Ch. 817 FRAUDULENT PRACTICES F.S. 1987 CHAPTER 817 ...

Ch 817

81702 81703

817031

817034 817037 81705

81706

817061

81708

81711

81712 8171 3

8171 4

81715

817155

81716

817 17 81718 81719

81720

81721 81722 81723 817233 817234 817235

FRAUDULENT PRACTICES FS 1987

CHAPTER 817

FRAUDULENT PRACTICES

PART I FALSE PRETENSES AND FRAUDS GENERALLY (ss 81702-817565)

PART II CREDIT CARD CRIMES (ss 81757-817685)

PART Ill CREDIT SERVICE ORGANIZATIONS (ss 8177001-817706)

PART 81724 Unlawful to add or alter or deface existing brand

FALSE PRETENSES AND FRAUDS 81725 Fraudulently marking or branding GENERALLY 81726 Fraudulently changing marks on animal

81727 Cutting off ears or head of animal before same Obtaining property by false personation is dressed Making false statement to obtain property or 81728 Fraudulent obtaining of property by gaming

credit 81729 Cheating Making false statements venue of prosecu- 81730 Punishment for unlawful use of badge of cer-

lion lain orders and organizations Florida Communications Fraud Act 81731 Unlawful use of insignia of American Legion Fraudulent refunds penalty False statements to merchants as to financi3I 817311 Unlawful use of badges etc

condition 81732 Fraudulent operation of coin-operated de-Misleading advertisements prohibited penal- vices

ty 81733 Manufacture etc of slugs to be used in Misleading solicitation of payments prohibit- coin-operated devices prohibited

ed 81734 False entries and statements by investment

Receiving money or property upon false prom- companies offering stock or security for

ises of services as seaman or sponge fish- sale

erman 81735 Sale of cemetery lots or mausoleum space

Obtaining property by fraudulent promise to promises

furnish inside information 817355 Fraudulent creation or possession of admis-

Penalty for violation of s 81711 sion ticket 81736 Resale of tickets of common carriers places Paraphernalia as evidence of violation of s of amusement etc 81711 81737 Touting defining providing punishment ejec-Procuring assignments of produce upon false tion from racetracks

representations 81738 Simulated process Making false entries etc on books of corpo- 81739 Simulated forms of court or legal process or

ration official seal or stationery publication sale Matters within jurisdiction of Department of or circulation unlawful penalty

State false fictitious or fraudulent acts 81740 False misleading and deceptive advertising statements and representations prohibit- and sales definitions ed penalty statute of limitations 81741 Misleading advertising prohibited

False reports etc by officers of banks trust 817411 False information advertising companies etc under supervision of De- 817415 Florida Free Gift Advertising Law partment of Banking and Finance with in- 817416 Franchises and distributorships misrepresen-tent to defraud tations

Wrongful use of citys name 81743 Exemption Wrongful stamping marking etc penalty 81744 Intentional false advertising prohibited Fraudulent issue of certificate of stock of cor- 81745 Penalty

poration 81747 Insurance advertising exempt Issuing stock or obligation of corporation be- 817481 Credit cards obtaining goods by use of false

yond authorized amount expired etc penalty Books to be evidence in such cases 817482 Possessing or transferring device for theft of Making false invoice to defraud insurer telecommunications service concealment Making false affidavit to defraud insurer of destination of telecommunications ser-Burning to defraud the insurer vice False and fraudulent insurance claims 817483 Transmission or publication of information re-Personal property removing or altering identi- garding schemes devices means or meth-

fication marks ods for theft of communication services

1578

FS 1987 FRAUDULENT PRACTICES Ch 817

81749

81750

81751

81752

81753

81754

81755

817 554

817559 81756

817561 817562 817563

817564

817565

False reports of commission of crimes penalshyty

Fraudulently obtaining goods services etc from hospital

Obtaining groceries retail poultry dairy bakmiddot ery and other retail products intent to demiddot fraud

Obtaining vehicles with intent to defraud failmiddot ing to return hired vehicle or tampering with mileage device of hired vehicle

False charges for radio and television repairs and parts penalty

Obtaining of mortgage mortgage note prommiddot issory note etc by false representation

Tourist attraction advertisement misleading use of the word free

Fraudulently offering for sale tour or travmiddot el- related services

Television picture tube labels definitions Misrepresentations of television picture tubes

prohibited penalty definitions Violations may be enjoined Fraud involving a security interest Controlled substance named or described in

s 89303 sale of substance in lieu thereof Imitation controlled substances defined posmiddot

session and distribution prohibited Urine testing fraudulent practices penalties

81702 Obtaining property by false personationshyWhoever falsely personates or represents another and in such assumed character receives any property inmiddot tended to be delivered to the party so personated with intent to convert the same to his own use shall be punmiddot ished as if he had been convicted of larceny

Hiatory-s 49 sub- ch 4 ch 1637 1868 RS 2466 GS 3321 RGS 5156 CGL 7259

81703 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 fi nancial condition assets or liabilities or relating to the financial condition assets or liabilities of any firm or corshyporation in which such person has a financial interest or for whom he is acting with a fraudulent intent of obmiddot taining credit goods money or other property and shall by such false statement obtain credit goods money or other property shall be guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083

Hi1tory-s 1 ch 51 34 1903 RS 3322 s 1 ch 6869 1915 RGS 5160 CGL7263 s 843 ch 71- 136 cf-s 509151 Obtaining lodging wi1h 1nten1 lo defraud

817031 Making false statements venue of proseshycution- Prosecutions under s 81703 may be begun in the county where the statement was written or purports to have been written

Hiatory-s 2 ch 5134 1903 GS 3323 RGS 5161 CGL 7264 Note- Former s 81704

cf-s 91003 Place of trial generally

817034 Florida Communications Fraud Actshy(1) LEGISLATIVE INTENT-(a) The Legislature recognizes that schemes to demiddot

fraud have proliferated in the United States in recent

years and that many operators of schemes to defraud use communications technology to solicit victims and thereby conceal their identities and overcome a victims normal resistance to sales pressure by delivering a permiddot sonalized sales message

(b) It is the intent of the Legislature to prevent the use of communications technology in furtherance of schemes to defraud by consolidating former statutes concerning schemes to defraud and organized fraud to permit prosecution of these crimes util izing the legal precedent available under federal mail and wire fraud statutes

(2) SHORT TITLE-This section may be cited as the Florida Communications Fraud Act

(3) DEFINITIONS-As used in this section the term (a) Communicate means to transmit or transfer or

to cause another to transmit or transfer signs signals writing images sounds data or intelligences of any namiddot ture in whole or in part by mail or by wire radio electromiddot magnetic photo-electronic or photo-optical system

(b) Obtain means temporari ly or permanently to demiddot prive any person of the right to property or a benefit therefrom or to appropriate the property to ones own use or to the use of any other person not entitled thereto

(c) Property means anything of value and inmiddot eludes

1 Real property including things growing on afmiddot fixed to or found in land

2 Tangible or intangible personal property includmiddot ing rights privileges interests and claims and

3 Services (d) Scheme to defraud means a systematic ongomiddot

ing course of conduct with intent to defraud one or more persons or with intent to obtain property from one or more persons by false or fraudulent pretenses repremiddot sentations or promises or willful misrepresentations of a future act

(e) Value means value determined according to any of the fo llowing

1a The market value of the property at the time and place of the offense or if such cannot be satisfactorily ascertained the cost of replacement of the property within a reasonable time after the offense

b The value of a written instrument that does not have a readily ascertainable market value in the case of an instrument such as a check draft or promissory note is the amount due or collectible or is in the case of any other instrument which creates releases disshycharges or otherwise affects any valuable legal right privilege or obligation the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument

c The value of a trade secret that does not have a readily ascertainable market value is any reasonable valmiddot ue representing the damage to the owner suffered by reason of losing an advantage over those who do not know of or use the trade secret

2 If the value of property cannot be ascertained the trier of fact may find the value to be not less than a certain amount if no such minimum value can be ascermiddot tained the value is an amount less than $300

3 Amounts of value of separate properties ob-tained in one scheme to defraud whether from the same

I 1579

Ch 817 FRAUDULENT PRACTICES FS 1987

person or from several persons shall be aggregated in determining the grade of the offense under paragraph (4Xa)

(4) OFFENSES-(a) Any person who engages in a scheme to defraud

and obtains property thereby 1s guilty of organized fraud punishable as follows

1 If the amount of property obtained has an aggre-gate value of $50000 or more the violator is guilty of a felony of the first degree punishable as provided in s 775082 s 775083 or s 775084

2 If the amount of property obtained has an aggre-gate value of $20000 or more but less than $50000 the violator is guilty of a felony of the second degree punshyishable as provided in s 775082 s 775083 or s 775084

3 If the amount of property obtained has an aggreshygate value of less than $20000 the violator is guilty of a felony of the third degree punishable as provided in s 775082 s 775083 or s 775084

(b) Any person who engages in a scheme to defraud and in furtherance of that scheme communicates with any person with intent to obtain property from that pershyson is guilty for each such act of communication of communications fraud punishable as follows

1 If the value of property obtained or endeavored to be obtained by the communication is valued at $300 or more the violator is guilty of a third degree felony punishable as set forth in s 775082 s 775083 or s 775084

2 If the value of the property obtained or endeav-ored to be obtained by the communication is valued at less than $300 the violator is guilty of a misdemeanor of the first degree punishable as set forth in s 775082 or s 775083

(c) Notwithstanding any contrary provisions of law separate Judgments and sentences for organized fraud under paragraph (a) and for each offense of communicashytions fraud under paragraph (b) may be imposed when all such offenses involve the same scheme to defraud

Hillory-1 1 ch 87-J82

817037 Fraudulent refunds-(1) Any person who engages in a systematic ongoshy

ing course of conduct to obtain a refund for merchanshydise from a business establishment by knowingly giving a false or fictitious name or address as his own or the name or address of any other person without that pershysons knowledge and approval is guilty of a misdemeanshyor of the second degree punishable as provided in s 775082 s 775083 or s 775084

(2) In order for a person to be convicted under this section a conspicuous notice must have been posted in the business establishment m the area where refunds are made advising patrons of the provisions of this secshytion and the penalties provided

Hlatory-1 3 ch BS-161

81705 False statements to merchants as to finanshycial condition-Any merchant in the state before exshytending credit to any person applying for the same may require such applicant to furnish a statement in writing showing the property owned and the salary being earned by said applicant and if said statement or any

part thereof is false provided the same be made willfulshyly and signed by applicant in presence of two witnessshyes and any person obtains credit from any merchant by reason of lhe merchant relying on and being deceived by said false statement or any part thereof then said person so obtaining credit or goods shall be deemed guilty of obtaining money or goods under false preshytenses and shall be guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083

Hlbulltory-1 1 ch 19487 1939 CGL 1940 Supp 72$4(1) a 84lt1 ch 71-136

81706 Misleading advertisements prohibited penshyalty-

(1) No person persons association copartnership or institution shall with intent to offer or sell or m anywise dispose of merchandise securities certificates diploshymas documents or other credentials purporting to reshyflect proficiency in any trade skill profession credits for academic achievement service or anything offered by such person persons association copartnership cormiddot poration or institution directly or indirectly to the public for sale or distribution or issuance or with intent to inshycrease the consumption or use thereof or with intent to induce the public in any manner to enter into any obligashytion relating thereto or to acquire title thereto or any inmiddot terest therein or ownership thereof knowingly or intenmiddot tionally make publish disseminate c irculate or place before the public or cause directly or indirectly to be made published disseminated or circulated or placed before the public 1n this state in a newspaper or other publication or 1n the form of a book notice handbill poster bill circular pamphlet or letter or in any other way an advertisement of any sort regarding such certifishycate diploma document credential academic credits merchandise security service or anything so offered to the public which advertisement contains any assertion representation or statement which is untrue deceptive or misleading

(2) Any person persons assoc1atton copartnership corporation or institution found guilty of a violation of subsection (1) shall be guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

Hibulltory-ss I 2 Ch 11827 1927 CGL 7311 7312 IS 1 2 Qh 57-410 s 846 ch 71 - 136

Note-Forme1 s 81707

817061 Misleading solicitation of payments proshyhibited-

(1) It is unlawful for any person company corporashytion agency association partnership institution or charitable entity to solicit payment of money by another by means of a statement or invoice or any writing that would reasonably be interpreted as a statement or inshyvoice for goods not yet ordered or for services not yet performed and not yet ordered unless there appears on the face of the statement or invoice or writing 1n 30-point boldfaced type the following warning

This is a solicitation for the order of goods or services and you are under no obligation to make payment unless you accept the offer contained herein

(2) Any person damaged by noncompliance with this section in addition to other remedies is entitled to

1580


damages in the amount equal to 3 times the sum solicshyited

(3) Any person company corporation agency asshysociation partnership institution or charitable entity that violates this section 1s guilty of a misdemeanor of the second degree punishable as provided in s_ 775083_

History--$$ 1 2 en ES-246 s 845 cn 11- 136

81708 Receiving money or property upon false promises of services as seaman or sponge fishennan - 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 fisherman tor a contemp lated voyage and receives or accepts any money or goods wares or merchandise as advances or bounty for the performance of said services and shall w illfu lly and without just cause refuse to perform said services or to go on said vessel at the time of the sailing of the same shall be guilty of a misdemeanor of the first degree punishable as provided in s 775 082 or s 775083

Hlatory- s 1 ch 5161 1903 GS 3324 RGS 5162 CGL7265 s 847 ch 71- 136

817 11 Obtaining property by fraudulent promise to furnish inside information- No person shall defraud or attempt to defraud any individual out of any thing of valshyue by assuming to have or be able to obtain any secret advance or inside information regarding any person transaction act or thing whether such person transacshytion act or thing exists or not

His toty- 1 I cn 8466 1921 CGl 7308

81712 Penalty for violation of s 81711-Any pershyson guilty of violating the provisions of s 81711 shall be deemed guilty of a felony of the third degree punishable as provided in s 775082 s 775083 or s 775084

Hlstoty-s 2 cn 8466 1921 CGL 7309 1 88 ch 71-136

81713 Paraphernalia as evidence of violation of s 81711- All paraphernalia of whatsoever kind in posshysession of any person and used in defraud ing or atshytempting to defraud as specified in s 81711 shall be held and accepted by any court of competent jurisdicshytion in this state as prima facie evidence of guilt

Hlatory- s 3 ch 8466 1921 CGL 7310

81714 Procuring ampHignments of produce upon false representatlons- Any person acting for himself or another who shall procure any consignment of proshyduce grown in this state to himself or such other for sale on commission or for other compensation by any knowingly false representation as to the prevailing marshyket price at such time for such produce at the point to which it is consigned or as to the price which such pershyson for whom he is acting is at said time paying to other consignors for hke produce at said place or as to the condition of the market for such produce at such time and place and any such person acting for another who shall procure any consignment for sale as aforesaid by false representation of authority to him by such other to make a guaranteed price to the consignor shall be guilty of a misdemeanor of the hrst degree punishable as provided 1n s 775082 or s 775 083

Hlsloty-s 1 cn 5141 1903 GS3325 RGS5163 CGL72E6 s 849 cn 71-136

81715 Making false entries etc on books of corshyporation-Any officer agent clerk or servant of a corshyporation who makes a false entry in the books thereof with intent to defraud and any person whose duty it is to make in such books a record or entry of the transfer of stock or of the issuing and canceling of certificates thereof or of the amount of stock issued by such corposhyration who omits to make a true record or entry thereof with intent to defraud shall be guilty of a felony of the third degree punishable as provided 1n s 775082 s 775083 or s 775084

Hlstoty- s 47 eh 1637 1868 RS 2467 GS 3326 AGS 5164 CGl 7267 s 850 ch 71-136

817155 Matters within jurisdiction of Department of State false fictitious or fraudulent acts stateshyments and representations prohibited penalty statshyute of limitations- A person may not in any matter within the jurisd iction of the Department of State knowshyingly and willfully falsify or conceal a material fact make any false fictitious or fraudulent statement or represenshytation or make or use any false document knowing the same to contain any false fictitious or fraudulent stateshyment or entry A person who violates this section is guilty of a misdemeanor of the second degree punishable as provided in s 775082 s 775083 or s 775084 The statute of limitations for prosecution of an act committed in violation of this section is 5 years from the date the act was committed

Hi11oty-$ 52 en 87-99

817 16 False reports etc by officers of banks trust companies etc under supervision of Departshyment of Banking and Finance with intent to defraudshyAny officer director agent or clerk of any bank trust company building and loan association small loan lishycensee credit union or other corporation under the sushypervision of the Department of Banking and Finance who willfully and knowingly subscribes or exhibits any false paper with intent to deceive any person authorized to examine as to the records of such bank trust compashyny building and loan association small loan licensee credit union or other corporation under the supervision of the Department of Banking and Finance or will fully and knowingly subscribes to or makes any false reports to the Department of Banking and Finance or causes to be published any false report shall be guil ty of a felony of the third degree punishable as provided s 775082 or s 775083

History-s 1 ch 15876 1933 COL 1936 Supp 7315(1 ) sa 12 35 ch 69-106 s 851 ch 71-136

81717 Wrongful use of citys name- No person or persons engaged in manufacturing in this state shall cause to be printed stamped marked engraved or branded upon any of the articles manufactured by them or on any of the boxes packages or bands conshytaining such manufactured articles the name of any city in the state other than that in which said articles are manufactured provided that nothing 1n this section shall prohibit any person from offering for sale any goods having marked thereon the name of any c ity in Florida other than that 1n which said goods were manufactured if there be no manufactory of similar goods in the city the

1581


name of which is used HlalOfy-s I ch 4145 1893 GS 3327 RGS 5167 CGL 7270

81718 Wrongful stamping marking etc penalty (1) No person shall knowingly sell or offer for sale

within the state any manufactured articles which shall have printed stamped marked engraved or branded upon them or upon the boxes packages or bands conshytaining said manufactured articles the name of any city in the state other than that in which such articles were manufactured provided that nothing in this section shall prohibit any person from offering for sale any goods having marked thereon the name of any city in Florida other than that in which said goods are manushyfactured if there be no manufactory of similar goods in the city the name of which is used

(2) Any person violating the provisions of this or the preceding section shall be guilty of a misdemeanor of the second degree punishable as provided in s 775083

HlalOf- s 2 ch 4145 1893 GS3328 RGS5168 CGL 7271 s 852 ch 71 - 136

81719 Fraudulent l11ue of certificate of stock of corporation- Any officer agent clerk or servant of a corporation or any other person who fraudulently isshysues or transfers a certificate of stock of a corporation to any person not entitled thereto or fraudulently signs such certificate in blank or otherwise with the intent that it shall be so issued or transferred by himself or any other person shall be guilty of a felony of the third deshygree punishable as provided in s 775082 s 775083 or s 775084

HialOfy-s S ch 1637 1868 RS 2408 GS 3329 RGS 5169 CGt 7272 s 853 ch 7 ~ -136

81720 Issuing stock or obligation of corporation beyond authorized amount-Any officer agent clerk or servant of a corporation or any other person who isshysues or signs with intent to issue any certificate of stock in a corporation or who issues signs or endorses with intent to issue any bond note bill or other obligashytion or security in the name of such corporation beyond the amount authorized by law or limited by the legal votes of such corporation or its proper officers or negotishyates transfers or disposes of such certificate with inshytent to defraud shall be guilty of a felony of the third deshygree punishable as provided In s 775082 s 775083 or s 775084

Hlatory-s 45 ch 1637 1868 RS 2469 GS 3330 RGS 5170 CGL7273 s 854 Ch 71 - 136

81721 Books to be evidence In such ceses-On the trial of any person under ss 817 19 and 817 20 the books of any corporation to which such person has acshycess or the right of access shall be admissible in evishydence

Hiatory-s 8 ch 1637 1868 RS 2470 GS 3331 RGS 5171 CGt 7274

81722 Making false Invoice to defraud insurer- lf the owner of a ship or vessel or of property laden or preshytended to be laden on board the same or if any other person concerned in the lading or fitting out of a ship or vessel makes out or exh1b1ts or causes to be made out or exhibited a false or fraudulent invoice bill of lading bill or parcels or other false estimates of any goods or

property laden or pretended to be laden on board such ship or vessel with intent to injure and defraud an insurshyer of such ship vessel or property or of any part thereof he shall be guilty of a felony of the second degree punshyishable as provided in s 775082 s 775083 or s 775084

Hinwy-s n ch 1637 1868 AS 2471 GS 3332 RGS 5172 CGt 7275 $ 7 ch 22858 1945 s 855 ch 71-136

81723 Making false 1tfid1vlt to defraud insurershyIf a master other officer or mariner of a ship or vessel makes or causes to be made or swears to any false affishydavit or protest or if an owner or other person conshycerned in such ship or vessel or in the goods and propershyty laden on board the same procures any such false affishydavits or protest to be made or exhibits the same with Intent to injure deceive or defraud an insurer of such ship or vessel or of any goods or property laden on board the same he shall be guilty of a felony of the third degree punishable as provided in s 775082 s 775083 or s 775084

Hletory-a 73 ch 1637 1868 AS 2472 GS 3333 RGS 5173 CGL 7276 s 856 ch 71-136

817233 Burning to defraud the insurer- Any pershyson who willfully and with intent to injure or defraud the insurer sets fire to or burns or attempts so to do or who causes to be burned or who aids counsels or procures the burning of any building structure or personal propershyty of whatsoever class or character whether the propershyty of himself or of another which shall at the lime be inshysured by any person against loss or damage by fire shall be guilty of a felony of the third degree punishable as provided in s 775082 s 775 083 or s 775084

Hi8toty-s I cti 15002 1931 CGl 1936Supp no8(12) S 791 cl 71-136 S 65 ch 7bull-383

Note-Formef s 80606

817234 False end fraudulent Insurance claimsshy(1)(a) Any person who with the intent to injure deshy

fraud or deceive any insurance company including but not limited to any statutorily created underwriting assoshyciation or pool of insurers or any motor vehicle life disshyability credit life credit casualty surety workers comshypensation title premium finance reinsurance fraternal benefi t or home or automobile warranty company

1 Presents or causes to be presented any written or oral statement as part of or In support of a claim for payment or other benefit pursuant to an insurance polishycy knowing that such statement contains any false inshycomplete or misleading information concerning any fact or thing material to such claim or

2 Prepares or makes any written or oral statement that is intended to be presented to any insurance comshypany in connection with or in support of any claim for payment or other benefit pursuant to an insurance polishycy knowing that such statement contains any false inshycomplete or misleading Information concerning any fact or thing material to such claim

is guilty of a felony of the third degree punishable as provided 1n s 775082 s 775083 or s 775084

(b) All claims forms shall contain a statement in a form approved by the Department of Insurance that clearly states in substance the following Any person who knowingly and with intent to injure defraud or de-

1582

FS 1987 FRAUDULENT PRACTICES Ch817

ce1ve any insurance company files a statement of claim containing any false incomplete or m1slead1ng informashytion 1s guilty of a felony of the third degree

(2) Any physician licensed under chapter 458 osshyteopath licensed under chapter 459 chiropractor lishycensed under chapter 460 or other practitioner licensed under the laws of this state who knowingly and will fully assists conspires with or urges any insured party to fraudulently violate any of the provisions of this section or part XI of chapter 627 or any person who due to such assistance conspiracy or urging by said physician osshyteopath chiropractor or practitioner knowingly and willshyfully benefits from the proceeds derived from the use of such fraud 1s guilty of a felony of the third degree punshyishable as provided in s 775082 s 775 083 or s 775 084 In the event that a physician osteopath chiroshypractor or practitioner is adjudicated guilty of a violation of this section the Board of Medical Examiners as set forth in chapter 458 the Board of Osteopathic Medical Examiners as set forth in chapter 459 the Board of Chishyropractic as set forth in chapter 460 or other appropriate licensing authority shall hold an administrative hearing to consider the imposi tion of administrative sanctions as provided by law against said physician osteopath chishyropractor or practitioner

(3) Any attorney who knowingly and willfully assists conspires with or urges any claimant to fraudulently vioshylate any of the provisions of this section or part XI of chapter 627 or any person who due to such assistance conspiracy or urging on such attorneys part knowingly and willfully benefits from the proceeds derived from the use of such fraud is guilty of a felony of the third degree punishable as provided in s 775082 s 775083 or s 775084

(4) No person or governmental unit licensed under chapter 395 to maintain or operate a hospital and no adshyministrator or employee of any such hospital shall knowshyingly and willfully allow the use of the fac11tties of said hospital by an insured party in a scheme or conspiracy to fraudulently violate any of the prov1s1ons of this secshytion or part XI of chapter 627 Any hospital administrator or employee who violates this subsection 1s guilty of a felony of the third degree punishable as provided in s 775082 s 775083 or s 775084 Any adjudication of guilt for a violation of this subsection or the use of busimiddot ness practices demonstrating a pattern Indicating that the spirit of the law set forth in this section or part XI of chapter 627 is not being followed shall be grounds for suspension or revocation of the license to operate the hospital or the imposition of an administrative penalty of up to $5000 by the licensing agency as set forth in chapter 395

(5) Any insurance company damaged as a result of a violation of any provision of this section when there has been a criminal adjudication of guilt shall have a cause of action to recover compensatory damages plus all reasonable investigation and litigation expenses includshying attorneys fees at the trial and appellate courts

(6) For the purposes of this section statement inmiddot eludes but is not limited to any notice statement proof of loss bill of lading invoice account estimate of propshyerty damages bill for services diagnosis prescription

hospital or doctor records X ray test result or other evishydence of loss in1ury or expense

(7) The prov1s1ons of this section shall also apply as to any insurer or adjusting firm or its agents or representshyatives who with intent injure defraud or deceive any claimant with regard to any claim The claimant shall have the right to recover the damages provided in this section

(8) It is unlawful for any person in his individual cashypacity or in his capacity as a public or private employee or for any firm corporation partnership or association to solicit any business in or about city receiving hospishytals city and county receiving hospitals county hospimiddot tals 1ustice courts or municipal courts in any public inshystitution in any public place upon any pubhc street or highway 1n or about private hospitals sanitariums or any private institution or upon private property of any character whatsoever for the purpose of making motor vehicle tort claims or claims for personal injury protecshytion benefits required bys 627736 Any person who viomiddot lates the provisions of this subsection is guilty of a felony o f the third degree punishable as provided in s 775082 s 775083 or s 775084

(9) It is unlawful for any attorney to solicit any busishyness relating to the representation of persons injured in a motor vehicle accident for the purpose of filing a motor vehicle tort claim or a claim for personal injury protection benefits required bys 627736 Any attorney who vioshylates the provisions of this subsection is guilty of a felony of the third degree punishable as provided in s 775082 s 775083 or s 775084 Whenever any circuit or special grievance committee acting under the jurismiddot d iction of the Supreme Court finds probable cause to believe that an attorney is guilty of a violation of this secmiddot lion such committee shall forward to the appropriate state attorney a copy of the finding of probable cause and the report being filed in the matter This section shall not be interpreted to prohibit advertising by attormiddot neys which is permitted by the Code of Professional Remiddot sponsib1hty as promulgated by the Florida Supreme Court

Hitory- t 7 ch 76-266 s 36 ch n-468 s 3 ch 78-258 I 1 ch 7981 S 487 ch 81- 259 1 9 en 83- 28

Note -Formor 1 627 7375

817235 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 serial number or other mark of identification placed on any item of personal property by the manufacturer or owner thereof is guilty of a misdemeanor of the first deshygree punishable as provided ins 775 082 ors 775083

(2) Any person who possesses any item of personal property with the knowledge that the serial number or other mark of identification placed thereon by the manushyfacturer or owner thereof has been removed erased deshyfaced or otherwise altered with intent to prevent identifimiddot cation by the true owner is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083

HillOfY -1 I ell 74-6

1583


81724 Unlawful to add or alter or deface existing brand-11 1s unlawful for anyone to add to or alter or deshyface any existing brand on any animal not his own or without the consent of the owner with a fraudulent inshytent to claim the same any bar letter figure or characshyter of any kind Any violation of this section shall be a felshyony of the third degree punishable as provided in s 775 082 s 775083 or s 775084

Hi110ry-ss I 3 Ch 4734 1899 GS 333 RGS 5174 CGl 7ZT7 s 857 ch 71-136

81725 Fraudulently marking or branding-Whoevshyer shall fraudulently mark or brand any unmarked or unshybranded animal with the intent to claim the same or to prevent identification by the true owner or owners thereshyof shall be punished as provided ins 81724

Hi11ory- s 4 Ch 4734 1899 GS 3336 AGS 5175 CGL 7278

81726 Fraudulently changing marks on animal-lf any person shall fraudulently alter or change the marks of any animal not his own with intent to claim the same or to prevent identification by the true owner thereof the person so offending shall be guilty of a felony of the third degree punishable as provided in s 775082 s 775083 or s 775084

Hi1tory- s 1 oh 5663 1907 AGS 5176 CGL 7279 s 858 ch 71-136

81727 Cutting off ears or head of animal before same is dressed-No person shall cut the ears or head off of any hogs sheep beef or other domestic animal until the same has been dressed Any person violating the provisions of this section shall be guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775 083

thtory-ss 1 2 e11 5151 1903 GS 3336 AGS 51n CGL 7280 s 859 ch 71-136

81728 Fraudulent obtaining of property by gamjng -Whoever by the game of three-card monte soshycalled or any other game device sleight-of-hand preshytensions to fortunetelling or other means whatever by the use of cards or other implement or implements fraudulently obtains from another person property of any description shall be punished as if he had been convictshyed of larceny

Hl1tory- s 53 ch 1637 1868 RS 2473 GS 3343 AGS 5186 CGL 7289

81729 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 in s 775082 s 775083 ors 775084

History- s 54 ch 1637 1868 RS 2475 GS 3344 RGS 5187 CGL 7290 s 800 ch 71 - 136

81730 Punishment for unlawful use of badge of certain orders and organlzatlons- Any person who willfully wears the badge or button of the Grand Army of the Republic the insignia badge or rosette of the Milishytary Order of the Loyal Legion of the United States or of the Military Order of Foreign Wars of the United States or of the Patrons of Husbandry or the Benevoshylent and Protective Order of Elks of the United States of America or of the Woodmen of the World or of any socishyety order or organ1zat1on of 5 years standing in the state or uses the the same to obtain aid or assistance within this state or willfully uses the name of such soci-

ety order or organization the titles of its officers or its insignia ritual or ceremonies unless entitled to use or wear the same under the constitution and bylaws rules and regulations of such order or of such society order or organization 1s guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

thlOry-$ I ch 6602 1913 RGS 5197 CGl 7300 s 862 Ch 71-136

81731 Unlawful use of insignia of American Leshygion penalty- Any person who willfully wears the badge button or other ins1gnra of the American Legion shall be guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 proshyvided that the provisions of this section shall not apply to any member of the American Legion

Hialoty- S 1 ch 8464 1921 CGL 7301 I 861 ch 71 - 136

817311 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 emshyblem or shall use lhe name of or claim to be a member of any benevolent fraternal social humane or charitashyble organization which organization is entitled to the exshyclusive use of such name and such badge button insigshynia or emblem either in the identical form or in such near resemblance thereto as to be a colorable imitation thereshyof unless such person is entitled so to do under the laws rules and regulations of such organization shall be guilty of a misdemeanor of the first degree punishable as provided m s 775 082 or s 775083

(2) This section shall be cumulahve to any and all laws now in force in the state

Hiatory-s 1 en 25025 1949 s 863 ch 71- 136

81732 Fraudulent operation of coin-operated deshyvices-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 vending machine slot machine combox telephone or other receptacle deshysigned to receive lawful coin of the United Slates in conshynection with the sale use or enjoyment of property or service by means of a slug or any false counterfeited mutilated sweated or foreign coin or by any means method trick or device whatsoever not lawfu lly authorshyized by the owner lessee or licensee of such machine coinbox telephone or receptacle or who shall take obshytain or receive from or In connection with any automatic vending machine slot machine coinbox telephone or other receptacle designed to receive lawful coin of the United States in connection with the sale use or enjoyshyment of property or service any goods wares merchanshydise gas electric current article of value or the use or enjoyment of any telephone or telegraph facilities or sershyvice or of any musical instrument phonograph or other property without depositing m and surrendering to such machine combox telephone or receptacle lawful coin of the United States to the amount required therefor by the owner lessee or licensee of such machine coinbox telephone or receptacle shall be guilty of a misdemeanshyor of the second degree punishable as provided in s 775082 or s 775083

Hilloty-S I ch 12267 1927 CGl 7313 I 86oamp en 71-136 cf -s 849 15 Possession ol llOI ITllChlna unlawfU

1584


81733 Manufacture etc of slugs to be used in coin-operated devices prohibited-Any person who with intent to cheat or defraud the owner lessee licensshyee or other person enlttled to the contents of any autoshymatic vending machine slot machine coinbox telemiddot phone or other receptacle depository or contrivance designed to receive lawful coin of the United States in connection with the sale use or enjoyment of property or service or who knowing that the same is intended for unlawful use shall manufacture for sale or sell or give away any slug device or substance whatsoever inshytended or calculated to be placed or deposited in any such automatic vending machine slot machine coinbox telephone or other such receptacle depository or conshytrivance shall be guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

Hiatory-s 2 ch 12267 1927 CGL 7314 s 865 ch 71-136

81734 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 investment company or exhibit any false paper with the intention of deceiving any person authorized to examine into the affairs of any investment company or shall make utter or publish any false stateshyment of the financial condition of any investment compashyny or the stock bonds or other securities by it offered for sale shall be guilty of a felony of the third degree punishable as provided 1n s 775082 s 775083 or s 775084

History-s 9 ell 6422 1913 RGS 578 CGl 7975 s 866 en 71-136

81735 Sale of cemetery lots or mausoleum space promises-

(1) It shall be unlawful for any person firm or corposhyration to sell offer for sale or advertise for sale cemeshytery lots or mausoleum space upon the guarantee promise representation or inducement to the purchaser that the same may be sold or repurchased at a financial profit

(2) Any violation of this section shall constitute a misdemeanor of the second degree punishable as promiddot vided in s 775082 or s 775083

Hl1tory-S8 I 2 ch 22000 1943 8 76 Ch 24337 1947 s 867 Ch 71-136

817355 Fraudulent creation or possession of adshymission ticket- Any person who counterfeits forges alters or possesses any ticket token or paper demiddot signed for admission to or the rendering of services by any sports amusement concert or other facility offering services to the general public with the intent to defraud such facility is guilty of a misdemeanor of the first demiddot gree punishable as provided in s 775082 s 775083 or s 775084

Hiatory -1 I ch 8A 297

81736 Resale of tickets of common carriers places of amusement etc-

(1) Whoever shall offer for sale or sell any ticket good for passage or accommodations on any common earner in this state or good for admission to any sportmiddot ing exhibition athletic contest theater or any exhibition

where an admission price 1s charged and request or reshyceive a price in excess of $1 above the price charged therefor by the original seller of said ticket shall be guilty of a misdemeanor of the second degree punishable as provided in s 775 082 or s 775083

(2) The provisions of this law shall not apply to travel agencies that have an established place of business in this state which place of business 1s required to pay state county and city occupational license taxes

History-ss 1 la Cll Z2726 195 1 868 en 71middot136

81737 Touting defining providing punishment ejection from racetracks-

(1) Any person who knowingly and designedly by false representation attempts to or does persuade proshycure or cause another person to wager on a horse in a race to be run in this state or elsewhere and upon which money is wagered In this state and who asks or deshymands compensation as a reward for information or purmiddot ported information given In such case is a tout and is guilty of touting

(2) Any person who is a tout or who attempts or conspires to commit touting shall be guilty of a misdemiddot meaner of the second degree punishable as provided in s 775082 or s 775083

(3) Any person who in the commission of touting falsely uses the name of any official of the Florida Divishysion of Pari-mutuel Wagering its inspectors or attaches or of any official of any racetrack association or the names of any owner trainer jockey or other person lishycensed by the Florida D1v1s1on of Pan-mutuel Wagering as the source of any information or purported informamiddot tion shall be guilty of a felony of the third degree punishmiddot able as provided in s 775082 s 775 083 or s 775084

(4) Any person who has been convicted of touting by any court and the record of whose conviction on such charge 1s on file 1n the office of the Florida Division of Pan-mutuel Wagering any court of this state or of the Federal Bureau of Investigation or any person who has been ejected from any racetrack of this or any other state for touting or practices inimical to the public intershyest shall be excluded from all racetracks in this state and if such person returns to a racetrack he shall be guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 Any such person who refuses to leave such track when ordered to do so by inspectors of the Florida Division of Pari - mutuel Washygering or by any peace orfilter or IJy a11 acltrediled attamiddot che of a racetrack or association shall be guilty of a sepmiddot arate offense which shall be a misdemeanor of the secmiddot ond degree punishable as provided in s 775083

Hlstory-ss 14 eh 24344 1947 1 10 eh 26484 1951 s 1 ch 67middot 233 s 2 ch 71middot96 s 869 Ch 71 136

81738 Simulated process-(1) CIRCULATION PROHIBITED-11 is unlawful for

any person firm or corporation to send or deliver or cause to be sent or delivered any letter paper docushyment notice of intent to bring suit or other notice or demiddot mand which simulates a summons complaint writ or other court process or any letter paper or document which simulates the seal of the state or the stationery of any state agency or flcht1ous state agency with intent to lead the rec1pant or sendee to believe that the same

1585


is genuine for the purpose of obtaining any money or thing of value or that a state agency is the sending parmiddot ty The sending of such simulating document shall be prima facie evidence of such intent and it shall be no defense to show that the document bears any statemiddot ment to the contrary nor shall it be a defense to show that the money or thing of value sought to be obtained was to apply as payment on a valid obligation

(2) EVIDENCE OF DELIVERY- ln prosecutions for violation of this section the prosecution may show that the simulating document was deposited in the post ofmiddot fice for mailing or was delivered to any person with intent to be forwarded and such showing shall be sufficient proof of the sending or delivery

(3) VENUE-Any person violating this section may be tried therefor in the county where such simulating document was so deposited or the county where the same was received

(4) EXCEPTION-Nothing in this section shall be construed to prohibit the printing publication or distribumiddot tion of blank forms of genuine summons and other court process

(5) PENALTIES- Any person firm or corporation vimiddot elating this section shall be guilty of a misdemeanor of the second degree punishable as provided ins 775082 or s 775083

Hlstory-ss 1-5 ch 57- 73 s 1 ch 65-336 s 870 ch 71-136

81739 Simulated forms of court or legal process or official seal or stationery publication sale or circushylation unlawful penalty-

(1) Any person firm or corporation who shall print for the purpose of sale or distribution and for use in the state or who shall circulate publish or offer for sale any letter paper document notice of intent to bring suit or other notice or demand which simulates a form of court or legal process or any person who without authority of the state shall print for the purpose of sale or distribumiddot tion for use in the state or who without authority of the state shall circulate publish use or offer for sale any letmiddot ters papers or documents which simulate the seal of the state or the stationery of a state agency or fictitious state agency is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

(2) It shall be no defense that the paper or other inmiddot strument referred to in subsection (1) shall declare that it is not a court or legal process

(3) Nothing in this section shall prevent the printing publication sale or distribution of genuine legal forms for the use of attorneys or clerks of courts

Hibulltory-ss 1-3 ch 57-265 s 2 ch 65-336 s 871 ch 71-136 s 240 ch 77-1 04

817 40 False misleading and deceptive advertisshying and sales definitions- When construing ss 81740 81741 181742-81747 and each and every word phrase or part thereof where the context will permiddot mit

(1) The word or term wholesale or wholesale sale shall extend to and include an at- cost sale belowshycost sale and terms of similar purport and embraces all sales purporting to be made at or below the sellers net delivered cost price or below the average wholesale

cost of the items sold or to be sold but which are in fact made for a price in excess of the average wholesale of like items

(2) The word or term retail means the sale or offermiddot ing for sale of individual items of merchandise to the ultimiddot mate consumer

(3) The term or word retailer means one who acmiddot quires for the purpose of sale keeps for sale offers or exposes for sale or sells individual units of merchandise to the ultimate consumer and not for resale

(4) The term or word merchandise includes goods wares and merchandise as generally understood and in addition thereto services and other things of value

(5) The phrase misleading advertising includes any statements made or disseminated in oral wri tten or printed form or otherwise to or before the public or any portion thereof which are known or through the exermiddot cise of reasonable care or investigation could or might have been ascertained to be untrue or misleading and which are or were so made or disseminated with the inmiddot tent or purpose either directly or indirectly of selling or disposing of real or personal property services of any nature whatever professional or otherwise or to induce the public to enter into any obligation relating to such property or services

(6) The definitions contained ins 101 insofar as the context of this act will permit shall be applicable hereto

Hiatory- s 1 ch 59-301 bullNote-Section 81742 was repealed bys 1 ch 77-304

81741 Misleading advertising prohibited-( 1) It shall be unlawful for any person to make or dismiddot

seminate or cause to be made or disseminated before the general public of the state or any portion thereof any misleading advertisement Such making or dissemimiddot nation of misleading advertising shall constitute and is hereby declared to be fraudulent and unlawful demiddot signed and intended for obtaining money or property unmiddot der false pretenses

(2) It shall be unlawful for any person to advertise in any way or by any medium whatsoever any sale as a wholesale sale below cost sale or terms of similar purport unless the goods wares or merchandise ofmiddot fered for sale thereby are offered by the seller at or bemiddot low his delivered net cost price or below the average wholesale price of such goods wares or merchandise Such advertising of goods wares or merchandise for sale shall constitute and is hereby declared to be fraudumiddot lent and unlawful designed and intended for obtaining money or property under false pretenses

(3) Any retailer using the term or phrase wholesale sale below cost sale or terms of similar purport in connection with the sale of goods wares or merchanmiddot dise at retail shall upon demand by a customer forthmiddot with make available unless the same shall have theretomiddot fore been made available to the Better Business Bumiddot reau the Merchants Division of the Chamber of Commiddot merce or to the state attorneys office for inspection inmiddot voices or shipping charges or true and correct copies thereof of any goods wares or merchandise so offered for sale described or represented indicating the delivmiddot ery net cost to the seller of the particular goods wares or merchandise sold or offered for sale from which the

1586


sellers delivered net cost may be determined The said retailer shall also and at the same time give all reasonmiddot able assistance in determining and ascertaining his net cost price of said goods wares or merchandise The said Better Business Bureau Merchants Division of the Chamber of Commerce or state attorney upon determiddot mining the said delivered net cost shall forthwith issue a certificate evidencing such delivered net cost as deshytermined and deliver the same to the retailer for delivery or exhibition to the customer Unless such certificate shall show a delivered net cost equal to or in excess of the advertised price the retailer shall be presumed to have violated this law

(4) There shall be a rebuttable presumption that the person named in or obtaining the benefits of any misshyleading advertisement or any such sale is responsible for such misleading advertisement or unlawful sale

(5) No retailer shall knowingly and willfully advertise merchandise for sale at a special or wholesale price in any way or by any medium whatsoever if he does not have sufficient quantities of the advertised merchandise to meet the reasonably foreseeable demand unless the fact of limited quantity and the approximate number of items is stated in the advertisement or unless the retailmiddot er provides a means by which the consumer may obtain the advertised item at the advertised price within a reashysonable time or a value equivalent thereto

(6) Any person prevailing in a civil action for violation of this section shall be awarded costs including reasonshyable attorneys fees and may be awarded punitive damshyages in addition to actual damages proven This provishysion is in addition to any other remedies prescribed by law

Hiatory-s 2 ch 59-301 s 1 ch 73-60 s 2 ch 77-304

817411 False information advertising- No pershyson firm or corporation shall knowingly publish dissemishynate circulate or place before the public or cause dimiddot rectly or indirectly to be made published dissemimiddot nated circulated or placed before the public in a newsshypaper magazine or other publication or in the form of a notice circular pamphlet letter or poster or over any radio or television station or in any other way any advershytisement announcement or statement containing any assertion representation or statement that commodishyties mortgages promissory notes securities or other things of value offered for sale are covered by insurance guaranties where such insurance is nonexistent or does not in fact insure against the risks covered

History- s 1 ch 61- 110

817415 Florida Free Gift Advertising Lawshy(1) LEGISLATIVE INTENT-(a) The Legislature of the State of Florida recognizes

that the deceptive misuse of the term bulltree and words of similar meaning and intent in advertising by the unshyscrupulous has resulted in deception of consumers leading them unknowingly to assume contractual obligashytions which were initially concealed by the deception

(b) It is the intent of the Legislature to prevent such deception by requiring disclosure of all contingent conshyditions obligations or considerations in any form in conshynection with the advertising of goods or services using the term free or words of similar meaning and intent

(c) It is not the intent of the Legislature to prohibit the use of gifts in legitimate promotions of trade so long as the advertising of such gifts and promotions makes full disclosure of any requirement for purchase or conshytractual obligations to be assumed in order to qualify for the gift

(2) SHOAT TITLE-This act may be cited as the Florida Free Gift Advertising Law

(3) DEFINITIONS- As used in this act (a) Person includes an individual partnership corshy

poration association or other entity doing business in the state

(b) Free includes the use of terms such as ashywarded prize absolutely without charge free of charge and words or groups of words of similar intent which reasonably lead a person to believe that he may receive or has been selected to receive something of value entirely or in part without a requirement of comshypensation in any form from the recipient

(c) Item means goods services or any tangible or intangible thing of value and the rights therein

(d) Advertisement and advertising includes every form of communication which offers for sale or attempts to induce the creation of obligations in exchange for any item or rights therein

(4) RESTRICTIONS ON USE OF WORD FREEshyAny item or portion of an item unconditionally offered as free shall in fact be free without obligation or requireshyment of consideration in any form when acceptec in writing within the time limit set forth in the advertisement or within a reasonable time if no time limit is so set Howmiddot ever any person so receiving and accepting such offer may be required to pay any necessary transportation or delivery charges directly to the United States Postal Sermiddot vice or other regulated public carrier

(5) TYPE REQUIREMENTS IN ADVERTISEMENTS - Advertising in which items are offered as free with conditions or obligations necessary to acceptance shall include a statement of any such conditions or obligashytions with equal prominence and type size at least half that of the term free and advertising in compliance herewith shall not be considered deceptive

(6) VIOLATIONS- Any violation of this section is declared to be a deceptive trade practice and unlawful

(7) INJUNCTIONS-The Commissioner of Agriculshyture or the Attorney General may bring an action for inshyjunction to prohibit practices in violation of this law and any such injunction shall be issued without bond Such suit may be brought in any circuit court of this state havshying jurisdiction over the party or parties defendant

History-ss 1 2 3 4 5 ch 70-1 64 s l ch 70-439 ss 2 3 4 5 6 ch 72-4

817416 Franchises and distributorships misrepshyresentations-

(1) DEFINITIONS-For the purpose of this section (a) The term person means an individual partnershy

ship corporation association or other entity doing busishyness in Florida

(b) The term franctiise or distributorship means a contract or agreement either expressed or implied whether oral or written between two or more persons

1 Wherein a commercial relationship of definite dumiddot ration or continuing indefinite duration is involved

1587


2 Wherein one party hereinafter called the franchisee 1s granted the right to offer sell and distribmiddot ute goods or services manufactured processed d istribmiddot uted or in the case of services organized and directed by another party

3 Wherein the franchisee as an independent busi-ness constitutes a component of franchisers distribumiddot lion system and

4 Wherein the operation of the franchisee s busimiddot ness franchise is substantially reliant on franchisers for the basic supply of goods

(c) The term middotgoods means any article or thing withmiddot out limitation or any part of such article or thing includshying any article or thing used or consumed by a franchishysee 1n rendering a service established organized d ishyrected or approved by a franchiser

(2) DECLARATIONS-(a) It is unlawful when selling or establishing a franshy

chise or distributorship for any person 1 Intentionally to misrepresent the prospects or

chances for success of a proposed or existing franchise or distributorship

2 Intentionally to misrepresent by failure to dis-close or otherwise the known required total investment for such franchise or distributorship or

3 Intentionally to misrepresent or fail to disclose efmiddot forts to sell or establish more franchises or distributorshysh1ps than is reasonable to expect the market or market area for the particular franchise or distributorship to susshytain

(b) The execution or carrying out of a scheme plan or corporate organization which violates any of the provimiddot sions of this section it knowledge or intent be proved shall be a misdemeanor of the second degree punishmiddot able as provided in ss 775082 and 775083

(3) CIVIL PROVISIONS-Any person who shows in a civil court of law a violation of this section may receive a 1udgment for all moneys invested in such franchise or distributorship Upon such a showing the court may award any person bringing said action reasonable attormiddot neys fees and shall award such person reasonable costs incurred in bringing the action and execution shall thereupon issue

(4) INJUNCTIONS- The Department of Legal Afmiddot fairs or the Department of Legal Affairs and the Departshyment of Agriculture and Consumer Services jointly may sue in behalf of the people of this state for injunctive remiddot lief against franchise or distributorship plans or activities in violation of paragraph (2)(a)

Hlatoiy- ts I 2 2A 3 4 ()I 71-61

817 43 Exemption-The provisions of s 81740 or s 81741 shall not apply to any publisher of a newspashyper magazine or other publication or the owner or opershyator of a radio or television station or any other owner or operator of a media primarily devoted to advertising who publishes broadcasts or otherwise disseminates an advertisement in good faith without knowledge of its false deceptive or misleading character

Hlatoiy- s 4 Ch 59--301 s 178 ch 79-164

81744 Intentional false advertising prohibitedshy(1) WHAT CONSTITUTES INTENTIONAL FALSE ADmiddot

VERTISING-111s unlawful to offer for sale or to issue in-

vitations for offers for the sale of any property real or personal tangible or intangible or any services professhysional 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 remiddot fusal to sell at the price at which it was advertised to be available for purchase shall create a rebuttable preshysumption of an intent to violate this section

(3) EXEMPTION-This section shall not apply to any publisher of a newspaper magazine or other publimiddot cation or the owner or operator of a radio station televimiddot sion station or other advertising media who places bemiddot fore 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

Hlatoiy-s S ch 59-001

81745 Penalty-Any person convicted of violating any of the provisions of s 81741 s 817411 ors 817 44 shall be guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

Hlatory- s 6 ch 59-301 bull 872 ell 71 - 136 s 179 cl 79-164

81747 Insurance advertising exempt-Nothing in ss 81740 81741 81742-81 745 81747 shall be deemed to apply to advertising in connection with sales of insurance which are regulated under the insurance laws of this state

Hlltory- s 9 ell 59-301

817481 Credit cards obtaining goods by use of false expired etc penalty-

(1) It shall be unlawful for any person knowingly to obtain or attempt to obtain credit or to purchase or atshytempt 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 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 revocahon has been givmiddot en to the person to whom issued

(2) It shall be unlawful for any person to avoid or atshytempt 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 mesmiddot sage 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

1588


(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

HlstOty-ss I 2 3 Ch 61-83 bull I Ch 66-2~ bull I Ch 6amp-128 s 873 ch 71 - 136 $ 4 Ch 86-161 cf -di 8 17 I I S111e Cttdol Cd Cnme AcI

817482 Possessing or transferring device for theft of telecommunications service concealment of destishynation 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 817481 or

(b) Sell give transport or otherwise transfer to anmiddot other or offer or advertise to sell give or otherwise transfer any instrument apparatus equipment or demiddot vice described in paragraph (a) or plans or instructions for making or assembling the same under circummiddot stances evincing an intent to use or employ such instrumiddot ment 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 775082 or s 775083

(2) Any person who shall make or possess for purmiddot poses of avoiding or attempting to avoid payment for long distance telecommunication services any electronmiddot ic 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 775082 s 775083 or s 775084

(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 magistrate or inmiddot cident to a lawful arrest and upon the conviction of any person for a violation of any provision of this act or s 817481 such instrument apparatus equipment demiddot vice 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

Hi1t0ty-S 2 ch 6amp-245 I 874 Ch 71-136 I 1 Ch 74-137

ance of telephone numbers or credit numbers or other credit devices with the intent to avoid or to cause anothmiddot er to avoid lawful charges 1s guilty of a misdemeanor of the first degree punishable as provided m s 775082 or s 775083

Hiltory-s 1 Cll 74-138

81749 False reports of commission of crimes penshyaJty-Whoever willfully imparts conveys or causes to be imparted or conveyed to any law enforcement officer false information or reports concerning the alleged commiddot mission of any crime under the laws of this state knowmiddot ing such information or report to be false in that no such crime had actually been committed shall upon convicmiddot tion thereof be guilty of a misdemeanor of the first demiddot gree punishable as provided In s 775082 ors 775083

Hlatory-s ch 59-294 1 875 en 71- 136

81750 Fraudulently obtaining goods services etc from hospital-

(1) Whoever shall willfully and with intent to demiddot fraud obtain or attempt to obtain goods products mermiddot chandise or services from any hospital in this state shall be guilty of a misdemeanor of the second degree punmiddot ishable as provided in s 775082 or s 775083

(2) If any person gives to any hospital in this state a false or fictitious name or a false or fictitious address or assigns to any hospital the proceeds of any insurance contract then knowing that such contract is no longer in force is invalid or 1s void for any reason such action shall be prima facie evidence of the intent of such permiddot son lo defraud such hospital

HlatOty- SS 1 2 ch 61-154 s 876 Ch 71-136 I 166 ch 83-216

81751 Obtaining groceries retail poultry dairy bakery and other retail products intent to defraudshyAny person who shall obtain any items from retail gromiddot cery 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 775082 or s 775083 provided that the provisions of this section shall not apply where there has been an agreement in writing for delay In payments

Hl11ory-s 1 ch 61-206 1 I ch 67-513 s 877 oh 71- 136

81752 Obtaining vehicles with Intent to defraud failing to return hired vehlcle or tampering with mileshyage device of hired vehlcle-

(1) OBTAINING BY TRICK FALSE REPRESENTAmiddot TION ETC-Whoever with intent to defraud the owner or any person lawfully possessing any motor vehicle obmiddot tains the custody of such motor vehicle by trick deceit or fraudulent or willful false representation shall be guilty of a felony of the third degree punishable as provided in s 775082 s 775083 or s 775084

(2) HIRING WITH INTENT TO DEFRAUD-Whoever 817483 Transmission or publication of information with intent to defraud the owner or any person lawfully

regarding schemes devices means or methods for possessing any motor vehic le of the rental thereof hires theft of communication services-Any person who a vehicle from such owner or such owners agents or any transmits or publishes the number or code of an existmiddot person in lawful possession thereof shall upon convicmiddot ing canceled revoked or nonexistent telephone num- tion be deemed guilty of a felony of the third degree ber or credit number or other credit device or method punishable as provided in s 775082 s 775083 or s of numbering or coding which 1s employed in the issumiddot 775084 The absconding without paying or offering to

1589


pay such hire shall be prima facie evidence of such fraudulent intent

(3) FAILURE TO REDELIVER HIRED VEHICLEshyWhoever alter hiring a motor vehicle under an agreemiddot ment to redeliver the same to the person letting such motor vehicle or his agent at the termination of the perimiddot od for which it was let shall without the consent of such person or persons and with intent to defraud abandon or willfully refuse to redeliver such vehicle as agreed shall upon conviction be guilty of a felony of the third degree punishable as provided in s 775082 s n5083 or s 775084

(4) TAMPERING WITH MILEAGE DEVICE- Whoevmiddot er after hiring a motor vehicle from any person or permiddot sons under an agreement to pay for the use of such moshytor vehicle a sum of money determinable either in whole or in part upon the distance such motor vehicle travels during the period for which hired removes attempts to remove tampers with or attempts to tamper with or othmiddot erwise interfere with any odometer or other mechanical device attached to said hired motor vehicle for the purmiddot pose of registering the distance such vehicle travels with the intent to deceive the person or persons letting such vehicle or their lawful agent as to the actual dismiddot lance traveled thereby shall upon conviction be deemed guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083 Any person who shall knowingly aid abet or assist another in violating the provisions of this subsection shall as a principal in the first degree be guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775 083 Any person violating this section may be informed against or 1nd1cted in the county where such odometer or such other mechanical device is remiddot moved or attempted to be removed or tampered with or attempted to be tampered with or otherwise intermiddot fered with or in the county where such persons knowmiddot ingly aid abet or assist another in violating the provimiddot sions of this section or in the county where any part of such motor vehicle upon which is attached such odomemiddot ter or such other mechanical device is removed or atmiddot tempted to be removed

Hl1tory-$ I ch 63- 177 s 878 ch 7 1- 136 s 1 en 74-373 s 8 ch 78-412 s 180 ch 79- 164

81753 False charges for radio and television reshypairs and parts penalty-

( 1) It is unlawful for a person to knowingly charge for any services which are not actually performed in repairmiddot ing a radio or television set or to knowingly charge for any parts which are not actually furnished or to knowmiddot ingly misinform a customer concerning what is wrong with his radio or television set or to knowingly and fraudmiddot ulently substitute parts when such substitut ion has no relation lo the repairing or servicing of the radio or televimiddot sion set

(2) Any person v1otaling the provis10ns of this secmiddot lion shall be deemed guilty of a misdemeanor of the secmiddot ond degree punishable as provided tn s 775082 or s 775083

Hi11ety-s 1 ch 63-J83 1 879 ch 71-136

81754 Obtaining of mortgage mortgage note promissory note etc by false representation- Any

person who with intent to defraud obtains any mortmiddot gage mortgage note promissory note or other instrumiddot ment 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 felomiddot ny of the third degree punishable as provided in s 775082 s 775083 or s 775084

Hiltolty-s 1 ch 63-142 S 880 Ch 71 - 136

81755 Tourist attraction advertisement misleadshying use of the word free-

(1) It shall be unlawful for any person or persons inmiddot eluding corporations operating a tourist attraction event show or similar places of business for profit camiddot tering to the public to use or advertise in connection therewith the words free or free admission or any simimiddot lar 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 detriment

(2) The state attorney for any county in which any vimiddot elation of this act occurs or the Division of Economic Demiddot velopment of the Department of Commerce may enjoin the use of such word or words by temporary and permamiddot nent injunction by applicalion to any court of competent jurisdiction

(3) Violations of this act whether or not enjoined as provided herein shall be puntshable as a misdemeanor of the second degree as provided in s 775082 or s 775083

Hi110ty-s I ch 63-506 IS 17 35 ch flamp-106 I 881 ch 71-136 s 1 ch 73-283middot s 32 ch 73-33ol

817554 Fraudulently offering for sale tour or travshyel-related servicea-

(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 conmiddot junction with the offer of a course of instruction for permiddot sons seeking to become travel agents

(c) A person who is not actively engaged in the busimiddot ness 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 sermiddot vices

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 n5082 or s 775083

(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 edumiddot cational or training courses with the tnlent to defraud

1590


any individual of a fee or other valuable consideration is guilty of a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083

(3) Any person who offers his 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 qualifications to provide such conshysulting services or his ability to provide travel-related services with the intent to defraud such person of a fee or other valuable consideration is guilty of a misdemeanshyor of the second degree punishable as provided in s 775082 or s 775083

(4) Any individual or group which meets the standshyards of organized fraud as defined in 1s 817036 shall be punished as provided in 1s 817036

Hlat0lty- 1 I ch 85-39 _- Sec110lt1 817 036 was repealed by s 2 ch 87-382 SectlOll 1 ch 87-382

compiled as a 817 034 COlltains a consoftdatlOlI ol f0ltmer statutes C0lt1Cerning schemes to delraud and 0ltganlzed lraud bull

817559 Television picture tube labels definitions (1) As used in this section (a) Picture tube means a cathode ray tube comshy

monly known as a television picture tube designed prishymarily for use in a home- type television receiver alone or in combination with any electronic device or applishyance

(b) middotused picture tube means a picture tube which has been sold to and used by a consumer

(c) Used component or material means any part or material salvaged from a used or secondhand picture 1ube

(2) No manufacturer processor or distributor of television picture tubes shall sell offer for sale or exmiddot pose for sale any such tube unless the television picture tube and its container if any are correctly labeled to inshydicate the new and used components and materials of such tube according to the schedule and manner hereinshyafter provided

(3) Description of the picture tube by new and used components and materials shall be indicated by setting forth on the label the particular grade and verbatim deshyscription as selected from the following which applies to such tube

(a) Black and white picture tube-1 Grade AA-Oescription All new components

and materials including new glass envelope 2 Grade A-Oescript ion Used glass envelope all

other components and materials are new 3 Grade 8 -Description Used glass envelope

used phosphorescent viewing screen used aluminizashytion and used internal conductive coating all other comshyponents and materials are new

4 Grade C-Description Used picture tube for re-sale all significant components and materials are used

(b) Color picture tube-1 Grade AA- Description All new components

and materials including new glass envelope 2 Grade A - Description Used glass envelope

and new or used shadow mask all other components and materials are new

3 Grade B-Oescription New electron gun all other components and materials are used

4 Grade C- Description Used picture tube for re-sale all significant components and materials are used

(c) Used picture tube-The fact that a used picture tube has been rejuvenated has a new or used brightmiddot ener attached to it or has fresh paint or coating on the outside or any combination of the above shall not change its status or description as a grade C picture tube and the terms middotrebuilt or reconditioned or words of like import shall not be used to describe such tube

(d) Picture tube seconds-When a picture tube is a second such tube shall be designated by label as a second to the exclusion of any other grade designation or component description and the following additional notation shall appear verbatim on the label This picture tube is a manufacturers reject or second line quality tube but it is capable of giving satisfactory performshyance

(4) Any person who violates the provisions of this section is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

Hiatory- ss l 2 ch 73-239

81756 Misrepresentations of television picture tubes prohibited penalty definitions-

(1 ) As used in this section (a) Tube is an electron receiving tube or cathode

ray tube (commonly known as a picture tube) designed primarily for use in a home-type television or radio reshyceiver phonograph tape recorder or any combination thereof or other home type electronic device or applimiddot ance

(b) Used tube or secondhand tube is a tube which has been sold to and used by a consumer

(c) A middotused component is any part or material salshyvaged from a used or secondhand tube

(d) A tube util1Z1ng used componentsbull is a tube which has not been used as an entity but which in the manufacture thereof has utilized one or more used comshyponents Such a tube shall not be deemed to be a used or secondhand tube within the meaning of that definishytion

(e) A middotreactivated tube is a weak wornout or defecshytive tube which has been temporarily recharged by the administration of a charge of high voltage electric curshyrent to the elements thereof

(f) A reduction is the sale of a tube at a price that is less than the manufacturers list price for that tube

(g) A bullsavings is the sale of a tube at a price that is less than the list price for a tube by the same or another manufacturer when the tubes are identical

(2) No person shall knowingly (a) Distribute or sell offer to distribute or sell exshy

pose for distffbuhon or sale possess with intent to disshytribute or sell or otherwise dispose of for a consideration any reactivated tube secondhand tube or used tube or tube utilizing used components without clearly disshyclosing the true or actual quality or condition of such tube by means of a stamp mark tag notice or label atshytached to such tube and to any carton or container thereof in such manner that ii cannot readily be removed or of such a nature as to remain affixed until removed by a purchaser at retail

1591


(b) Remove deface cover obliterate mutilate almiddot ter or cause to be removed defaced covered obliteratshyed mutilated or altered any notice tag or label from any tube carton or container required under paragraph (a) of this subsection

(c) Install any reactivated tube secondhand tube or used tube or tube utilizing used components without disclosing the true or actual quality or condition of such tube on a written invoice furnished to the customer when installed by a person performing such services or repairs for any consideration Such disclosure in the inshyvoice is required irrespective of the fact that such tube or carton or container therefor contains a notice tag or label disclosing such quali ty or condition

(d) Reactivate or cause to be reactivated any tube for the purpose of deceiving another

(e) Represent a used tube secondhand tube or remiddot activated tube or tube utilizing used components dishyrectly or indirectly to be a new tube or a first quality tube

(f) Make representations directly or indirectly conshycerning a tube by reference to a patent license pursuant to which such tube was manufactured which could misshylead another into the belief that such tube is manufacshytured or sponsored by said patent licensor when such is not the fact

(g) Represent to a retail buyer that a tube is guaranmiddot teed by the use of such word or words of similar import unless a writing disclosing the nature extent and duramiddot tion of the guarantee the identity of the guarantor and the manner in which the guarantor will perform thereunshyder is furnished to such purchaser at the time of purmiddot chase No tube shall be represented as fully guaranteed or unconditionally guaranteed by the use of such word or words of similar import unless the written guarantee furnished to the purchaser is free from any conditions or limitations

(h) Represent that a tube is being sold at a reduction or savings when the alleged reduction or savings is from a fictitious price Without limiting the generality of the foregoing an alleged reduction or savings is from a fictishytious price

1 When the alleged reduction or savings of a reacmiddot tivated tube secondhand tube or used tube is from the manufacturers established list price for his first quality or new tubes

2 When the alleged reduction of a tube utilizing used components is from the manufacturers estabmiddot lished list price for tubes utilizing only new components in the manufacture thereof

3 When the alleged reduction is in fact a savings in that it is from the list price of a manufacturer other than the owner of the brand name appearing on the tube being sold

(3) Nothing in this section applies to any television or sound radio broadcasting station or any publisher or printer of a newspaper magazine or other form of printmiddot ed advertising who broadcasts publishes or prints such advertising

(4) Whoever violates any provision of this section shall be guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136

817 561 Violations may be enjoined-ln 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 jurisdicmiddot tion of courts of equity wi thin their respective judicial cirmiddot cuits to enjoin or obtain other equitable relief against persons violating the provisions of ss 81706 817061 81738-81744 and 81755 The prevailing party shall remiddot ceive court costs and reasonable attorneys fees to be deposited in or paid from the general fund

Hlatory-s 1 ch 71 -233 s 32 ch 73-334

817562 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 inmiddot terest when having executed a security agreement eremiddot ating 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 sells or otherwise disposes of the property and wrongfully and will fully 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 knowingly secretes withholds or disposes of such property in viomiddot lation 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 withmiddot held or disposed of or the proceeds from the sale or dismiddot position of the property is $300 or more such person is guilty of a felony of the third degree punishable as promiddot vided in s 775082 s 775083 or s 775084

(b) If the value of the property sold secreted withmiddot held 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 775082 s 775083 or s 775084

History- s 1 ch 79- 113 s 5 ch 86- 161

817563 Controlled substance named or described in s 89303 sale of substance in lieu thereof-lt is unmiddot lawful for any person to agree consent or in any manner offer to unlawfully sell to any person a controlled submiddot stance named or described in s 89303 and then sell to such person any other substance in lieu of such conmiddot trolled substance Any person who violates this section with respect to

(1) A controlled substance named or described in s 89303(1) (2) (3) or (4) is guilty of a felony of the third degree punishable as provided in s 775082 s 775083 or s 775084

(2) A controlled substance named or described in s 89303(5) is guilty of a misdemeanor of the second deshygree punishable as provided in s 775082 s 775083 or s 775084

Hiatory-s 1 ch 81-53

1592


817564 Imitation controlled substances defined possession and distribution prohibited-

( 1) For the purposes of this section the term imitashytion controlled substancemiddot means a pill capsule tablet or substance in any form whatsoever which is not a conshytrolled substance enumerated in chapter 893 which is subject to abuse and which

(a) By overall dosage unit appearance including colshyor shape size markings and packaging or by represhysentations made would cause the likelihood that such a pill capsule tablet or substance will be mistaken for a controlled substance unless such substance was inshytroduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alshyleged to imitate or

(b) By express or implied representations purports to act like a controlled substance as a stimulant or deshypressant of the central nervous system and which is not commonly used or recognized for use in that particular formulation for any purpose other than for such stimushylant or depressant effect unless marketed promoted or sold as permitted by the United States Food and Drug Administration

(2) In those instances where the appearance of the dosage unit Is not reasonably sufficient to establish that the substance is an imitation controlled substance the court or authority concerned may consider in addition to all other logically relevant factors the following facshytors as related to middotrepresentations made in determining whether the substance is an imitation controlled subshystance

(a) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance or its use or effect

(b) Statements made to the recipient that the subshystance may be resold for inordinate profit

(c) Whether the substance is packaged in a manner normally used for illicit controlled substances

(d) Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities

(e) Prior convictions if any of an owner or anyone in control of the object under state or federal law related to controlled substances or fraud

(f) The proximity of the substances to controlled substances

(3) It is unlawful for any person to manufacture disshytribute sell give or possess with the Intent to manufacshyture distribute sell or g ive an imitation controlled subshystance Any person who violates this subsection is guilty of a felony of the third degree punishable as provided in s 775082 s 775083 or s 775084

(4) It is unlawful for any person 18 years of age or over lo knowingly sell or distribute an imitation conshytrolled substance to a person under the age of 18 years Any person who violates this subsection is guilty of a felshyony of the third degree punishable as provided in s 775082 s 775083 or s 775084

(5) It is unlawful for any person to place in any newsshypaper magazine handbill or other publication or to post or d istribute in any public place any advertisement or soshylicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distri-

bution of imitation controlled substances Any person who violates this subsection 1s guilty of a misdemeanor of the first degree punishable as provided in s 775082 s 775083 ors 775084

(6) No civil or c riminal liability shall be imposed by v irtue of this section on any person operating in accordshyance with the Florida Comprehensive Drug Abuse Preshyvention and Control Act who manufactures dispenses sells gives or d istributes an imitation controlled subshystance for use as a placebo by a licensed practitioner in the course of professional practice or research

Hlatofy-s 1 ch 8S-319

817565 Urine testing fraudulent practices penalmiddot ties-

(1) It is unlawful for any person (a) Willfully to defraud or attempt to defraud any lawshy

fu lly administered urine test designed to detect the presence of chemical substances or controlled subshystances

(b) Willfully to manufacture advertise sell or distribmiddot ute any substance or device which is intended to demiddot fraud or attempt to defraud any lawfully administered u rine 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 775082 or s 775083

Hlatoty-s 9 ch 87-23

81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES

Short title Definitions False statement as to financial condition or

identity Theft obtaining credit card through fraudumiddot

lent means Fraudulent use of credit cards Traffic in counterfeit credit cards Expired or revoked credit cards Fraud by person authorized to provide goods

or services Possession and transfer of cred-

it-card-making equipment Receipt of money etc obtained by traudumiddot

lent use of credit cards Alteration of credit card Invoice penalties Credit card lists prohibited penalty Defenses not available Presumptions Penalties Part II not exclusive Credit card transaction records

81757 Short title-Part II of this chapter shall be known and may be c ited as the 1967 State Credit Card Crime Act

Hi9t0lty-bull 13 ch 67-30

81758 Definitions- As used in ss 817 57-817 685 (1 ) Cardholder means the person or organization

1593


named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer

(2) 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 obshytained and which may or may not be embossed with acshycount information or a company logo

(3) Credit card means any instrument or device whether known as a credit card credit plate bank sershyvice card banking card check guarantee 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 monshyey 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

(4) Expired credit card means a credit card which is no longer valid because the term shown on it has elapsed

(5) Issuer means the business organization or fishynancial institution or its duly authorized agent which isshysues a credit card

(6) Receives or receiving means acquiring posshysession or control or accepting as security for a loan a credit card

(7) 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

(8) middotcredit-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

(9) Traffic means to sell transfer distribute disshypense or otherwise dispose of a property or to buy reshyceive possess obtain control of or use property with the intent to sell transfer distribute dispense or othershywise dispose of such property

Hiatory-s 1 ch 67-340 ss 2 10 ch 84-297 s 1 ch 85-43

81759 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 identity or that of any other person firm or corporation or his financial condition or that of any other person firm or corporashytion for the purpose of procuring the issuance of a credit card violates this section and is subject to the penalties set forth ins 81767(1)

Hlatory-s 2 ch 67-340

sent includes obtaining it by conduct defined or known as statutory larceny common-law larceny by trespasshysory taking common-law larceny by trick or embezzlemiddot ment or obtaining property by false pretense false promise or extortion

(2) THEFT OF CREDIT CARD LOST MISLAID OR DELIVERED BY MISTAKE-A person who receives a credit card that he knows to have been lost mislaid or delivered under a mistake as to the identity or address of the cardholder and who retains possession with intent to use it to sell it or to transfer it to a person other than the issuer or the cardholder is guilty of credit card theft and is subject to the penalties set forth ins 81767(1)

(3) PURCHASE OR SALE OF CREDIT CARD OF ANshyOTHER-A person other than the issuer who sells a credit card or a person who buys a credit card from a person other than the issuer violates this subsection and is subject to the penalties set forth ins 81767(1)

(4) OBTAINING CONTROL OF CREDIT CARD AS SECURITY FOR DEBT-A person who with intent to defraud the issuer a person or organization providing money goods services or anything else of value or any other person obtains control over a credit card as securshyity for a debt violates this subsection and is subject to the penalties set forth ins 81767(1)

(5) DEALING IN CREDIT CARDS OF ANOTHER-A person other than the issuer who during any 12-month period receives two or more credit cards issued in the name or names of different cardholders which cards he has reason to know were taken or retained under cirshycumstances which constitute credit card theft or a violashytion of this part violates this subsection and is subject to the penalties set forth ins 81767(2)

(6) FORGERY OF CREDIT CARD-(a) A person who with intent to defraud a purported

issuer or a person or organization providing money goods services or anything else of value or any other person falsely makes falsely embosses or falsely alters in any manner a credit card or utters such a credit card or who with intent to defraud has a counterfeit credit card or any invoice voucher sales draft or other represhysentation or manifestation of a counterfeit credit card in his possession custody or control is guilty of credit card forgery and is subject to the penalties set forth in s 817 67(2)

(b) A person other than an authorized manufacturer or issuer who possesses two or more counterfeit credit cards is presumed to have violated this subsection

(c) A person falsely makes a credit card when he makes or draws in whole or in part a device or instrushyment which purports to be the credit card of a named issuer but which is not such a credit card because the

81760 Theft obtaining credit card through fraudu- issuer did not authorize the making or drawing or when lent means- he alters a credit card which was validly issued

(1) THEFT BY TAKING OR RETAINING POSSES- (d) A person falsely embosses a credit card when SION OF CARD TAKEN-A person who takes a credit without the authorization of the named issuer he comshycard from the person possession custody or control of pletes a credit card by adding any of the matter other another without the cardholders consent or who with than the signature of the cardholder which an issuer reshyknowledge that it has been so taken receives the credit quires to appear on the credit card before it can be used card with intent to use it to sell it or to transfer it to a by a cardholder person other than the issuer or the cardholder is guilty (7) SIGNING CREDIT CARD OF ANOTHER-A pershyof credit card theft and is subject to the penalties set son other than the cardholder or a person authorized by forth ins 81767(1) Taking a credit card without oon- him who with intent to defraud the issuer or a person

1594


or organization providing money goods services or anything else of value or any other person signs a credit card violates this subsection and is subject to the penalshyties set forth 1n s 81767(1)

Hiatory- s 3 ch 67-31() bull 3 ch 84-297 bull 2 ch agtlt s 69 ch 85-62

81761 Fraudulent use of credit cards-A person who with intent to defraud the issuer or a person or orshyganizallon providing money goods services or anyshything else of value or any other person uses for the purmiddot pose of obtaining money goods services or anything else of value a credit card obtained or retained in violamiddot lion of this part or a credit card which he knows is forged or who obtains money goods services or anyshything else of value by representing without the consent of the cardholder that he is the holder of a specified card or by representing that he is the holder of a card and such card has not in fact been issued violates this subsection 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 81767(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 81767(2)

HiatotY- S ch 67-JolO a ch 84- 297 e 3 ch agtlt

817611 Traffic In counterfeit credit cards-Any person who traffics 1n or attempts lo traffic in 10 or more counterfeit credit cards invoices vouchers sales drafts or other representations or manifestations of counterfeit credit cards or credit card account numbers of another in any 6-monlh period is guilty of a felony of the second degree punishable as provided in s 775082 s 775083 or s 775084

Hiatory- s 4 ch 85-43

817612 Expired or revoked credit cards-A pershyson who with intent to defraud the issuer or a person or organization providing money goods services or anything else of value uses tor the purpose of obtaining money goods services or anything else of value a credit card which he knows is expired or revoked vioshylates this section and Is subject to the penalties set forth in s 81767(1) Knowledge of revocation shall be premiddot sumed to have been received by a cardholder 7 days afmiddot ter such notice has been mailed to him by first-class mail at the last known address

Hlatory-bull 5 ch 85-43

817 62 Fraud by person authorized to provide goods or services-

(1) ILLEGALLY OBTAINED OR ILLEGALLY POSmiddot SESSED CREDIT CARD FORGED REVOKED OR EXmiddot PIRED CREDIT CARO-A person who is authorized by an issuer to furnish money goods services or anything else of value upon presentation of a credit card by the cardholder or any agent or employee of such person who with intent to defraud the issuer or the cardholder furnishes money goods services or anything else of

value upon presentation of a credit card obtained or reshytained in violation of this part or a credit card which he knows 1s forged expired or revoked violates this subshysection and is subject to the penalties set forth in s 81767(1) if the value of all money goods services and other things of value furnished in v1olat1on of this subsecshytion does not exceed $300 1n any 6-month period The violator 1s sub1ect to the penalties set forth in s 81767(2) if such value does exceed $300 in any 6-month period

(2) MISREPRESENTATION TO ISSUER-A person who is authorized by an issuer to furnish money goods services or anything else of value upon presentation of a credit card by the cardholder or any agent or employshyee of such person who with intent to defraud the issuer or the cardholder fails to furnish money goods sermiddot vices or anything else of value which he represents in writing to the issuer that he has furnished violates this subsection and is subject to the penalties set forth in s 81767(2)

Hlatory-s 5 ch 67-340 a 5 ch 64-297 e 6 ch 86- 161

817631 Possession and transfer of credit-cardshymaking equipment- A person who receives possessshyes 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 credmiddot it cards violates this section and is subject to the penalmiddot ties set forth in s 817 67(2)

History-1 6 ch 85-3

81764 Receipt of money etc obtained by fraudumiddot lent use of credit cards-A person who receives monshyey 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 1s subject to the penalties set forth in s 81767(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 81761 without reasonable inshyquiry to ascertain that the person from whom it was obmiddot tained had a legal right to possess it shall be presumed to know that such ticket was acquired under circummiddot stances constituting a violation of s 81761

Hi1tory- s 7 oh 67-340

817 645 Alteration of credit card invoice penalties - Whoever with intent to defraud any person falsely almiddot ters 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 violates this section and is subject to the penalshyties set forth ins 81767(1)

Hiatory- s I ch 72-127

817646 Credit card lists prohibited penalty-(1) It is unlawful for any person business corporamiddot

l ion partnership or other agency to make available lend donate or sell any list or portion of a list of any credit card subscribers and their addresses and acshycount numbers to any third party without the express written permission of the issuer and the subscribers exshycept that a credit card issuer may make a list of its cardshyholders including names addresses and account num-

1595


bers available without the permission of the subscribshyers to a third party pursuant to a contract if such conshytract contains language reqwnng the third party to bind through contract each of its subcontractors by including language proh1b1ting the divulging of any part of the list for any purpose by the subcontractors except to fulfill and service orders pursuant to the contract between the credit card issuer and the authorized third party Howevshyer notwrthstandrng any contrary provision of this secshytion a middotconsumer reporting agency as that term is deshyfined by the Farr Credit Reporting Act Pub L No 91-508 may provide hsts of credit account names addressshyes and account numbers to third parties pursuant to the provrsrons of that act Nothing herein shall make unlawshyful or otherwise prohibit the transmittal of any such inforshymation to or from a middotconsumer reporting agency as that term is defined In the Fair Credit Reporting Act or a debt collector as that term is defined in the Fair Debt Collection Practices Act Pub L No 95- 109 Notwithshystanding the provisions of this section it is lawful for any corporation to make available lend donate or sell any list or portion of a list of any credit card subscribers and their addresses and account numbers to a subsidiary or the parent corporation of such corporation or to another subsidiary of the common parent corporation

(2) A violator of this sectron is subject to the penalshyties set forth rn s 817 67(1)

Hiatory- s 6 en 8A -297 1 70 ell ~62

81765 Defenses not available-lt shall not constishytute a defense to a prosecution for any violation of this part thatmiddot

( 1) A credit card that rs not a counterfeit credit card is offered for use or sale as a counterfeit credit card

(2) A person other than the defendant who violated thrs part has not been convicted apprehended or idenshyhtied

HillOty-S 8 Cl1 67-340 I 7 ell ~

81766 Presumptions-When this part establishes a presumption with respect to any fact which is an eleshyment of a crime it has the following consequences

(1) When there is sufficient evidence of the facts which give rise to the presumption to go to the jury the issue of the existence of the presumed fact must be submitted to the jury unless the court is satisfied that the evidence as a whole clearly negatives the presumed fact and

775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136

81768 Part II not excluaive-This part II shall not be construed to preclude the applicability of any other provision of the criminal law of this state which presently applies or may in the future apply to any transaction which violates this part unless such provision is inconshysistent with the terms of this part

HiStOty-S 11 ch 67-340

817685 Credit card transaction records-ln any action brought under this part the authentication or identification of the business records of a credit card isshysuer is evidence sufficient to support a finding that the record in question 1s what its proponent claims if the records are supported by the testimony of a designated representative of the credit card issuer Such designatshyed representative who has received the business recshyords from the custodian of such records shall be considshyered a qualified witness within the meaning of s 90803(6)(a)

History-amp 8 Ch 85-43

8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill

CREDIT SERVICE ORGANIZATIONS

Definitions Prohibited acts Surety bonds exemption Statement to buyer Information statement Prov1s1ons of contract Waivers burden of proof penalties Actions for damages

8177001 Definitiona- As used in this part (1) Buyer means any individual who is solicited to

purchase or who purchases the services of a credit sershyvice organization

(2)(a) middotcredit service organizationmiddot means any pershyson who with respect to the extension of credit by othshyers sells provides performs or represents that he or she can or will sell provide or perform In return for the payment of money or other valuable consideration any of the following services

1 Improving a buyers credit record history or rat-ing

2 Obtaining an extension of credit for a buyer or 3 Providing advice or assistance to a buyer with reshy

gard to the services described In either subparagraph 1 or subparagraph 2

(b) middotcredit service organizationmiddot does not include 1 Any person authorized to make loans or extenshy

sions of credit under the laws of this state or the United 81767 Penalties- States who is subiect to regulation and supervision by ( 1) A person who 1s sub1ect to the penalties of this this state or the United States or a lender approved by

subsection shall be guilty of a misdemeanor of the first the United States Secretary of Housing and Urban De-

(2) When the issue of the existence of the presumed fact is submitted to the jury the court shall charge that while the presumed fact must on all the evidence be proved beyond a reasonable doubt the law declares that the jury may regard the facts giving rise to the preshysumption as sufficient evidence of the presumed fact

HistOty -s 9 clI 67-340

degree punishable as provided in s 775082 or s velopment for participation in any mortgage insurance 775083 program under the National Housing Act

(2) A person who 1s sub1ect to the penalties of this 2 Any bank savings bank or savings and loan as-subsection shall be guilty of a felony of the third degree sociation whose deposits or accounts are eligible for in-punishable as provided rn s 775082 s 775083 or s surance by the Federal Deposit Insurance Corporation

1596


or the Federal Savings and Loan Insurance Corporation or a subsidiary of such bank savings bank or savings and loan association

3 Any credit union federal credit union or out- ofshystate credit union doing business in this state

4 Any nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code

5 Any person licensed as a real estate broker by this state if the person is acting within the course and scope of that license

6 Any person collecting consumer claims pursuant to s 55972

7 Any person licensed to practice law in this state if the person renders services within the course and scope of his or her practice as an attorney and does not engage in the credit service business on a regular and continuing basis

8 Any broker- dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission if the broker- dealer is acting within the course and scope of that regulation or

9 Any consumer reporting agency as defined in the Federal Fair Credit Reporting Act 15 USC ss 1681 through 1681 t

(3) Extension of credi t means the right to defer payment of debt or to incur debt and defer its payment offered or granted primarily for personal family or household purposes

Hiltory-s 1 ell 87-204

8177005 Prohibited acts- A credit service organimiddot zation its salespersons agents and representatives and independent contractors who sell or attempt to sell the services of a credit service organization shall not do any of the following

(1) Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit service organization has agreed to perform for the buyer unless the credit service orgashynization has obtained a surety bond of $10000 issued by a surety company admitted to do business in this state and has established a trust account at a federally insured bank or savings and loan association located in this state however where a credit service organization has obtained a surety bond and established a trust acmiddot count as provided herein the credit service organization may charge or receive money or other valuable considermiddot ation prior to full and complete performance of the sermiddot vices it has agreed to perform for the buyer but shall deshyposit all money or other valuable consideration received in its trust account until the full and complete performshyance of the services it has agreed to perform for the buyshyer

(2) Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller or to any other credit grantor who will or may exshytend credit to the buyer if the credit that is or will be exshytended to the buyer is upon substantially the same terms as those available to the general public

(3) Make or counsel or advise any buyer to make any statement that is false or misleading or that should be known by the exercise of reasonable care to be false or misleading or omit any material fact to a consumer

reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit with respect to a buyers credit wormiddot thiness credit standing or credit capacity or

(4) Make or use any false or misleading representamiddot lions or omit any material fact in the offer or sale of the services of a credit service organization or engage dimiddot rectly or indirectly in any act practice or course of busimiddot ness that operates or would operate as fraud or decepshytion upon any person in connection with the offer or sale of the services of a credit service organization notwithmiddot standing the absence of reliance by the buyer

Hlstoy- s 1 ell 81-204

817701 Surety bonds exemption-The requiremiddot ment to obtain a surety bond and establish a trust acshycount as provided ins 8177005(1) shall be waived for any salesperson agent or representative of a credit sermiddot vice organization where the credit service organization obtains such surety bond and establishes such trust acmiddot count

Hlstory- s 1 ch 87-204

817702 Statement to buyer- Upon execution of the contract as provided ins 817704 or agreement beshytween the buyer and a credit service organization and before the receipt by the credit service organization of any money or other valuable consideration whichever occurs first the credit service organization shall provide the buyer with a statement in writing containing all the information required bys 817703 The credit service ormiddot ganization shall maintain on file for a period of 5 years an exact copy of the statement personally signed by the buyer acknowledging receipt of a copy of the statemiddot ment

History- s 1 ell 87-204

817703 Information statement- The information statement required under s 817702 shall include all of the following

(1 )(a) A complete and accurate statement of the buyers right to review any file on the buyer maintained by any consumer reporting agency as provided under the Federal Fair Credit Reporting Act 15 USC ss 1681 through 1681 t

(b) A statement that the buyer may review his or her consumer reporting agency file at no charge if a request is made to the consumer reporting agency within 30 days after receiving notice that credit has been denied and

(c) The approximate price the buyer will be charged by the consumer reporting agency to review his or her consumer reporting agency file

(2) A complete and accurate statement of the buymiddot ers right to dispute directly with a consumer reporting agency the completeness or accuracy of any item conshytained in any file on the buyer maintained by the conshysumer reporting agency

(3) A statement that accurate information cannot be permanently removed from the file of a consumer reportmiddot ing agency

(4) A complete and detailed description of the sershyvice to be performed by the credit service organization

1597


for the buyer and the total amount the buyer will have to pay or become obligated to pay for the services

(5) A statement notifying the buyer of his right to proceed against the bond or trust account required unshyder s 8177005

(6) The name and address of the surety company which issued the bond or the name and address of the depository and the trustee and the account number of the trust account

HiltOfY- S 1 ch 87-204

817704 Provisions of contracl -(1) Each contract between the buyer and a credit

service organization for the purchase of the services of the credit service organization shall be in writing dated signed by the buyer and shall include all of the followshying

(a) A conspicuous statement in boldfaced type in immediate proximity to the space reserved for the signashyture of the buyer as follows You the buyer may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction See the attached notice of cancellation form for an explanation of this right

(b) The terms and conditions of payment including the total of all payments to be made by the buyer specimiddot lying the amount of the payments to be made to the credit service organization or to some other person

(c) A full and detailed description of the services to be performed by the credit service organization for the buyer including all guarantees and all promises of full or partial refunds and the estimated date by which the services are to be performed or the estimated length of time for performing the services and

(d) The credit service organizations principal busishyness address and the name and address of its agent in the state authorized to receive service of process

(2) The contract shall be accompanied by a comshypleted form in duplicate captioned Notice of Cancellashytion that shall be attached to the contract be easily deshytachable and contain in boldfaced type the following statement written in the same language used in the conshytract

NOTICE OF CANCELLATION

You may cancel this contract without any penalty or obligation within 5 days from the date the contract is signed

If you cancel any payment made by you under this contract it will be returned within 10 days following remiddot

ceipt by the credit service organization of your cancellamiddot lion notice

To cancel this contract mail or deliver a signed dated copy of this cancellation notice or any other written nomiddot lice to

name of credit S1MCe OQtNllOOl at (address of Cftd1I ffMCO Q(QIDZahonl

ltDlace of OOJtOCssgt not later than midnight ~-

I hereby cancel this transaction lllllLmiddot (QJclaSCfS SQgtlllllO) bull

The credit service organization shall give to the buyer a copy of the completed contract and all other documents the credit service organization requires the buyer to sign at the time they are signed

Hl1toty-1 1 Ch 87-204

817705 Waivers burden of proof penalties-(1) Any waiver by a buyer of any part of this part is

void Any attempt by a credit service organization to have a buyer waive rights given by this part ls a violation of this part

(2) In any proceeding involving this part the burden of proving an exemption or an exception from a definimiddot lion is upon the person claiming it

(3) Any person who violates this part is guilty of a felmiddot ony of the third degree punishable as provided in s 775082 s 775083 or s 775084

(4) This section does not prohibit the enforcement by any person of any right provided by this or any other law

HlltOfY-1 1 ch 87-204

817706 Actions for damages-(1) Any buyer injured by a violation of this part may

bring an action for recovery of damages Judgment shall be entered for actual damages but in no case less than the amount paid by the buyer to the credit service orgashynization plus reasonable attorneys fees and costs An award may also be entered for punitive damages

(2) Any buyer injured by a violation of this part may bring an action against the surety bond or trust account of the credit service organization

(3) The remedies provided under this part are in admiddot dition to any other procedures or remedies for any violamiddot lion or conduct provided for in any other law

Hlstory- s I ch 87- 204

1598


81749

81750

81751

81752

81753

81754

81755

817 554

817559 81756

817561 817562 817563

817564

817565

False reports of commission of crimes penalshyty

Fraudulently obtaining goods services etc from hospital

Obtaining groceries retail poultry dairy bakmiddot ery and other retail products intent to demiddot fraud

Obtaining vehicles with intent to defraud failmiddot ing to return hired vehicle or tampering with mileage device of hired vehicle

False charges for radio and television repairs and parts penalty

Obtaining of mortgage mortgage note prommiddot issory note etc by false representation

Tourist attraction advertisement misleading use of the word free

Fraudulently offering for sale tour or travmiddot el- related services

Television picture tube labels definitions Misrepresentations of television picture tubes

prohibited penalty definitions Violations may be enjoined Fraud involving a security interest Controlled substance named or described in

s 89303 sale of substance in lieu thereof Imitation controlled substances defined posmiddot

session and distribution prohibited Urine testing fraudulent practices penalties

81702 Obtaining property by false personationshyWhoever falsely personates or represents another and in such assumed character receives any property inmiddot tended to be delivered to the party so personated with intent to convert the same to his own use shall be punmiddot ished as if he had been convicted of larceny

Hiatory-s 49 sub- ch 4 ch 1637 1868 RS 2466 GS 3321 RGS 5156 CGL 7259

81703 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 fi nancial condition assets or liabilities or relating to the financial condition assets or liabilities of any firm or corshyporation in which such person has a financial interest or for whom he is acting with a fraudulent intent of obmiddot taining credit goods money or other property and shall by such false statement obtain credit goods money or other property shall be guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083

Hi1tory-s 1 ch 51 34 1903 RS 3322 s 1 ch 6869 1915 RGS 5160 CGL7263 s 843 ch 71- 136 cf-s 509151 Obtaining lodging wi1h 1nten1 lo defraud

817031 Making false statements venue of proseshycution- Prosecutions under s 81703 may be begun in the county where the statement was written or purports to have been written

Hiatory-s 2 ch 5134 1903 GS 3323 RGS 5161 CGL 7264 Note- Former s 81704

cf-s 91003 Place of trial generally

817034 Florida Communications Fraud Actshy(1) LEGISLATIVE INTENT-(a) The Legislature recognizes that schemes to demiddot

fraud have proliferated in the United States in recent

years and that many operators of schemes to defraud use communications technology to solicit victims and thereby conceal their identities and overcome a victims normal resistance to sales pressure by delivering a permiddot sonalized sales message

(b) It is the intent of the Legislature to prevent the use of communications technology in furtherance of schemes to defraud by consolidating former statutes concerning schemes to defraud and organized fraud to permit prosecution of these crimes util izing the legal precedent available under federal mail and wire fraud statutes

(2) SHORT TITLE-This section may be cited as the Florida Communications Fraud Act

(3) DEFINITIONS-As used in this section the term (a) Communicate means to transmit or transfer or

to cause another to transmit or transfer signs signals writing images sounds data or intelligences of any namiddot ture in whole or in part by mail or by wire radio electromiddot magnetic photo-electronic or photo-optical system

(b) Obtain means temporari ly or permanently to demiddot prive any person of the right to property or a benefit therefrom or to appropriate the property to ones own use or to the use of any other person not entitled thereto

(c) Property means anything of value and inmiddot eludes

1 Real property including things growing on afmiddot fixed to or found in land

2 Tangible or intangible personal property includmiddot ing rights privileges interests and claims and

3 Services (d) Scheme to defraud means a systematic ongomiddot

ing course of conduct with intent to defraud one or more persons or with intent to obtain property from one or more persons by false or fraudulent pretenses repremiddot sentations or promises or willful misrepresentations of a future act

(e) Value means value determined according to any of the fo llowing

1a The market value of the property at the time and place of the offense or if such cannot be satisfactorily ascertained the cost of replacement of the property within a reasonable time after the offense

b The value of a written instrument that does not have a readily ascertainable market value in the case of an instrument such as a check draft or promissory note is the amount due or collectible or is in the case of any other instrument which creates releases disshycharges or otherwise affects any valuable legal right privilege or obligation the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument

c The value of a trade secret that does not have a readily ascertainable market value is any reasonable valmiddot ue representing the damage to the owner suffered by reason of losing an advantage over those who do not know of or use the trade secret

2 If the value of property cannot be ascertained the trier of fact may find the value to be not less than a certain amount if no such minimum value can be ascermiddot tained the value is an amount less than $300

3 Amounts of value of separate properties ob-tained in one scheme to defraud whether from the same

I 1579
























Note-Forme1 s 81707





1580




History--$$ 1 2 en ES-246 s 845 cn 11- 136




His toty- 1 I cn 8466 1921 CGl 7308




Hlatory- s 3 ch 8466 1921 CGL 7310






Hi11oty-$ 52 en 87-99




1581




















Note-Formef s 80606







1582


















1583






















Hiatory-s 1 en 25025 1949 s 863 ch 71- 136



1584

























1585


























1586





























1587














Hlatoiy- ts I 2 2A 3 4 ()I 71-61


Hlatoiy- s 4 Ch 59--301 s 178 ch 79-164














1588
















Hlatory-s ch 59-294 1 875 en 71- 136






Hl11ory-s 1 ch 61-206 1 I ch 67-513 s 877 oh 71- 136





1589









Hi11ety-s 1 ch 63-J83 1 879 ch 71-136



Hiltolty-s 1 ch 63-142 S 880 Ch 71 - 136














1590






































1591














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598
























Note-Forme1 s 81707





1580




History--$$ 1 2 en ES-246 s 845 cn 11- 136




His toty- 1 I cn 8466 1921 CGl 7308




Hlatory- s 3 ch 8466 1921 CGL 7310






Hi11oty-$ 52 en 87-99




1581




















Note-Formef s 80606







1582


















1583






















Hiatory-s 1 en 25025 1949 s 863 ch 71- 136



1584

























1585


























1586





























1587














Hlatoiy- ts I 2 2A 3 4 ()I 71-61


Hlatoiy- s 4 Ch 59--301 s 178 ch 79-164














1588
















Hlatory-s ch 59-294 1 875 en 71- 136






Hl11ory-s 1 ch 61-206 1 I ch 67-513 s 877 oh 71- 136





1589









Hi11ety-s 1 ch 63-J83 1 879 ch 71-136



Hiltolty-s 1 ch 63-142 S 880 Ch 71 - 136














1590






































1591














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598




History--$$ 1 2 en ES-246 s 845 cn 11- 136




His toty- 1 I cn 8466 1921 CGl 7308




Hlatory- s 3 ch 8466 1921 CGL 7310






Hi11oty-$ 52 en 87-99




1581




















Note-Formef s 80606







1582


















1583






















Hiatory-s 1 en 25025 1949 s 863 ch 71- 136



1584

























1585


























1586





























1587














Hlatoiy- ts I 2 2A 3 4 ()I 71-61


Hlatoiy- s 4 Ch 59--301 s 178 ch 79-164














1588
















Hlatory-s ch 59-294 1 875 en 71- 136






Hl11ory-s 1 ch 61-206 1 I ch 67-513 s 877 oh 71- 136





1589









Hi11ety-s 1 ch 63-J83 1 879 ch 71-136



Hiltolty-s 1 ch 63-142 S 880 Ch 71 - 136














1590






































1591














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598




















Note-Formef s 80606







1582


















1583






















Hiatory-s 1 en 25025 1949 s 863 ch 71- 136



1584

























1585


























1586





























1587














Hlatoiy- ts I 2 2A 3 4 ()I 71-61


Hlatoiy- s 4 Ch 59--301 s 178 ch 79-164














1588
















Hlatory-s ch 59-294 1 875 en 71- 136






Hl11ory-s 1 ch 61-206 1 I ch 67-513 s 877 oh 71- 136





1589









Hi11ety-s 1 ch 63-J83 1 879 ch 71-136



Hiltolty-s 1 ch 63-142 S 880 Ch 71 - 136














1590






































1591














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598


















1583






















Hiatory-s 1 en 25025 1949 s 863 ch 71- 136



1584

























1585


























1586





























1587














Hlatoiy- ts I 2 2A 3 4 ()I 71-61


Hlatoiy- s 4 Ch 59--301 s 178 ch 79-164














1588
















Hlatory-s ch 59-294 1 875 en 71- 136






Hl11ory-s 1 ch 61-206 1 I ch 67-513 s 877 oh 71- 136





1589









Hi11ety-s 1 ch 63-J83 1 879 ch 71-136



Hiltolty-s 1 ch 63-142 S 880 Ch 71 - 136














1590






































1591














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598






















Hiatory-s 1 en 25025 1949 s 863 ch 71- 136



1584

























1585


























1586





























1587














Hlatoiy- ts I 2 2A 3 4 ()I 71-61


Hlatoiy- s 4 Ch 59--301 s 178 ch 79-164














1588
















Hlatory-s ch 59-294 1 875 en 71- 136






Hl11ory-s 1 ch 61-206 1 I ch 67-513 s 877 oh 71- 136





1589









Hi11ety-s 1 ch 63-J83 1 879 ch 71-136



Hiltolty-s 1 ch 63-142 S 880 Ch 71 - 136














1590






































1591














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598

























1585


























1586





























1587














Hlatoiy- ts I 2 2A 3 4 ()I 71-61


Hlatoiy- s 4 Ch 59--301 s 178 ch 79-164














1588
















Hlatory-s ch 59-294 1 875 en 71- 136






Hl11ory-s 1 ch 61-206 1 I ch 67-513 s 877 oh 71- 136





1589









Hi11ety-s 1 ch 63-J83 1 879 ch 71-136



Hiltolty-s 1 ch 63-142 S 880 Ch 71 - 136














1590






































1591














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598


























1586





























1587














Hlatoiy- ts I 2 2A 3 4 ()I 71-61


Hlatoiy- s 4 Ch 59--301 s 178 ch 79-164














1588
















Hlatory-s ch 59-294 1 875 en 71- 136






Hl11ory-s 1 ch 61-206 1 I ch 67-513 s 877 oh 71- 136





1589









Hi11ety-s 1 ch 63-J83 1 879 ch 71-136



Hiltolty-s 1 ch 63-142 S 880 Ch 71 - 136














1590






































1591














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598





























1587














Hlatoiy- ts I 2 2A 3 4 ()I 71-61


Hlatoiy- s 4 Ch 59--301 s 178 ch 79-164














1588
















Hlatory-s ch 59-294 1 875 en 71- 136






Hl11ory-s 1 ch 61-206 1 I ch 67-513 s 877 oh 71- 136





1589









Hi11ety-s 1 ch 63-J83 1 879 ch 71-136



Hiltolty-s 1 ch 63-142 S 880 Ch 71 - 136














1590






































1591














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598














Hlatoiy- ts I 2 2A 3 4 ()I 71-61


Hlatoiy- s 4 Ch 59--301 s 178 ch 79-164














1588
















Hlatory-s ch 59-294 1 875 en 71- 136






Hl11ory-s 1 ch 61-206 1 I ch 67-513 s 877 oh 71- 136





1589









Hi11ety-s 1 ch 63-J83 1 879 ch 71-136



Hiltolty-s 1 ch 63-142 S 880 Ch 71 - 136














1590






































1591














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598
















Hlatory-s ch 59-294 1 875 en 71- 136






Hl11ory-s 1 ch 61-206 1 I ch 67-513 s 877 oh 71- 136





1589









Hi11ety-s 1 ch 63-J83 1 879 ch 71-136



Hiltolty-s 1 ch 63-142 S 880 Ch 71 - 136














1590






































1591














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598









Hi11ety-s 1 ch 63-J83 1 879 ch 71-136



Hiltolty-s 1 ch 63-142 S 880 Ch 71 - 136














1590






































1591














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598






































1591














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598














History- ss 1 2 3 4 ch 65-464 s 882 ch 71-136


Hlatory-s 1 ch 71 -233 s 32 ch 73-334









History- s 1 ch 79- 113 s 5 ch 86- 161





1592

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598

























81757 81758 81759

81760

81761 817611 817612 81762

817631

81764

817645 817646 81765 81766 81767 81768 817685

PART II

CREDIT CARD CRIMES










1593

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598

























1594
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598
















History-1 6 ch 85-3







1595




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598




Hiatory- s 6 en 8A -297 1 70 ell ~62







775084 Hiltoty-s 10 Ch 67-340 I 883 Ch 71-136





8177001 8177005 817701 817702 817703 817704 817705 81 7706

PART Ill
















1596






























1597






















Hl1toty-1 1 Ch 87-204












1598






























1597






















Hl1toty-1 1 Ch 87-204












1598






















Hl1toty-1 1 Ch 87-204












1598

Ch. 817 FRAUDULENT PRACTICES F.S. 1987 CHAPTER 817 ...

Documents

Transcript of Ch. 817 FRAUDULENT PRACTICES F.S. 1987 CHAPTER 817 ...