Florida Statute 559.27 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY

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559.27 Tag required reflecting value of item offered for sale at auction.—

(1) At all auctions of goods at public outcry, the auctioneer or her or his agent shall place or cause to be placed upon each item to be offered at auction a tag showing the value attributed to the item at the time it is offered. Such tag shall remain affixed to the item and shall be delivered to the buyer along with the item at the time of sale.

(2) The provisions of this section shall not apply:

(a) To agricultural commodities, livestock, agricultural equipment, automobiles, or other items of goods which are most commonly marketed at auction;

(b) When a value is not expressed by the auctioneer as a guide to the bidder; or

(3) Violation of this section shall be a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—ss. 1, 2, 3, ch. 70-151; s. 555, ch. 71-136; s. 813, ch. 97-103.

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Amendments to 559.27

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 559.27

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

S559.27 - PUBLIC ORDER CRIMES - FAIL TAG ITEM W VALUE SALE AUCTION - M: S

Cases Citing Statute 559.27

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United States v. Conrad, 619 F. Supp. 1319 (M.D. Fla. 1985).

Cited 3 times | Published | District Court, M.D. Florida | 42 U.C.C. Rep. Serv. (West) 424, 1985 U.S. Dist. LEXIS 14972

...t relied upon the misrepresentation when making his bid. On August 12, 1985, defendant filed a Motion to Amend Answer which the Court granted on August 19, 1985, adding the following affirmative defenses: fourth, that plaintiff failed to comply with Section 559.27, Florida Statutes (1983), which requires that a tag reflecting the value of an item offered for auction be placed upon each item; and fifth, that the contract sued upon does not satisfy the statute of frauds, Section 672.201, Florida Statutes (1983)....

...The condition precedent to performance, the failure of the piecemeal bids to exceed the bulk bid, was satisfied. Thus, the defendant is obligated to perform, namely to pay the amount of his bid. 3. The Court will address briefly two additional issues. The first is whether Section 559.27, Florida Statutes (1983), *1323 which requires the tagging of items offered at auction, provides a meritorious defense. The statute provides, in pertinent part: (2) The provisions of this section shall not apply: (b) When a value is not expressed by the auctioneer as a guide to the bidder .... Section 559.27(2)(b), Florida Statutes (1983)....

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