Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1608 Ì2307744Î230774 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/16/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 35 817.504 Offering 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.