unlawful Use Of Uniforms, Medals, Or Insignia.
  (1) A person may not misrepresent himself or herself as a member or veteran of the United States Air Force, United States Army, United States Coast...
• 817.32 - Fraudulent Operation Of Coin-operated Devices.
  Any person who shall operate or cause to be operated, or who shall attempt to operate, or attempt to cause to be operated, any automatic...
• 817.33 - Manufacture, Etc., Of Slugs To Be Used In Coin-operated Devices Prohibited.
  Any person who, with intent to cheat or defraud the owner, lessee, licensee, or other person entitled to the contents of any automatic vending machine,...
• 817.34 - False Entries And Statements By Investment Companies Offering Stock Or Security For Sale.
  Any person who shall knowingly subscribe to or make or cause to be made, any false statements or false entry in any book of any...
• 817.35 - Sale Of Cemetery Lots Or Mausoleum Space; Promises.
  (1) It shall be unlawful for any person, firm or corporation, to sell, offer for sale, or advertise for sale, cemetery lots or mausoleum space, upon...
• 817.355 - Fraudulent Creation Or Possession Of Admission Ticket.
  (1) Except as provided in subsections (2) and (3), a person who counterfeits, forges, alters, clones, or possesses a ticket, card, wristband, or other medium that...
• 817.357 - Purchase Of Tickets.
  Whoever knowingly purchases from the original ticket seller a quantity of tickets to an event which exceeds the maximum ticket limit quantity posted by or...
• 817.36 - Resale Of Tickets.
  (1) A person or entity that offers for resale or resells any ticket may charge only $1 above the admission price charged therefor by the original...
• 817.361 - Sale Or Transfer Of Multiuse Tickets.
  (1) As used in this section, the term:(a) “Issuer” means the person or entity that created a multiuse ticket and is obligated to allow admission thereunder.(b) “Multiuse ticket”...
• 817.37 - Touting; Defining; Providing Punishment; Ejection From Racetracks.
  (1) Any person who knowingly and designedly by false representation attempts to, or does persuade, procure or cause another person to wager on a horse in...
• 817.38 - Simulated Process.
  (1) CIRCULATION PROHIBITED.—It is unlawful for any person, firm, or corporation to send or deliver, or cause to be sent or delivered any letter, paper, document,...
• 817.39 - Simulated Forms Of Court Or Legal Process, Or Official Seal Or Stationery; Publication, Sale Or Circulation Unlawful; Penalty.
  (1) Any person or business entity who prints, for the purpose of sale or distribution and for use in the state, or who circulates, publishes, or...
• 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...
• 817.41 - Misleading Advertising Prohibited.
  (1) It shall be unlawful for any person to make or disseminate or cause to be made or disseminated before the general public of the state,...
• 817.411 - False Information; Advertising.
  A person or business entity may not knowingly publish, disseminate, circulate, or place before the public, or cause directly or indirectly, to be made, published,...
• 817.4115 - False, Deceptive, Or Misleading Advertisement Of Live Musical Performances.
  (1) For purposes of this section, the term:(a) “Performing person or group” means a vocal or instrumental performer using or attempting to use the name of a...
• 817.412 - Sale Of Used Goods As New; Penalty.
  (1) It is unlawful for a seller in a transaction where the purchase price of goods exceeds $100 to misrepresent orally, in writing, electronically, or by...
• 817.413 - Sale Of Used Motor Vehicle Goods As New; Penalty.
  (1) With respect to a transaction for which any charges will be paid from the proceeds of a motor vehicle insurance policy, and in which the...
• 817.414 - Sale Of Counterfeit Security Signs And Decals.
  A person who willfully and knowingly sells or attempts to sell a counterfeit sign or decal in this state with the name or logo of...
• 817.415 - Florida Free Gift Advertising Law.
  (1) LEGISLATIVE INTENT.—(a) The Legislature of the State of Florida recognizes that the deceptive misuse of the term “free” and words of similar meaning and intent in...
• 817.416 - Franchises And Distributorships; Misrepresentations.
  (1) DEFINITIONS.—For the purpose of this section:(a) The term “person” means an individual, partnership, corporation, association, or other entity doing business in Florida.(b) The term “franchise or distributorship”...
• 817.43 - Exemption.
  The provisions of s. 817.40 or s. 817.41 shall not apply to any publisher of a newspaper, magazine or other publication, or the owner or...
• 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...
• 817.45 - Penalty.
  Any person convicted of violating any of the provisions of s. 817.41, s. 817.411, or s. 817.44 is guilty of a misdemeanor of the first...
• 817.47 - Insurance Advertising Exempt.
  Nothing in ss. 817.40, 817.41, 817.43-817.45, and 817.47 shall be deemed to apply to advertising in connection with sales of insurance which are regulated under...
• 817.481 - Credit Or Purchases; Obtaining Illicitly.
  (1) It shall be unlawful for any person knowingly to obtain or attempt to obtain credit, or to purchase or attempt to purchase any goods, property,...
• 817.482 - Possessing Or Transferring Device For Theft Of Telecommunications Service; Concealment Of Destination Of Telecommunications Service.
  (1) It shall be unlawful for any person knowingly to:(a) Make or possess any instrument, apparatus, equipment or device designed or adapted for use for the purpose...
• 817.4821 - Cellular Telephone Counterfeiting Offenses.
  (1) As used in this act, the term:(a) “Possess” means to have physical possession or otherwise to exercise dominion or control over tangible property.(b) “Intercept” means to electronically...
• 817.483 - Transmission Or Publication Of Information Regarding Schemes, Devices, Means, Or Methods For Theft Of Communication Services.
  Any person who transmits or publishes the number or code of an existing, canceled, revoked, or nonexistent telephone number or credit number or other credit...
• 817.484 - Obtaining Telephone Calling Records By Fraudulent Means Prohibited.
  (1) As used in this section, the term:(a) “Calling record” means a record held by a telecommunications company of the telephone calls made or text messages sent...
• 817.487 - Telephone Caller Identification Systems.
  (1) As used in this section:(a) “Call” means any type of telephone call made using a public switched telephone network, wireless cellular telephone service, or voice-over-Internet protocol...
• 817.49 - False Reports Of Commission Of Crimes; Penalty.
  Whoever willfully imparts, conveys or causes to be imparted or conveyed to any law enforcement officer false information or reports concerning the alleged commission of...
• 817.50 - Fraudulently Obtaining Goods Or Services From A Health Care Provider; False Reports Of A Communicable Disease.
  (1) Whoever shall, willfully and with intent to defraud, obtain or attempt to obtain goods, products, merchandise, or services from any health care provider in this...
• 817.505 - Patient Brokering Prohibited; Exceptions; Penalties.
  (1) It is unlawful for any person, including any health care provider or health care facility, to:(a) Offer or pay any commission, bonus, rebate, kickback, or bribe,...
• 817.51 - Obtaining Groceries, Retail Poultry, Dairy, Bakery, And Other Retail Products; Intent To Defraud.
  Any person who shall obtain any items from retail grocery establishments, or retail poultry, dairy, bakery or any other retail dealers with intent to defraud...
• 817.52 - Obtaining Vehicles With Intent To Defraud, Failing To Return Hired Vehicle, Or Tampering With Mileage Device Of Hired Vehicle.
  (1) OBTAINING BY TRICK, FALSE REPRESENTATION, ETC.—Whoever, with intent to defraud the owner or any person lawfully possessing any motor vehicle, obtains the custody of such...
• 817.53 - False Charges For Radio And Television Repairs And Parts; Penalty.
  (1) It is unlawful for a person to knowingly charge for any services which are not actually performed in repairing a radio or television set, or...
• 817.535 - Unlawful Filing Of False Documents Or Records Against Real Or Personal Property.
  (1) As used in this section, the term:(a) “File” means to present an instrument for recording in an official record or to cause an instrument to be...
• 817.54 - Obtaining Of Mortgage, Mortgage Note, Promissory Note, Etc., By False Representation.
  Any person who, with intent to defraud, obtains any mortgage, mortgage note, promissory note or other instrument evidencing a debt from any person or obtains...
• 817.545 - Mortgage Fraud.
  (1) For the purposes of the section, the term “mortgage lending process” means the process through which a person seeks or obtains a residential mortgage loan,...
• 817.55 - Tourist Attraction Advertisement; Misleading Use Of The Word “free.”
  (1) It shall be unlawful for any person or persons, including corporations, operating a tourist attraction, event, show, or similar places of business for profit catering...
• 817.554 - Fraudulently Offering For Sale Tour Or Travel-related Services.
  (1) A seller of any tour or travel service, including, but not limited to:(a) A person engaged in the business of selling tours, travel services, or travel-related...
• 817.558 - Water-treatment Devices.
  (1) For purposes of this section:(a) “Water-treatment device” means any product, device, or system designed for personal, family, or household use and for which any claim is...
• 817.561 - Violations May Be Enjoined.
  In addition to the punishments provided herein, the state attorneys of the various judicial circuits throughout the state are vested with authority and power to...
• 817.5615 - Marks Required On Optical Discs; Prohibited Acts; Penalties.
  (1) For purposes of this act, the term:(a) “Commercial purposes” means the manufacture of at least 10 of the same or different optical discs in a 180-day...
• 817.562 - Fraud Involving A Security Interest.
  (1) As used in this section, the terms “proceeds,” “security agreement,” “security interest,” and “secured party” shall be given the meanings prescribed for them in chapter...
• 817.5621 - Unlawful Subleasing Of A Motor Vehicle.
  (1) It is unlawful for any person who is not a party to a lease contract, conditional sale contract, or security agreement which transfers any right...
• 817.563 - Controlled Substance Named Or Described In S. 893.03; Sale Of Substance In Lieu Thereof.
  It is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance named or...
• 817.564 - Imitation Controlled Substances Defined; Possession And Distribution Prohibited.
  (1) For the purposes of this section, the term “imitation controlled substance” means a pill, capsule, tablet, or substance in any form whatsoever which is not...
• 817.565 - Urine Testing, Fraudulent Practices; Penalties.
  (1) It is unlawful for any person:(a) Willfully to defraud or attempt to defraud any lawfully administered urine test designed to detect the presence of chemical substances...
• 817.566 - Misrepresentation Of Association With, Or Academic Standing At, Postsecondary Educational Institution.
  Any person who, with intent to defraud, misrepresents his or her association with, or academic standing or other progress at, any postsecondary educational institution by...
• 817.568 - Criminal Use Of Personal Identification Information.
  (1) As used in this section, the term:(a) “Access device” means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or...
• 817.5685 - Unlawful Possession Of The Personal Identification Information Of Another Person.
  (1) As used in this section, the term “personal identification information” means a person’s social security number, official state-issued or United States-issued driver license or identification...
• 817.569 - Criminal Use Of A Public Record Or Public Records Information; Providing False Information; Penalties.
  A person who knowingly uses any public record, as defined in s. 119.011, who knowingly uses information obtainable only through such public record, or who...

Last modified: September 23, 2016