§ 8A-113. Deceptive trade practices.  


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  • A person engages in a deceptive trade practice when, in the course of his or her business, vocation, or occupation, he or she:

    (a)

    Passes off goods or services as those of another;

    (b)

    Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

    (c)

    Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by another;

    (d)

    Uses deceptive representations or designations of geographic origin in connection with goods or services;

    (e)

    Makes representations that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities: (1) that they do not have; (2) that fail to reveal material facts in light of such representations; or (3) that a person has a sponsorship, approval, status, affiliation, or connection that he or she does not have;

    (f)

    Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;

    (g)

    Represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

    (h)

    Disparages the goods, services or business of another by false or misleading representation of fact;

    (i)

    Advertises goods or services with intent not to sell them as advertised;

    (j)

    Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

    (k)

    Makes false or misleading statements of fact concerning the reasons for, existence of or amounts of price reductions;

    (l)

    Takes consideration for goods or services without delivering such goods or performing such services, or delivers goods or provides services materially different from those ordered or sold;

    (m)

    Sells, causes to have sold, or promotes the sale of any residential or commercial habitable structure, located in the incorporated or unincorporated areas of Miami-Dade County, the permit for which was applied for after August 24, 1992 and prior to September 1, 1994, without including in the contract for such sale, or in a rider to such contract, and in all pamphlets, fliers, and marketing brochures used to promote the sale of such structures, the following disclosure in not less than ten-point bold-face type:

    THIS RESIDENTIAL OR COMMERCIAL HABITABLE STRUCTURE WAS CONSTRUCTED PURSUANT TO A BUILDING PERMIT APPLIED FOR PRIOR TO SEPTEMBER 1, 1994. AS A RESULT, THE CONSTRUCTION OF SUCH STRUCTURE WAS NOT REQUIRED TO MEET CERTAIN POST-HURRICANE ANDREW AMENDMENTS TO THE SOUTH FLORIDA BUILDING CODE. A SUMMARY OF THE SEPTEMBER 1, 1994 AMENDMENTS TO THE SOUTH FLORIDA BUILDING CODE MAY BE OBTAINED FROM THE MIAMI-DADE COUNTY BUILDING CODE COMPLIANCE OFFICE LOCATED AT 140 W. FLAGLER STREET, SUITE 1603 (PH. 375-2901).

    Notwithstanding the foregoing, this subsection shall not apply to: (i) sales of used residential habitable structures owned by individuals where such owners are natural persons not affiliated with any business entity in connection with such sale, or (ii) sales of any residential or commercial habitable structure being constructed pursuant to approved building plans for which a statement of building code compliance has been issued and sealed by a professional engineer or architect stating that such building plans are in compliance with the Post-Andrew Building Code Amendments identified in the following sentence, provided such plans do in fact comply with the Post-Andrew Building Code Amendments. For purposes of this section, Post-Andrew Building Code Amendments shall refer to all building code amendments adopted by Miami-Dade County Ordinance No. 93-141 (impact tests), No. 94-65 (shutters), No. 94-79 (wind load), and No. 94-100 (roofing).

    In order to prevail under this section, a complainant need not prove competition between the parties or actual confusion of misunderstanding.

    Any person who engages in a deceptive trade practice as defined in this section shall be guilty of a misdemeanor and be punished as specified in Section 8A-116 of the Code of Miami-Dade County, Florida.

    (Ord. No. 73-96, § 1, 11-20-73; Ord. No. 95-132, § 1, 7-25-95; Ord. No. 95-196, § 1, 11-7-95; Ord. No. 15-113, § 1, 10-6-15)

    Note— Ord. No. 95-196, adopted Nov. 7, 1995, amended § 8A-113(l) to read as herein set out. Section 4 of said ordinance enacted sunset provisions which provided as follows: This article shall become effective ten (10) days after the date of enactment and shall sunset five years from the effective date hereof. Upon becoming effective, the exemption contained in Section 8A-113(l)(ii) hereof shall apply retroactively to August 4, 1995, provided, however, that to be eligible for such retroactive application of exemption (ii) a person or entity must meet all of the requirements enumerated in such exemption no later than November 17, 1995, and provided further that such exemption shall not apply retroactively whenever such application would impair or diminish substantial substantive rights, including, without limitation, contract rights or defenses.