reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.44 - Intentional false advertising prohibited.

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.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.45 - Penalty.

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 degree, punishable as provided in s. 775.082 or s. 775.083. Upon a second or subsequent conviction for violation of s. 817.41, s. 817.411, or s. 817.44, such person is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine not exceeding $10,000, or by both.
History.—s. 6, ch. 59-301; s. 872, ch. 71-136; s. 179, ch. 79-164; s. 1, ch. 89-68.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.47 - Insurance advertising exempt.

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 the insurance laws of this state.
History.—s. 9, ch. 59-301; s. 74, ch. 95-211.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.481 - Credit or purchases; obtaining illicitly.

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, or service, by the use of any false, fictitious, counterfeit, or expired credit card, telephone number, credit number, or other credit device, or by the use of any credit card, telephone number, credit number, or other credit device of another person without the authority of the person to whom such card, number, or device was issued, or by the use of any credit card, telephone number, credit number, or other credit device in any case where such card, number, or device has been revoked and notice of revocation has been given to the person to whom issued.
(2) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid payment of the lawful charges, in whole or in part, for any telephone or telegraph service or for the transmission of a message, signal or other communication by telephone or telegraph or over telephone or telegraph facilities by the use of any fraudulent scheme, means or method, or any mechanical, electric, or electronic device.
(3)(a) If the value of the property, goods, or services obtained or which are sought to be obtained in violation of this section is $300 or more, the offender shall be guilty of grand larceny.
(b) If the value of the property, goods, or services obtained or which are sought to be obtained in violation of this section is less than $300 the offender shall be guilty of petit larceny.
History.—ss. 1, 2, 3, ch. 61-83; s. 1, ch. 65-245; s. 1, ch. 65-128; s. 873, ch. 71-136; s. 4, ch. 86-161; s. 15, ch. 2015-166.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.482 - Possessing or transferring device for theft of telecommunications service; concealment of destination of telecommunications service.

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 of avoiding or attempting to avoid payment of telecommunications service in violation of s. 817.481; or
(b) Sell, give, transport, or otherwise transfer to another, or offer or advertise to sell, give, or otherwise transfer, any instrument, apparatus, equipment, or device described in paragraph (a), or plans or instructions for making or assembling the same; under circumstances evincing an intent to use or employ such instrument, apparatus, equipment, or device, or to allow the same to be used or employed, for a purpose described in paragraph (a), or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such instrument, apparatus, equipment, or device.
Any person violating the provisions of paragraphs (a) and (b) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who shall make or possess, for purposes of avoiding or attempting to avoid payment for long-distance telecommunication services, any electronic device capable of duplicating tones or sounds utilized in long-distance telecommunications shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Any such instrument, apparatus, equipment, or device, or plans or instructions therefor, referred to in subsections (1) and (2), may be seized by court order or under a search warrant of a judge or incident to a lawful arrest; and upon the conviction of any person for a violation of any provision of this act, or s. 817.481, such instrument, apparatus, equipment, device, plans, or instructions either shall be destroyed as contraband by the sheriff of the county in which such person was convicted or turned over to the telephone company in whose territory such instrument, apparatus, equipment, device, plans, or instructions were seized.
History.—s. 2, ch. 65-245; s. 874, ch. 71-136; s. 1, ch. 74-137; s. 14, ch. 2004-11.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.483 - Transmission or publication of information regarding schemes, devices, means, or methods for theft of communication services.

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 device, or method of numbering or coding which is employed in the issuance of telephone numbers or credit numbers or other credit devices, with the intent to avoid or to cause another to avoid lawful charges is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 74-138.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.484 - Obtaining telephone calling records by fraudulent means prohibited.

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 or received by a customer of that company.
(b) “Customer” means a person who has received telephone service from a telecommunications company.
(c) “Law enforcement agency” has the same meaning as in s. 23.1225(1)(d).
(d) “Telecommunications company” has the same meaning as in s. 364.02, except that the term includes VoIP service and commercial mobile radio service providers.
(2) It is a violation of this section for a person to:
(a) Obtain or attempt to obtain the calling record of another person without the permission of that person by:
1. Making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a telecommunications company;
2. Making a false, fictitious, or fraudulent statement or representation to a customer of a telecommunications company; or
3. Providing any document to an officer, employee, or agent of a telecommunications company, knowing that the document is forged, is counterfeit, was lost or stolen, was fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation.
(b) Ask another person to obtain a calling record, knowing that the other person will obtain, or attempt to obtain, the calling record from the telecommunications company in any manner described in paragraph (a).
(c) Sell or offer to sell a calling record obtained in any manner described in paragraph (a) or paragraph (b).
(3) A person who violates this section for the first time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A second or subsequent violation constitutes a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(4) It is not a violation of this section for:
(a) A law enforcement agency to obtain a calling record in connection with the performance of the official duties of that agency in accordance with other applicable laws.
(b) A telecommunications company, or an officer, employee, or agent of a telecommunications company, to obtain a calling record of that company in the course of:
1. Testing the security procedures or systems of the telecommunications company for maintaining the confidentiality of customer information;
2. Investigating an allegation of misconduct or negligence on the part of an officer, employee, or agent of the telecommunications company; or
3. Recovering a calling record that was obtained or received by another person in any manner described in subsection (2).
History.—s. 1, ch. 2006-141.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.49 - False reports of commission of crimes; penalty.

817.49 False reports of commission of crimes; penalty.—
(1) Except as provided in subsection (2), whoever willfully imparts, conveys, or causes to be imparted or conveyed to a law enforcement officer or employee of a public safety agency false information or reports concerning the alleged commission of any crime under the laws of this state, knowing such information or report to be false, when no such crime has actually been committed, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2)(a) As used in this section, the term “public safety agency” means a law enforcement agency, professional or volunteer fire department, emergency medical service, ambulance service, or other public entity that dispatches or provides first responder services to respond to crimes, to assist victims of crimes, or to apprehend offenders.
(b) If the willful making of a false report of a crime as set forth in this section results in a response by a federal, state, district, municipal, or other public safety agency and the response results in:
1. Great bodily harm, permanent disfigurement, or permanent disability to any person as a proximate result of lawful conduct arising out of a response, the person making such report commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. Death to any person as a proximate result of lawful conduct arising out of a response, the person making such report commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A court shall order any person convicted of violating this section to pay restitution, which shall include full payment for any cost incurred by a responding public safety agency.
History.—s. 1, ch. 59-294; s. 875, ch. 71-136; s. 1, ch. 2021-64.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.50 - Fraudulently obtaining goods or services from a health care provider; false reports of a communicable disease.

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 state, as defined in s. 641.19(14), including a person who, during a declared public health emergency as defined in s. 381.00315, willfully and with intent to defraud, claims that he or she has contracted a communicable disease, to obtain or attempt to obtain such goods, products, merchandise, or services or falsely reports that he or she has contracted a communicable disease to a law enforcement officer as defined in s. 943.10, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) If any person gives to any health care provider in this state a false or fictitious name or a false or fictitious address or assigns to any health care provider the proceeds of any health maintenance contract or insurance contract, then knowing that such contract is no longer in force, is invalid, or is void for any reason, such action shall be prima facie evidence of the intent of such person to defraud the health care provider. However, this subsection does not apply to investigative actions taken by law enforcement officers for law enforcement purposes in the course of their official duties.
History.—ss. 1, 2, ch. 61-154; s. 876, ch. 71-136; s. 166, ch. 83-216; s. 12, ch. 2000-252; s. 1911, ch. 2003-261; s. 18, ch. 2006-305; s. 3, ch. 2015-120; s. 16, ch. 2015-166.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.504 - Offering or advertising a vaccine with intent to defraud.

817.504 Offering or advertising a vaccine with intent to defraud.—
(1) It is unlawful for any person to knowingly and willfully make a materially false or misleading statement or to knowingly and willfully disseminate false or misleading information regarding the availability of, or access to, a vaccine for the novel coronavirus “COVID-19” or a vaccine for any other pandemic disease in any marketing or advertising material; on a website, social media platform, or other media; or by telephone, text message, mail, or e-mail, with the intent to obtain another person’s personal identification information, as defined in s. 817.568(1)(f), or to obtain or receive any money or other valuable consideration.
(a) Except as provided in paragraph (b), a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A person who commits a second or subsequent violation of this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Prosecution for a violation of this section may be brought on behalf of the state by any state attorney or by the statewide prosecutor.
(3) If the Attorney General reasonably believes that a person has committed a violation of this section, the Attorney General may institute a civil action for a violation of this section or to prevent a violation of this section. An action for relief may include a permanent or temporary injunction, a restraining order, or any other appropriate order.
History.—s. 2, ch. 2021-34.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.51 - Obtaining groceries, retail poultry, dairy, bakery, and other retail products; intent to defraud.

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 the owner or keeper thereof shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided that the provisions of this section shall not apply where there has been an agreement in writing for delay in payments.
History.—s. 1, ch. 61-206; s. 1, ch. 67-513; s. 877, ch. 71-136.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.53 - False charges for radio and television repairs and parts; penalty.

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 to knowingly charge for any parts which are not actually furnished, or to knowingly misinform a customer concerning what is wrong with his or her radio or television set, or to knowingly and fraudulently substitute parts when such substitution has no relation to the repairing or servicing of the radio or television set.
(2) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 63-383; s. 879, ch. 71-136; s. 1261, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.54 - Obtaining of mortgage, mortgage note, promissory note, etc., by false representation.

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 the signature of any person to any mortgage, mortgage note, promissory note or other instrument evidencing a debt by color or aid of fraudulent or false representation or pretenses, or obtains the signature of any person to a mortgage, mortgage note, promissory note, or other instrument evidencing a debt, the false making whereof would be punishable as forgery, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 63-142; s. 880, ch. 71-136.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.55 - Tourist attraction advertisement; misleading use of the word “free.”

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 to the public to use or advertise in connection therewith the words “free” or “free admission” or any similar words or words of similar or like import and meaning, in a false, misleading, deceptive, or fraudulent manner, calculated to cause or actually causing any member of the public to be misled, deceived or defrauded to his or her detriment.
(2) The state attorney for any county in which any violation of this act occurs may enjoin the use of such word or words by temporary and permanent injunction by application to any court of competent jurisdiction.
(3) Violations of this act whether or not enjoined as provided herein, shall be punishable as a misdemeanor of the second degree, as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 63-506; ss. 17, 35, ch. 69-106; s. 881, ch. 71-136; s. 1, ch. 73-283; s. 32, ch. 73-334; s. 1262, ch. 97-102; s. 24, ch. 2001-64.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.554 - Fraudulently offering for sale tour or travel-related services.

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 services;
(b) A person who sells tours or travel services in conjunction with the offer of a course of instruction for persons seeking to become travel agents;
(c) A person who is not actively engaged in the business of selling tours or travel services but who offers for sale a single tour or a limited number of tours; or
(d) The principal of any corporation or partnership engaged in the business of selling tours or travel services,
who knowingly makes claims relating to such tours or travel services with the intent to defraud any individual or group of a fee or other valuable consideration is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who offers educational or training courses relating to the tour or travel service business and who knowingly makes claims relating to such educational or training courses with the intent to defraud any individual of a fee or other valuable consideration is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who offers his or her services as a tour or travel service consultant to anyone engaged in the tour or travel service business and who knowingly makes claims relating to his or her qualifications to provide such consulting services or his or her ability to provide travel-related services with the intent to defraud such person of a fee or other valuable consideration is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(4) Any individual or group which meets the standards of organized fraud as defined in s. 817.034 shall be punished as provided in s. 817.034.
History.—s. 1, ch. 85-39; s. 1263, ch. 97-102; s. 5, ch. 2010-117.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.558 - Water-treatment devices.

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 made that it will improve the quality of water by reducing one or more contaminants through mechanical, physical, chemical, or biological processes or a combination thereof.
(b) “Advertisement” means any representation of fact or opinion disseminated to the public in any manner or by any means which is designed to induce, directly or indirectly, any person to enter into any obligation to acquire any title or interest in or to use any water-treatment device.
(c) “Misleading” means any direct or indirect misrepresentation or omission of any material fact or circumstance.
(2)(a) It is unlawful for any person to make or disseminate any false or misleading advertisement regarding any water-treatment device.
(b) It is unlawful for any person who solicits the sale, rental, lease, or order of any water-treatment device to make any false or misleading statement or claim:
1. Regarding contamination problems in tap water;
2. Stating or implying scientific certainty regarding the relationship between acute or chronic illnesses and water quality;
3. Regarding the type and degree of problems caused by water treated in public water-treatment systems;
4. Stating that the water flowing from a water-treatment device is “pure,” unless such word is reasonably defined;
5. Making undocumented claims about the performance or benefits of a water-treatment device; or
6. Using unauthorized endorsements or testimonials.
(3) At the time of or before the order, sale, rental, or lease of any water-treatment device to a consumer, the person soliciting the order, sale, rental, or lease must notify the consumer in clear and conspicuous writing in at least 10-point boldfaced type that operational, maintenance, and replacement requirements are essential for the water-treatment device to perform as represented. In addition to the notification requirement, each water-treatment device must have a label or tag affixed to it or the container in which it is sold or delivered which notifies the consumer that operational, maintenance, and replacement requirements are essential for the water-treatment device to perform as sold.
(4) Any person who violates any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 9, ch. 91-41; s. 9, ch. 91-68; s. 1, ch. 93-43.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.561 - Violations may be enjoined.

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 invoke the jurisdiction of courts of equity within their respective judicial circuits to enjoin or obtain other equitable relief against persons violating the provisions of ss. 817.06, 817.061, 817.38-817.44, and 817.55. The prevailing party shall receive court costs and reasonable attorneys’ fees, to be deposited in or paid from the general fund.
History.—s. 1, ch. 71-233; s. 32, ch. 73-334.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.5615 - Marks required on optical discs; prohibited acts; penalties.

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 period by storing information on the disc for purposes of sale in this state by that person or other persons.
(b) “Manufacture” means replication of the physical optical disc or production of the master used in any optical disc replication process, but does not include the manufacture of optical discs for internal use, testing, or review or blank optical discs.
(c) “Optical disc” means a disc capable of being read by a laser or other light source on which data is stored in digital form, including, but not limited to, discs known as compact discs, recordable compact discs, and digital video discs.
(d) “Identification mark” means the name of the manufacturer and the state in which the disc was manufactured, or a unique identifier that identifies the place where an optical disc was manufactured.
(2)(a) Each person who manufactures optical discs for commercial purposes shall permanently mark each manufactured optical disc with an identification mark. The identification mark shall be affixed by molding, die-stamping, etching, or other permanent method in a manner in which it is clearly visible without the aid of magnification or special devices to read the mark. Any person who manufactures optical discs for commercial purposes without complying with this paragraph shall be subject to a fine of up to $5,000 for a first offense and a fine of up to $50,000 for a second or subsequent offense.
(b) It is unlawful for any person to buy, sell, receive, transfer, or possess for purposes of sale or rental an optical disc knowing that the identification mark required by this section has been removed, defaced, covered, altered, or destroyed or knowing it was manufactured in this state without the required identification mark or with a false identification mark. Any person who buys, sells, receives, transfers, or possesses for purposes of sale or rental an optical disc knowing that the identification mark required by this section has been removed, defaced, covered, altered, or destroyed or knowing it was manufactured in this state without the required identification mark or with a false identification mark commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of up to $10,000, or both.
(c) It is unlawful for any person to knowingly remove, deface, cover, alter, or destroy the identification mark required by this section. Any person who knowingly removes, defaces, covers, alters, or destroys the identification mark required by this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of up to $50,000, or both.
History.—s. 1, ch. 99-383.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.562 - Fraud involving a security interest.

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 679.
(2) A person is guilty of fraud involving a security interest when, having executed a security agreement creating a security interest in personal property, including accounts receivable, which security interest secures a monetary obligation owed to a secured party, and:
(a) Having under the security agreement both the right of sale or other disposition of the property and the duty to account to the secured party for the proceeds of disposition, he or she sells or otherwise disposes of the property and wrongfully and willfully fails to account to the secured party for the proceeds of disposition; or
(b) Having under the security agreement no right of sale or other disposition of the property, he or she knowingly secretes, withholds, or disposes of such property in violation of the security agreement.
(3) Any person who knowingly violates this section shall be punished as follows:
(a) If the value of the property sold, secreted, withheld, or disposed of or the proceeds from the sale or disposition of the property is $300 or more, such person is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the value of the property sold, secreted, withheld, or disposed of or the proceeds obtained from the sale or disposition of the property is less than $300, such person is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 79-113; s. 5, ch. 86-161; s. 196, ch. 91-224; s. 1265, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.5621 - Unlawful subleasing of a motor vehicle.

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 or interest in a motor vehicle to:
(a) Obtain or exercise control over the motor vehicle and then sell, transfer, assign, or lease the motor vehicle to another person without first obtaining written authorization from the secured creditor, lessor, or lienholder for the sale, transfer, assignment, or lease if he or she receives compensation or other consideration for the sale, transfer, assignment, or lease of the motor vehicle; or
(b) Assist, cause, or arrange the actual or purported sale, transfer, assignment, or lease of the motor vehicle to another person without first obtaining written authorization from the secured creditor, lessor, or lienholder for the sale, transfer, assignment, or lease if he or she receives compensation or other consideration for assisting, causing, or arranging the sale, transfer, assignment, or lease of the motor vehicle.
(2) Any person who violates the provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Notwithstanding any other remedy or relief to which a person is entitled, anyone suffering damage as a result of a violation of this section may bring an action to recover or obtain actual damages, equitable relief, including, but not limited to, an injunction or restitution of money and property, punitive damages, reasonable attorney’s fees and costs, and any other relief the court deems proper.
History.—s. 2, ch. 88-407; s. 1266, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.563 - Controlled substance named or described in s. 893.03; sale of substance in lieu thereof.

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 described in s. 893.03 and then sell to such person any other substance in lieu of such controlled substance. Any person who violates this section with respect to:
(1) A controlled substance named or described in s. 893.03(1), (2), (3), or (4) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A controlled substance named or described in s. 893.03(5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 81-53; s. 4, ch. 89-281; s. 101, ch. 97-264; s. 7, ch. 99-186; s. 17, ch. 2000-320; s. 7, ch. 2002-78; s. 26, ch. 2016-105; s. 3, ch. 2019-166.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.565 - Urine testing, fraudulent practices; penalties.

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 or controlled substances.
(b) Willfully to manufacture, advertise, sell, or distribute any substance or device which is intended to defraud or attempt to defraud any lawfully administered urine test designed to detect the presence of chemical substances or controlled substances.
(2) Any person who violates the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 9, ch. 87-243.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.566 - Misrepresentation of association with, or academic standing at, postsecondary educational institution.

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 falsely making, altering, simulating, or forging a document, degree, certificate, diploma, award, record, letter, transcript, form, or other paper; or any person who causes or procures such a misrepresentation; or any person who utters and publishes or otherwise represents such a document, degree, certificate, diploma, award, record, letter, transcript, form, or other paper as true, knowing it to be false, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Individuals who present a religious academic degree from any college, university, seminary, or institution which is not licensed by the Commission for Independent Education or which is not exempt pursuant to the provisions of s. 1005.06 shall disclose the religious nature of the degree upon presentation.
History.—s. 1, ch. 88-407; s. 1, ch. 89-40; s. 18, ch. 92-321; s. 1267, ch. 97-102; s. 1038, ch. 2002-387; s. 159, ch. 2004-5; s. 20, ch. 2004-41.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.569 - Criminal use of a public record or public records information; providing false information; penalties.

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 knowingly provides false information that becomes part of a public record to facilitate or further the commission of:
(1) A misdemeanor of the first degree, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A felony, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 2002-284; s. 18, ch. 2015-166.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part II - Credit Card Crimes (Ss. 817.57-817.685) › 817.57 - Short title.

817.57 Short title.—Part II of this chapter shall be known and may be cited as the 1967 “State Credit Card Crime Act.”
History.—s. 13, ch. 67-340.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part II - Credit Card Crimes (Ss. 817.57-817.685) › 817.58 - Definitions.

817.58 Definitions.—As used in ss. 817.57-817.685:
(1) “Acquirer” means a business organization, governmental entity, financial institution, or an agent of a business organization, governmental entity, or financial institution that authorizes a merchant to accept payment by credit card for money, goods, services, or anything else of value.
(2) “Cardholder” means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.
(3) “Counterfeit credit card” means any credit card which is fictitious, altered, or forged; any facsimile or false representation, depiction, or component of a credit card; or any credit card which is stolen, obtained as part of a scheme to defraud, or otherwise unlawfully obtained, and which may or may not be embossed with account information or a company logo.
(4) “Credit card” means any instrument or device, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, electronic benefits transfer (EBT) card, or debit card or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value on credit or for use in an automated banking device to obtain any of the services offered through the device.
(5) “Expired credit card” means a credit card which is no longer valid because the term shown on it has elapsed.
(6) “Issuer” means the business organization, state or federal government, or financial institution, or its duly authorized agent, which issues a credit card.
(7) “Receives” or “receiving” means acquiring possession or control or accepting as security for a loan a credit card.
(8) “Revoked credit card” means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
(9) “Credit-card-making equipment” means any equipment, machine, plate, mechanism, impression, or any other device designed, used, or capable of being used to produce a credit card, a counterfeit credit card, or any aspect or component of a credit card.
(10) “Traffic” means to sell, transfer, distribute, dispense, or otherwise dispose of a property or to buy, receive, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property.
History.—s. 1, ch. 67-340; ss. 2, 10, ch. 84-297; s. 1, ch. 85-43; s. 1, ch. 88-198; s. 5, ch. 95-431; s. 3, ch. 2016-173.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part II - Credit Card Crimes (Ss. 817.57-817.685) › 817.59 - False statement as to financial condition or identity.

817.59 False statement as to financial condition or identity.—A person who makes or causes to be made, either directly or indirectly, any false statement as to a material fact in writing, knowing it to be false and with intent that it be relied on respecting his or her identity or that of any other person, firm, or corporation or his or her financial condition or that of any other person, firm, or corporation, for the purpose of procuring the issuance of a credit card, violates this section and is subject to the penalties set forth in s. 817.67(1).
History.—s. 2, ch. 67-340; s. 1268, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part II - Credit Card Crimes (Ss. 817.57-817.685) › 817.61 - Fraudulent use of credit cards.

817.61 Fraudulent use of credit cards.—A person who, with intent to defraud the issuer or a person or organization providing money, goods, services, or anything else of value or any other person, uses, for the purpose of obtaining money, goods, services, or anything else of value, a credit card obtained or retained in violation of this part or a credit card which he or she knows is forged, or who obtains money, goods, services, or anything else of value by representing, without the consent of the cardholder, that he or she is the holder of a specified card or by representing that he or she is the holder of a card and such card has not in fact been issued violates this section. A person who, in any 6-month period, uses a credit card in violation of this section two or fewer times, or obtains money, goods, services, or anything else in violation of this section the value of which is less than $100, is subject to the penalties set forth in s. 817.67(1). A person who, in any 6-month period, uses a credit card in violation of this section more than two times, or obtains money, goods, services, or anything else in violation of this section the value of which is $100 or more, is subject to the penalties set forth in s. 817.67(2).
History.—s. 4, ch. 67-340; s. 4, ch. 84-297; s. 3, ch. 85-43; s. 75, ch. 95-211; s. 1270, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part II - Credit Card Crimes (Ss. 817.57-817.685) › 817.611 - Traffic in or possess counterfeit credit cards.

817.611 Traffic in or possess counterfeit credit cards.—
(1) As used in this section, the term “related document” means an invoice, a voucher, a sales draft, or other representation or manifestation of a counterfeit credit card or a credit card number of a cardholder if not authorized by the cardholder.
(2) A person who traffics in, attempts to traffic in, or possesses counterfeit credit cards or related documents in any 6-month period is guilty of:
(a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person traffics in, attempts to traffic in, or possesses 5 to 14 counterfeit credit cards or related documents.
(b) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person traffics in, attempts to traffic in, or possesses 15 to 49 counterfeit credit cards or related documents.
(c) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person traffics in, attempts to traffic in, or possesses 50 or more counterfeit credit cards or related documents.
History.—s. 4, ch. 85-43; s. 4, ch. 2016-173.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part II - Credit Card Crimes (Ss. 817.57-817.685) › 817.612 - Expired or revoked credit cards.

817.612 Expired or revoked credit cards.—A person who, with intent to defraud the issuer or a person or organization providing money, goods, services, or anything else of value, uses, for the purpose of obtaining money, goods, services, or anything else of value, a credit card which he or she knows is expired or revoked violates this section and is subject to the penalties set forth in s. 817.67(1). Knowledge of revocation shall be presumed to have been received by a cardholder 7 days after such notice has been mailed to him or her by first-class mail at the last known address.
History.—s. 5, ch. 85-43; s. 1271, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part II - Credit Card Crimes (Ss. 817.57-817.685) › 817.631 - Possession and transfer of credit-card-making equipment.

817.631 Possession and transfer of credit-card-making equipment.—A person who receives, possesses, transfers, buys, sells, controls, or has custody of any credit-card-making equipment with intent that such equipment be used in the production of counterfeit credit cards violates this section and is subject to the penalties set forth in s. 817.67(2).
History.—s. 6, ch. 85-43.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part II - Credit Card Crimes (Ss. 817.57-817.685) › 817.64 - Receipt of money, etc., obtained by fraudulent use of credit cards.

817.64 Receipt of money, etc., obtained by fraudulent use of credit cards.—A person who receives money, goods, services, or anything else of value obtained in violation of s. 817.61, knowing or believing that it was so obtained, violates this section and is subject to the penalties set forth in s. 817.67(1). A person who obtains at a discount price a ticket issued by an airline, railroad, steamship, or other transportation company which was acquired in violation of s. 817.61 without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess it shall be presumed to know that such ticket was acquired under circumstances constituting a violation of s. 817.61.
History.—s. 7, ch. 67-340.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part II - Credit Card Crimes (Ss. 817.57-817.685) › 817.645 - Alteration of credit card invoice; penalties.

817.645 Alteration of credit card invoice; penalties.—Whoever, with intent to defraud any person, falsely alters any invoice for money, goods, services, or anything else of value obtained by use of a credit card after it has been signed by the cardholder or a person authorized by him or her violates this section and is subject to the penalties set forth in s. 817.67(1).
History.—s. 1, ch. 72-127; s. 1273, ch. 97-102.