Buy Wise, Inc. v. Metro Dade County

OPINION OF THE COURT

GOLDMAN J.

This is an appeal from a hearing officer’s finding of guilt for alleged *59violation of Dade County Code of Ordinances, Section 8A-108(a).1

We reverse. There was no substantial evidence upon which the hearing officer could base a finding of guilt.2

It is clear the purpose of the Code is to prevent consumer fraud, especially through bait and switch tactics. Common sense tells us that the intent necessary is not just the intent to sell a product, but the intent to mislead, or disseminate false information.

In this case an ad was placed in the Miami Herald which contained…