Fla. Stat. 817.417
Government Impostor and Deceptive Advertisements Act

(1)

SHORT TITLE.—This act may be cited as the “Government Impostor and Deceptive Advertisements Act.”

(2)

DEFINITIONS.—As used in this section:“Advertisement” means any representation disseminated in any manner or by any means, other than by a label, for the purpose of inducing, or which is reasonably likely to induce, directly or indirectly, a purchase.“Department” means the Department of Agriculture and Consumer Services.“Governmental entity” means a political subdivision or agency of any state, possession, or territory of the United States, or the Federal Government, including, but not limited to, a board, a department, an office, an agency, a military veteran entity, or a military or veteran service organization by whatever name known.

(a)

“Advertisement” means any representation disseminated in any manner or by any means, other than by a label, for the purpose of inducing, or which is reasonably likely to induce, directly or indirectly, a purchase.

(b)

“Department” means the Department of Agriculture and Consumer Services.

(c)

“Governmental entity” means a political subdivision or agency of any state, possession, or territory of the United States, or the Federal Government, including, but not limited to, a board, a department, an office, an agency, a military veteran entity, or a military or veteran service organization by whatever name known.

(3)

DUTIES AND RESPONSIBILITIES.—The department has the duty and responsibility to:Investigate potential violations of this section.Request and obtain information regarding potential violations of this section.Seek compliance with this section.Enforce this section.Adopt rules necessary to administer this section.

(a)

Investigate potential violations of this section.

(b)

Request and obtain information regarding potential violations of this section.

(c)

Seek compliance with this section.

(d)

Enforce this section.

(e)

Adopt rules necessary to administer this section.

(4)

VIOLATIONS.—Each occurrence of the following acts or practices constitute a violation of this section:Disseminating an advertisement that:
Simulates a summons, complaint, jury notice, or other court, judicial, or administrative process of any kind.
Represents, implies, or otherwise engages in an action that may reasonably cause confusion that the person using or employing the advertisement is a part of or associated with a governmental entity, when such is not true.
Representing, implying, or otherwise reasonably causing confusion that goods, services, an advertisement, or an offer was disseminated by or has been approved, authorized, or endorsed, in whole or in part, by a governmental entity, when such is not true.Using or employing language, symbols, logos, representations, statements, titles, names, seals, emblems, insignia, trade or brand names, business or control tracking numbers, website or e-mail addresses, or any other term, symbol, or other content that represents or implies or otherwise reasonably causes confusion that goods, services, an advertisement, or an offer is from a governmental entity, when such is not true.Failing to provide the disclosures as required in subsection (5) or subsection (6).Failing to timely submit to the department written responses and answers to its inquiries concerning alleged practices inconsistent with, or in violation of, this section. Responses or answers may include, but are not limited to, copies of customer lists, invoices, receipts, or other business records.

(a)

Disseminating an advertisement that:Simulates a summons, complaint, jury notice, or other court, judicial, or administrative process of any kind.Represents, implies, or otherwise engages in an action that may reasonably cause confusion that the person using or employing the advertisement is a part of or associated with a governmental entity, when such is not true.
1. Simulates a summons, complaint, jury notice, or other court, judicial, or administrative process of any kind.
2. Represents, implies, or otherwise engages in an action that may reasonably cause confusion that the person using or employing the advertisement is a part of or associated with a governmental entity, when such is not true.

(b)

Representing, implying, or otherwise reasonably causing confusion that goods, services, an advertisement, or an offer was disseminated by or has been approved, authorized, or endorsed, in whole or in part, by a governmental entity, when such is not true.

(c)

Using or employing language, symbols, logos, representations, statements, titles, names, seals, emblems, insignia, trade or brand names, business or control tracking numbers, website or e-mail addresses, or any other term, symbol, or other content that represents or implies or otherwise reasonably causes confusion that goods, services, an advertisement, or an offer is from a governmental entity, when such is not true.

(d)

Failing to provide the disclosures as required in subsection (5) or subsection (6).

(e)

Failing to timely submit to the department written responses and answers to its inquiries concerning alleged practices inconsistent with, or in violation of, this section. Responses or answers may include, but are not limited to, copies of customer lists, invoices, receipts, or other business records.

(5)

NOTICE REGARDING DOCUMENT AVAILABILITY.—Any person offering documents that are available free of charge or at a lesser price from a governmental entity must provide the notice specified in paragraph (b) on advertisements as follows:
For printed or written advertisements, notice must be in the same font size, color, style, and visibility as primarily used elsewhere on the page or envelope and displayed as follows:
On the outside front of any mailing envelope used in disseminating the advertisement.
At the top of each printed or written page used in the advertisement.
For electronic advertisements, notice must be in the same font size, color, style, and visibility as the body text primarily used in the e-mail or web page and displayed as follows:
At the beginning of each e-mail message, before any offer or other substantive information.
In a prominent location on each web page, such as the top of each page or immediately following the offer or other substantive information on the page.
Advertisements specified in paragraph (a) must include the following disclosure:

“IMPORTANT NOTICE:

The documents offered by this advertisement are available to Florida consumers free of charge or for a lesser price from (insert name, telephone number, and mailing address of the applicable governmental entity) . You are NOT required to purchase anything from this company and the company is NOT affiliated, endorsed, or approved by any governmental entity. The item offered in this advertisement has NOT been approved or endorsed by any governmental agency, and this offer is NOT being made by an agency of the government.”

(a)

Any person offering documents that are available free of charge or at a lesser price from a governmental entity must provide the notice specified in paragraph (b) on advertisements as follows:For printed or written advertisements, notice must be in the same font size, color, style, and visibility as primarily used elsewhere on the page or envelope and displayed as follows:
On the outside front of any mailing envelope used in disseminating the advertisement.
At the top of each printed or written page used in the advertisement.
For electronic advertisements, notice must be in the same font size, color, style, and visibility as the body text primarily used in the e-mail or web page and displayed as follows:
At the beginning of each e-mail message, before any offer or other substantive information.
In a prominent location on each web page, such as the top of each page or immediately following the offer or other substantive information on the page.
1. For printed or written advertisements, notice must be in the same font size, color, style, and visibility as primarily used elsewhere on the page or envelope and displayed as follows:a. On the outside front of any mailing envelope used in disseminating the advertisement.b. At the top of each printed or written page used in the advertisement.
a. On the outside front of any mailing envelope used in disseminating the advertisement.
b. At the top of each printed or written page used in the advertisement.
2. For electronic advertisements, notice must be in the same font size, color, style, and visibility as the body text primarily used in the e-mail or web page and displayed as follows:a. At the beginning of each e-mail message, before any offer or other substantive information.b. In a prominent location on each web page, such as the top of each page or immediately following the offer or other substantive information on the page.
a. At the beginning of each e-mail message, before any offer or other substantive information.
b. In a prominent location on each web page, such as the top of each page or immediately following the offer or other substantive information on the page.

(b)

Advertisements specified in paragraph (a) must include the following disclosure:

“IMPORTANT NOTICE:

The documents offered by this advertisement are available to Florida consumers free of charge or for a lesser price from (insert name, telephone number, and mailing address of the applicable governmental entity) . You are NOT required to purchase anything from this company and the company is NOT affiliated, endorsed, or approved by any governmental entity. The item offered in this advertisement has NOT been approved or endorsed by any governmental agency, and this offer is NOT being made by an agency of the government.”

(6)

NOTICE REGARDING CLAIM OF LEGAL COMPLIANCE.—Any person disseminating an advertisement that includes a form or template to be completed by the consumer with the claim that such form or template will assist the consumer in complying with a legal filing or record retention requirement must provide the notice specified in paragraph (b) on advertisements as follows:
For printed or written advertisements, the notice must be in the same font size, color, style, and visibility as primarily used elsewhere on the page or envelope and displayed as follows:
On the outside front of any mailing envelope used in disseminating the advertisement.
At the top of each printed or written page used in the advertisement.
For electronic advertisements, the notice must be in the same font size, color, style, and visibility as the body text primarily used in the e-mail or web page and displayed as follows:
At the beginning of each e-mail message, before any offer or other substantive information.
In a prominent location on each web page, such as the top of each page or immediately following the offer or other substantive information on the page.
Advertisements specified in paragraph (a) must include the following disclosure:

“IMPORTANT NOTICE:

You are NOT required to purchase anything from this company and the company is NOT affiliated, endorsed, or approved by any governmental entity. The item offered in this advertisement has NOT been approved or endorsed by any governmental agency, and this offer is NOT being made by an agency of the government.”

(a)

Any person disseminating an advertisement that includes a form or template to be completed by the consumer with the claim that such form or template will assist the consumer in complying with a legal filing or record retention requirement must provide the notice specified in paragraph (b) on advertisements as follows:For printed or written advertisements, the notice must be in the same font size, color, style, and visibility as primarily used elsewhere on the page or envelope and displayed as follows:
On the outside front of any mailing envelope used in disseminating the advertisement.
At the top of each printed or written page used in the advertisement.
For electronic advertisements, the notice must be in the same font size, color, style, and visibility as the body text primarily used in the e-mail or web page and displayed as follows:
At the beginning of each e-mail message, before any offer or other substantive information.
In a prominent location on each web page, such as the top of each page or immediately following the offer or other substantive information on the page.
1. For printed or written advertisements, the notice must be in the same font size, color, style, and visibility as primarily used elsewhere on the page or envelope and displayed as follows:a. On the outside front of any mailing envelope used in disseminating the advertisement.b. At the top of each printed or written page used in the advertisement.
a. On the outside front of any mailing envelope used in disseminating the advertisement.
b. At the top of each printed or written page used in the advertisement.
2. For electronic advertisements, the notice must be in the same font size, color, style, and visibility as the body text primarily used in the e-mail or web page and displayed as follows:a. At the beginning of each e-mail message, before any offer or other substantive information.b. In a prominent location on each web page, such as the top of each page or immediately following the offer or other substantive information on the page.
a. At the beginning of each e-mail message, before any offer or other substantive information.
b. In a prominent location on each web page, such as the top of each page or immediately following the offer or other substantive information on the page.

(b)

Advertisements specified in paragraph (a) must include the following disclosure:

“IMPORTANT NOTICE:

You are NOT required to purchase anything from this company and the company is NOT affiliated, endorsed, or approved by any governmental entity. The item offered in this advertisement has NOT been approved or endorsed by any governmental agency, and this offer is NOT being made by an agency of the government.”

(7)

PENALTIES.—Any person substantially affected by a violation of this section may bring an action in a court of proper jurisdiction to enforce the provisions of this section. A person prevailing in a civil action for a violation of this section shall be awarded costs, including reasonable attorney fees, and may be awarded punitive damages in addition to actual damages proven. This provision is in addition to any other remedies prescribed by law.The department may bring one or more of the following for a violation of this section:
A civil action in circuit court for:
Temporary or permanent injunctive relief to enforce this section.
For printed advertisements and e-mail, a fine of up to $1,000 for each separately addressed advertisement or message containing content in violation of paragraphs (4)(a)-(d) received by or addressed to a state resident.
For websites, a fine of up to $5,000 for each day a website, with content in violation of paragraphs (4)(a)-(d), is published and made available to the general public.
For violations of paragraph (4)(e), a fine of up to $5,000 for each violation.
Recovery of restitution and damages on behalf of persons substantially affected by a violation of this section.
The recovery of court costs and reasonable attorney fees.
An action for an administrative fine in the Class III category pursuant to s. 570.971 for each act or omission which constitutes a violation under this section.
The department may terminate any investigation or action upon agreement by the alleged offender to pay a stipulated fine, make restitution, pay damages to customers, or satisfy any other relief authorized by this section.In addition to any remedies or penalties set forth in this section, any person who violates paragraphs (4)(a)-(d) also commits an unfair or deceptive trade practice in violation of part II of chapter 501 and is subject to the penalties and remedies imposed for such violation.

(a)

Any person substantially affected by a violation of this section may bring an action in a court of proper jurisdiction to enforce the provisions of this section. A person prevailing in a civil action for a violation of this section shall be awarded costs, including reasonable attorney fees, and may be awarded punitive damages in addition to actual damages proven. This provision is in addition to any other remedies prescribed by law.

(b)

The department may bring one or more of the following for a violation of this section:A civil action in circuit court for:
Temporary or permanent injunctive relief to enforce this section.
For printed advertisements and e-mail, a fine of up to $1,000 for each separately addressed advertisement or message containing content in violation of paragraphs (4)(a)-(d) received by or addressed to a state resident.
For websites, a fine of up to $5,000 for each day a website, with content in violation of paragraphs (4)(a)-(d), is published and made available to the general public.
For violations of paragraph (4)(e), a fine of up to $5,000 for each violation.
Recovery of restitution and damages on behalf of persons substantially affected by a violation of this section.
The recovery of court costs and reasonable attorney fees.
An action for an administrative fine in the Class III category pursuant to s. 570.971 for each act or omission which constitutes a violation under this section.
1. A civil action in circuit court for:a. Temporary or permanent injunctive relief to enforce this section.b. For printed advertisements and e-mail, a fine of up to $1,000 for each separately addressed advertisement or message containing content in violation of paragraphs (4)(a)-(d) received by or addressed to a state resident.c. For websites, a fine of up to $5,000 for each day a website, with content in violation of paragraphs (4)(a)-(d), is published and made available to the general public.d. For violations of paragraph (4)(e), a fine of up to $5,000 for each violation.e. Recovery of restitution and damages on behalf of persons substantially affected by a violation of this section.f. The recovery of court costs and reasonable attorney fees.
a. Temporary or permanent injunctive relief to enforce this section.
b. For printed advertisements and e-mail, a fine of up to $1,000 for each separately addressed advertisement or message containing content in violation of paragraphs (4)(a)-(d) received by or addressed to a state resident.
c. For websites, a fine of up to $5,000 for each day a website, with content in violation of paragraphs (4)(a)-(d), is published and made available to the general public.
d. For violations of paragraph (4)(e), a fine of up to $5,000 for each violation.
e. Recovery of restitution and damages on behalf of persons substantially affected by a violation of this section.
f. The recovery of court costs and reasonable attorney fees.
2. An action for an administrative fine in the Class III category pursuant to s. 570.971 for each act or omission which constitutes a violation under this section.

(c)

The department may terminate any investigation or action upon agreement by the alleged offender to pay a stipulated fine, make restitution, pay damages to customers, or satisfy any other relief authorized by this section.

(d)

In addition to any remedies or penalties set forth in this section, any person who violates paragraphs (4)(a)-(d) also commits an unfair or deceptive trade practice in violation of part II of chapter 501 and is subject to the penalties and remedies imposed for such violation.

Source: Section 817.417 — Government Impostor and Deceptive Advertisements Act, https://www.­flsenate.­gov/Laws/Statutes/2024/0817.­417 (accessed Aug. 7, 2025).

817.02
Obtaining property by false personation 817.03
Making false statement to obtain property or credit or to detain real property 817.05
False statements to merchants as to financial condition 817.06
Misleading advertisements prohibited 817.08
Receiving money or property upon false promises of services as seaman or sponge fisher 817.11
Obtaining property by fraudulent promise to furnish inside information 817.011
Definition 817.14
Procuring assignments of produce upon false representations 817.15
False entries in books of business entity 817.16
False reports, etc., by officers of banks, trust companies, etc., with intent to defraud 817.17
Wrongful use of city, county, or other political subdivision name 817.18
Wrongful marking with a city, county, or other political subdivision name 817.19
Fraudulent issue of stock certificate or indicia of membership interest 817.20
Issuing stock or obligation of corporation beyond authorized amount 817.21
Books to be evidence in such cases 817.021
False information to obtain a seaport security identification card 817.22
Making false invoice to defraud insurer 817.23
Making false affidavit to defraud insurer 817.24
Unlawful to add or alter or deface existing brand 817.25
Fraudulently marking or branding 817.025
Home or private business invasion by false personation 817.26
Fraudulently changing marks on animal 817.28
Fraudulent obtaining of property by gaming 817.29
Cheating 817.30
Punishment for unlawful use of badge of certain orders and organizations 817.31
Unlawful use of insignia of American Legion 817.031
Making false statements 817.032
Information available to identity theft victims 817.32
Fraudulent operation of coin-operated devices 817.33
Manufacture, etc., of slugs to be used in coin-operated devices prohibited 817.034
Florida Communications Fraud Act 817.34
False entries and statements by investment companies offering stock or security for sale 817.35
Sale of cemetery lots or mausoleum space 817.36
Resale of tickets 817.037
Fraudulent refunds 817.37
Touting 817.38
Simulated process 817.39
Simulated forms of court or legal process, or official seal or stationery 817.40
False, misleading and deceptive advertising and sales 817.41
Misleading advertising prohibited 817.43
Exemption 817.44
Intentional false advertising prohibited 817.45
Penalty 817.47
Insurance advertising exempt 817.49
False reports of commission of crimes 817.50
Fraudulently obtaining goods or services from a health care provider 817.51
Obtaining groceries, retail poultry, dairy, bakery, and other retail products 817.52
Obtaining vehicles with intent to defraud, failing to return hired vehicle, or tampering with mileage device of hired vehicle 817.53
False charges for radio and television repairs and parts 817.54
Obtaining of mortgage, mortgage note, promissory note, etc., by false representation 817.55
Tourist attraction advertisement 817.061
Misleading solicitation of payments prohibited 817.155
Matters within jurisdiction of Department of State 817.233
Burning to defraud the insurer 817.234
False and fraudulent insurance claims 817.235
Personal property 817.236
False and fraudulent motor vehicle insurance application 817.265
False or fraudulent proof of need for an emotional support animal 817.311
Unlawful use of badges, etc 817.0311
Fraudulent sale or lease of residential real property 817.312
Unlawful use of uniforms, medals, or insignia 817.0345
Prohibition of fraudulent marketing practices 817.355
Fraudulent creation or possession of admission ticket 817.357
Purchase of tickets 817.361
Sale or transfer of multiuse tickets 817.411
False information 817.412
Sale of used goods as new 817.413
Sale of used motor vehicle goods as new 817.414
Sale of counterfeit security signs and decals 817.415
Florida Free Gift Advertising Law 817.416
Franchises and distributorships 817.417
Government Impostor and Deceptive Advertisements Act 817.418
Offering for sale or advertising personal protective equipment with intent to defraud 817.481
Credit or purchases 817.482
Possessing or transferring device for theft of telecommunications service 817.483
Transmission or publication of information regarding schemes, devices, means, or methods for theft of communication services 817.484
Obtaining telephone calling records by fraudulent means prohibited 817.487
Telephone caller identification systems 817.504
Offering or advertising a vaccine with intent to defraud 817.505
Patient brokering prohibited 817.535
Unlawful filing of false documents or records against real or personal property 817.545
Mortgage fraud 817.554
Fraudulently offering for sale tour or travel-related services 817.558
Water-treatment devices 817.561
Violations may be enjoined 817.562
Fraud involving a security interest 817.563
Controlled substance named or described in s 817.564
Imitation controlled substances defined 817.565
Urine testing, fraudulent practices 817.566
Misrepresentation of association with, or academic standing at, postsecondary educational institution 817.568
Criminal use of personal identification information 817.569
Criminal use of a public record or public records information 817.2341
False or misleading statements or supporting documents 817.2361
False or fraudulent proof of motor vehicle insurance 817.4115
False, deceptive, or misleading advertisement of live musical performances 817.4821
Cellular telephone counterfeiting offenses 817.5615
Marks required on optical discs 817.5621
Unlawful subleasing of a motor vehicle 817.5655
Unlawful use of DNA 817.5685
Unlawful possession of the personal identification information of another person 817.5695
Exploitation of a person 65 years of age or older

Current through Fall 2025

§ 817.417. Gov’t Impostor & Deceptive Advertisements Act's source at flsenate​.gov