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Florida Statute 817.061 - Full Text and Legal Analysis
Florida Statute 817.061 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 817.061 Case Law from Google Scholar Google Search for Amendments to 817.061

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 817
FRAUDULENT PRACTICES
View Entire Chapter
817.061 Misleading solicitation of payments prohibited.—
(1) It is unlawful for any person, company, corporation, agency, association, partnership, institution, or charitable entity to solicit payment of money by another by means of a statement or invoice, or any writing that would reasonably be interpreted as a statement or invoice, 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 in 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 damages in the amount equal to 3 times the sum solicited.
(3) Any person, company, corporation, agency, association, partnership, institution, or charitable entity that violates this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.
History.—ss. 1, 2, ch. 69-246; s. 845, ch. 71-136.

F.S. 817.061 on Google Scholar

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Amendments to 817.061


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 817.061
Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.061 - FRAUD - MISLEADING SOLICITATION OF PAYMENTS - M: S

Cases Citing Statute 817.061

Total Results: 24  |  Sort by: Relevance  |  Newest First

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Fryer v. State, 732 So. 2d 30 (Fla. 5th DCA 1999).

Cited 10 times | Published | Florida 5th District Court of Appeal | 1999 WL 252738

is not possible to commit an offense under section 817.61 [the statute governing fraudulent use of a
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Wolf v. State, 679 So. 2d 351 (Fla. 5th DCA 1996).

Cited 5 times | Published | Florida 5th District Court of Appeal | 1996 WL 501435

card and such card has not in fact been issued. § 817.61, Fla. Stat. (1993). While use of a credit card
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Rodriguez v. State, 768 So. 2d 1234 (Fla. 5th DCA 2000).

Cited 4 times | Published | Florida 5th District Court of Appeal | 2000 WL 1475756

THOMPSON, C.J., and COBB, J., concur. NOTES [1] § 817.61 (Fla.Stat.1997). [2] Purvis v. State, 397 So
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McConnell v. State, 298 So. 2d 550 (Fla. 2d DCA 1974).

Cited 4 times | Published | Florida 2nd District Court of Appeal

provision of the State Credit Card Crime Act, to wit: § 817.61, F.S.A. In State v. McCurdy, Fla.App.2d, 1972
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Ross v. State, 760 So. 2d 214 (Fla. 2d DCA 2000).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 486253

fraudulent use of a credit card, in violation of section 817.61, Florida Statutes (1991), and grand theft,
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Davis v. S. Bell Tel. & Tel. Co., 755 F. Supp. 1532 (S.D. Fla. 1991).

Cited 2 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 1425, 1991 WL 15126

...NOTES [1] The Court has not yet certified the class. [2] Plaintiffs seek treble damages for violations of § 2 of the Sherman Act and Florida Antitrust Act of 1980, Fla.Stat. § 542.19 (1987), treble damages for violations of the Florida RICO laws, and treble damages for violations of Fla. Stat. § 817.061....
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Armstrong v. State, 42 So. 3d 315 (Fla. 2d DCA 2010).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 11712, 2010 WL 3155021

SILBERMAN and LaROSE, JJ., Concur. NOTES [1] § 817.61, Fla. Stat. (2007). [2] A "PIN" is the "personal
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Neal v. State, 109 So. 3d 1245 (Fla. 2d DCA 2013).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 1316692, 2013 Fla. App. LEXIS 5448

fraudulent use of a credit card, a violation of section 817.61, Florida Statutes (2009), and for the violation
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Snell v. State, 210 So. 3d 115 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 13529

count of fraudulent use of a credit card, see § 817.61, two counts of theft from a person sixty-five
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Riley v. State, 854 So. 2d 807 (Fla. 1st DCA 2003).

Published | Florida 1st District Court of Appeal | 2003 WL 22056287

fraud*808ulent use of a credit card, in violation of section 817.61, Florida Statutes (1991), and grand theft,
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Strada v. State, 267 So. 2d 702 (Fla. Dist. Ct. App. 1972).

Published | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6195

founded, Section 831.01, was also a violation of Section 817.61, F.S.1969, F.S.A., which is a part of the State
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State v. Weaver, 662 So. 2d 1019 (Fla. 5th DCA 1995).

Published | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 12103, 1995 WL 680449

JJ., concur. . § 831.01, Fla.Stat. (1991). . § 817.61, Fla.Stat. (1991).
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A.M. v. State, 794 So. 2d 645 (Fla. 2d DCA 2001).

Published | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 7474, 2001 WL 574843

credit card in order to establish a violation of section 817.61, Florida Statutes (1999), I respectfully dissent
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Pastoria v. State, 312 So. 2d 808 (Fla. Dist. Ct. App. 1975).

Published | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14930

Fraudulent Use of Credit Card in violation of Section 817.61, F.S. 1969, F.S.A., which is a part of the
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Leonard Alvin Jones v. State of Florida, 239 So. 3d 203 (Fla. 4th DCA 2018).

Published | Florida 4th District Court of Appeal

fraudulent use of a credit card in violation of section 817.61, Florida Statutes (2016). On appeal he argues
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State v. Paffy, 369 So. 2d 340 (Fla. 1979).

Published | Supreme Court of Florida | 1979 Fla. LEXIS 4621

conspiracy, be punished as provided in subsection (4). § 817.61, Fla.Stat. (1977), states in pertinent part: A
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Simmons v. State, 594 So. 2d 853 (Fla. 4th DCA 1992).

Published | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 1869, 1992 WL 36977

sentencing hearing, the state asserted that the section 817.61 counts were felonies because appellant used
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McMonagle v. State, 696 So. 2d 830 (Fla. 5th DCA 1997).

Published | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 2516, 1997 WL 120568

credit card to obtain goods, in violation of section 817.61, Florida Statutes (1991). He pleaded nolo contendere
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Williams v. State, 462 So. 2d 1131 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 21386

purchases of $25.99, 23.87, 37.96 and 32.23. Section 817.61, Florida Statutes (1981) outlaws the fraudulent
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Williams v. State, 451 So. 2d 1047 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13761

purchases of $25.99, 23.87, 37.96 and 32.23. Section 817.61, Florida Statutes (1981) outlaws the fraudulent
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State v. McCurdy, 257 So. 2d 92 (Fla. 3d DCA 1972).

Published | Florida 3rd District Court of Appeal | 1972 Fla. App. LEXIS 7337

terms of the State Credit Card Act, specifically, § 817.61”. On July 29, 1971, the trial Court entered order
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Keels v. State, 792 So. 2d 1249 (Fla. 2d DCA 2001).

Published | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 12242, 2001 WL 996079

the victim contrary to section 817.61, Florida Statutes (1999). Section 817.61 is titled “Fraudulent use
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Florida Bar v. Bryan, 506 So. 2d 395 (Fla. 1987).

Published | Supreme Court of Florida | 12 Fla. L. Weekly 217, 1987 Fla. LEXIS 1832

This fraudulent use of credit cards violated section 817.61 of the Florida Statutes and constituted a third
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Lawrence v. State, 330 So. 2d 160 (Fla. 4th DCA 1976).

Published | Florida 4th District Court of Appeal | 1976 Fla. App. LEXIS 14943

forgery and uttering statutes rather than under § 817.61, Florida Statutes (the state credit card crime

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.