Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1608
       
       
       
       
       
       
                                Ì2307744Î230774                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/16/2021           .                                
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       The Committee on Criminal Justice (Bean) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 34 - 91
    4  and insert:
    5  equipment” means protective clothing or equipment, including,
    6  but not limited to, face masks, face shields, gloves, goggles,
    7  gowns, helmets, or respirators designed to protect a person from
    8  infectious materials, communicable disease, or other illness.
    9         (2)It is unlawful for any person to knowingly and
   10  willfully make a materially false or misleading statement or to
   11  knowingly and willfully disseminate false or misleading
   12  information relating to the characteristics, authenticity,
   13  effectiveness, or availability of personal protective equipment
   14  in any marketing or advertising material; on a website, social
   15  media platform, or other media; or by telephone, text message,
   16  mail, or e-mail, with the intent to obtain or receive any money
   17  or other valuable consideration.
   18         (a)Except as provided in paragraph (b), a person who
   19  violates this subsection commits a felony of the third degree,
   20  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   21         (b)A person who commits a second or subsequent violation
   22  of this subsection commits a felony of the second degree,
   23  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   24         (3)Prosecution for a violation of this section may be
   25  brought on behalf of the state by any state attorney or by the
   26  statewide prosecutor.
   27         (4)If the Attorney General reasonably believes that a
   28  person has committed a violation of this section, the Attorney
   29  General may institute a civil action for a violation of this
   30  section or to prevent a violation of this section. An action for
   31  relief may include a permanent or temporary injunction, a
   32  restraining order, or any other appropriate order.
   33         Section 2. Section 817.504, Florida Statutes, is created to
   34  read:
   35         817.504Offering or advertising a vaccine with intent to
   36  defraud.—
   37         (1)It is unlawful for any person to knowingly and
   38  willfully make a materially false or misleading statement or to
   39  knowingly and willfully disseminate false or misleading
   40  information regarding the availability of, or access to, a
   41  vaccine for the novel coronavirus “COVID-19” or a vaccine for
   42  any other pandemic disease in any marketing or advertising
   43  material; on a website, social media platform, or other media;
   44  or by telephone, text message, mail, or e-mail, with the intent
   45  to obtain another person’s personal identification information,
   46  as defined in s. 817.568(1)(f), or to obtain or receive any
   47  money or other valuable consideration.
   48         (a)Except as provided in paragraph (b), a person who
   49  violates this subsection commits a felony of the third degree,
   50  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   51         (b)A person who commits a second or subsequent violation
   52  of this subsection commits a felony of the second degree,
   53  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   54         (2)Prosecution for a violation of this section may be
   55  brought on behalf of the state by any state attorney or by the
   56  statewide prosecutor.
   57         (3)If the Attorney General reasonably believes that a
   58  person has committed a violation of this section, the Attorney
   59  General may institute a civil action for a violation of this
   60  section or to prevent a violation of this section. An action for
   61  relief may include a permanent or temporary injunction, a
   62  restraining order, or any other appropriate order.
   63  
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete lines 5 - 25
   67  and insert:
   68         prohibiting dissemination of false or misleading
   69         information relating to personal protective equipment
   70         under certain circumstances with specified intent;
   71         providing criminal penalties; authorizing a state
   72         attorney or the statewide prosecutor to prosecute a
   73         violation; authorizing the Attorney General to seek
   74         civil remedies; creating s. 817.504, F.S.; prohibiting
   75         dissemination of false or misleading vaccine
   76         information under certain circumstances with specified
   77         intent; providing criminal penalties; authorizing a
   78         state attorney or the statewide prosecutor to
   79         prosecute a violation; authorizing the Attorney
   80         General to seek civil remedies; amending s. 921.0022,
   81         F.S.; ranking offenses created by the act on the
   82         offense severity ranking chart of the Criminal
   83         Punishment Code; providing an effective date.