Pandemics & Public Emergencies Committee - 9:00 - 10:00 AM 404 HOB Thursday, January 14, 2021 Meeting Packet - LobbyTools
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Pandemics & Public
Emergencies Committee
Thursday, January 14, 2021
9:00 – 10:00 AM
404 HOB
Meeting Packet
Chris Sprowls Tom Leek
Speaker ChairCommittee Meeting Notice
HOUSE OF REPRESENTATIVES
Pandemics & Public Emergencies Committee
Start Date and Time: Thursday, January 14, 2021 09:00 am
End Date and Time: Thursday, January 14, 2021 10:00 am
Location: Sumner Hall (404 HOB)
Duration: 1.00 hrs
Consideration of the following bill(s):
HB 9 Protecting Consumers Against Fraud During a Pandemic by Zika
COVID-19 Vaccination Planning and Implementation - Jared Moskowitz, Director, Florida Division of
Emergency Management
The Chair requests that all amendments should be filed by 6 p.m. on Wednesday, January 13, 2021,
including amendments filed by Members of the Committee.
This meeting will be live-streamed on https://thefloridachannel.org/. Audience seating will be socially
distanced and limited to the press and those persons wishing to provide substantive testimony on the filed
bills or draft legislation. Seating will be available on a first-come, first-served basis. Persons who wish to
attend must register at www.myfloridahouse.gov, and pick up a pass at the Legislative Welcome Center on
the 4th Floor of the Capitol beginning two hours before the start of the meeting. The pass will indicate
whether you will be seated in the main meeting room or in Mashburn Hall, 306 House, which has been made
available for onsite virtual testimony. Registration closes three hours before the meeting starts.
NOTICE FINALIZED on 01/07/2021 4:22PM by Ellerkamp.Donna
01/07/2021 04:22:02PM Leagis ® Page 1 of 1HB 9
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 9 Protecting Consumers Against Fraud During a Pandemic
SPONSOR(S): Zika
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Pandemics & Public Emergencies Committee Landry Hall
2) Criminal Justice & Public Safety Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
A pandemic is an outbreak of disease over multiple parts of the world. The most severe pandemic in recent
history occurred in 1918 and killed approximately 50 million people worldwide. Prior to 2019, the most recent
pandemic occurred in 2009 when the “swine flu” killed between 151,700 and 575,400 people worldwide during
the first year it circulated.
Coronaviruses are a family of viruses that cause mild to fatal upper-respiratory tract illnesses. In December
2019, a new strain of coronavirus emerged in Wuhan, China. The disease caused by the virus, COVID-19,
quickly spread worldwide. In March 2020, the World Health Organization declared COVID-19 a pandemic, and
the United States (U.S.) Federal Government began funding vaccine research, clinical trials, and
manufacturing capabilities. By early November, two vaccines with nearly 95 percent efficacy were ready for
review by the U.S. Food and Drug Administration (FDA). In December, the FDA approved the Pfizer-BioNTech
and Moderna COVID-19 vaccines for emergency use.
Since receiving COVID-19 vaccine doses, Florida’s vaccine distribution strategy continues to evolve. The
evolving distribution strategy and limited dosages have prompted scammers to prey on persons seeking
vaccination. In Florida, Internet pages posing as the Pasco and Pinellas County Health Departments charged
money for fake vaccination appointments and scammers attempting to obtain credit card information in return
for a vaccine appointment intercepted calls made to the Lee County COVID-19 vaccine registration hotline.
Other similar scams have appeared in Florida and other states. While some COVID-19 or other pandemic
vaccine scams may be criminalized under current law, other vaccine scams may not qualify as a crime and
stopping the fraudulent activity may be difficult.
HB 9 prohibits a person from knowingly and willfully making a false or misleading statement or disseminating
false or misleading information regarding the availability of, or access to, a vaccine for COVID-19 or any other
pandemic disease in marketing or advertising materials; on a website, social media platform, or other media; or
by telephone, text message, mail, or e-mail, for the purpose of obtaining another's personal identification
information or money or other valuable consideration. A first offense is a third degree felony, and a second or
subsequent offense is a second degree felony.
The bill authorizes the Florida Attorney General to initiate a civil action for an injunction, restraining order, or
other appropriate relief when he or she reasonably believes the crime has been committed. This authority
allows the Attorney General to shut down websites or other media platforms disseminating false information
about a vaccine for COVID-19 or any other pandemic disease, when done with fraudulent intent.
The bill may have an indeterminate positive impact on prison beds.
The bill is effective upon becoming a law.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0009.PPE
DATE: 1/8/2021FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Pandemics
A pandemic is an outbreak of disease over multiple parts of the world.1 The most severe pandemic in
recent history occurred in 1918 from a strain of the H1N1 influenza virus (H1N1) with genes of avian
origin, and killed approximately 50 million people worldwide.2 Prior to 2019, the most recent pandemic
occurred in 2009 when a new strain of H1N1 with genes of swine origin caused the “swine flu,” killing
between 151,700 and 575,400 people worldwide during the first year it circulated.3
COVID-19
Coronaviruses, named for crown-like spikes on the virus’s surface, are a family of viruses that can
cause upper-respiratory tract illnesses.4 There are seven known types of coronaviruses which can
cause mild to moderate symptoms, similar to the common cold, or more serious or fatal diseases. The
United States (U.S.) has previously experienced small outbreaks of coronaviruses. In November 2002,
SARS coronavirus, which causes severe acute respiratory syndrome (SARS), emerged, and in
September 2012, MERS coronavirus, which causes Middle East respiratory syndrome (MERS),
emerged.5
Most recently, in December 2019, an outbreak of a new strain of coronavirus, called Severe Acute
Respiratory Syndrome Coronavirus 2, began in Wuhan, China.6 The disease caused by this strain of
the coronavirus, coronavirus disease 2019 (COVID-19), quickly spread worldwide. Persons diagnosed
with COVID-19 report a wide range of symptoms including fever, cough, difficulty breathing, fatigue,
loss of taste or smell, sore throat, and congestion or runny nose. Adults aged 65 years or older and
people with preexisting underlying medical conditions, such as lung disease or diabetes, are at higher
risk of developing more serious COVID-19 complications. 7
In January 2020, the U.S. reported its first known case of COVID-19.8 Shortly thereafter, in February
2020, the first known death was reported in the U.S.9 In March 2020, Florida reported both the state's
first COVID-19 case and death.10 On March 11, 2020, the World Health Organization (WHO) declared
1 Johns Hopkins University & Medicine, Module 4: Epidemiology: Understanding the Spread of COVID-19,
https://coronavirus.jhu.edu/covid-19-basics/understanding-covid-19/module-4-epidemiology-understanding-the-spread-of-covid-19#/
(last visited Jan. 8, 2021).
2
Centers for Disease Control and Prevention, 1918 Pandemic (H1N1 virus), https://www.cdc.gov/flu/pandemic-resources/1918-
pandemic-h1n1.html (last visited Jan. 8, 2021).
3 Centers for Disease Control and Prevention, 2009 H1N1 Pandemic (H1N1pdm09 virus), https://www.cdc.gov/flu/pandemic-
resources/2009-h1n1-pandemic.html (last visited Jan. 8, 2021).
4 Centers for Disease Control and Prevention, Human Coronavirus Types, https://www.cdc.gov/coronavirus/types.html (last visited Jan.
8, 2021).
5 National Institute of Allergy and Infectious Diseases, Coronaviruses, https://www.niaid.nih.gov/diseases-conditions/coronaviruses (last
visited Jan. 8, 2021).
6 World Health Organization, Novel coronavirus—China, https://www.who.int/csr/don/12-january-2020-novel-coronavirus-china/en/ (last
visited Jan. 8, 2021).
7 Centers for Disease Control and Prevention, Symptoms of Coronavirus, https://www.cdc.gov/coronavirus/2019-ncov/symptoms-
testing/symptoms.html (last visited Jan. 8, 2021).
8 Michelle L. Holshue, M.P.H., First case of 2019 novel coronavirus in the United States, The New England Journal of Medicine (March
5, 2020), https://www.nejm.org/doi/full/10.1056/NEJMoa2001191 (last visited Jan. 8, 2021).
9 Centers for Disease Control and Prevention, Washington state reports first COVID–19 death,
https://www.cdc.gov/media/releases/2020/s0229-COVID-19-first-death.html (last visited Jan. 8, 2021).
10 Florida Department of Health, Department of Health Announces Two Presumptive Positive COVID-19 Cases in Florida,
http://www.floridahealth.gov/newsroom/2020/03/030120-two-presumptive-positive-covid19-cases.pr.html (last visited Jan. 8, 2021).
STORAGE NAME: h0009.PPE PAGE: 2
DATE: 1/8/2021COVID–19 a pandemic.11 As the virus spreads, the number of reported cases nationally and in Florida
continues to increase. As of January 8, 2021, Florida confirmed 1,429,722 positive cases of COVID-19
since the start of the pandemic.12
COVID-19 Response
In an effort to limit the spread of COVID-19, in March 2020, Governor DeSantis began issuing a series
of executive orders13 declaring a public health emergency, shutting down non-essential businesses and
schools, and encouraging citizens to stay at home.14 The Centers for Disease Control and Prevention
(CDC) issued social distancing guidelines and instructions for wearing face coverings.15
The Federal government initiated “Operation Warp Speed” (OWS), launching a partnership among the
U.S. Department of Health and Human Services, the CDC, the National Institutes of Health, the
Biomedical Advanced Research and Development Authority, and the Department of Defense. As part
of a broader strategy to accelerate the development, manufacture, and distribution of COVID-19
countermeasures, including vaccines, therapeutics, and diagnostics, OWS's primary goal is to produce
and deliver safe and effective vaccines. OWS pledged that any vaccine or therapeutic doses purchased
with U.S. taxpayer money would be administered to Americans at no cost.16
In December 2020, the U.S. Food and Drug Administration (FDA) granted Pfizer/BioNTech’s and
Moderna’s COVID-19 vaccines Emergency Use Authorization.17 Both vaccines require two separate
doses. Florida initially received 179,400 doses of the Pfizer/BioNTech vaccine to use in hospitals and
long term care facilities and began vaccinations on December 14, 2020.18 Florida later received
approximately 367,000 doses of the Moderna vaccine, which were distributed to 173 hospitals.19
On December 23, 2020, Governor DeSantis issued Executive Order 20-315 prioritizing vaccine
recipients. The order requires administering COVID-19 vaccines only to priority populations, including:
Long term care facility residents and staff;
Persons 65 years of age or older;
Health care personnel with direct patient contact; or
Any person a hospital provider deems to be extremely vulnerable to COVID-19.20
Florida’s strategy for administering the COVID-19 vaccine is continuously evolving. The state continues
to receive additional shipments of the vaccine, but availability remains limited. As of January 8, 2021,
384,223 people have received the first vaccine dose, while 14,601 people have completed the
11 World Health Organization, WHO Director-General, Speeches, WHO Director-General’s opening remarks at the media briefing on
COVID–19, https://www.who.int/director-general/speeches/detail/who-director-general-s-opening-remarks-at-the-media-briefing-on-
covid-19---11-march-2020 (last visited Jan. 8, 2021).
12 Florida Department of Health, Florida’s COVID-19 Data and Surveillance Dashboard, Florida Cases,
https://experience.arcgis.com/experience/96dd742462124fa0b38ddedb9b25e429/ (last visited Jan. 8, 2021).
13
Florida Governor Ron DeSantis, 2020 Executive Orders, https://www.flgov.com/2020-executive-orders/ (last visited Jan. 8, 2021).
14 Fla. Exec. Order No. 20-51 (Mar. 1, 2020).
15 Centers for Disease Control and Prevention, COVID-19, Social Distancing, https://www.cdc.gov/coronavirus/2019-ncov/prevent-
getting-sick/social-distancing.html (last visited Jan. 8, 2021).
16 U.S. Department of Health & Human Services, Fact Sheet: Explaining Operation Warp Speed,
https://www.hhs.gov/coronavirus/explaining-operation-warp-speed/index.html (last visited Jan. 8, 2021).
17 U.S. Food and Drug Administration, Pfizer-BioNTech COVID-19 Vaccine, https://www.fda.gov/emergency-preparedness-and-
response/coronavirus-disease-2019-covid-19/pfizer-biontech-covid-19-vaccine (last visited Jan. 8, 2021). Emergency use authorization
is a mechanism for facilitating the availability and use of medical countermeasures, such as vaccines, during public health
emergencies. See U.S. Food and Drug Administration, Emergency Use Authorization for Vaccines Explained,
https://www.fda.gov/vaccines-blood-biologics/vaccines/emergency-use-authorization-vaccines-explained (last visited Jan. 8, 2021).
18 Florida Governor Ron DeSantis, News Release, Governor Ron DeSantis Provides Update on COVID-19 Vaccine Distribution Plan,
https://www.flgov.com/2020/12/10/governor-ron-desantis-provides-update-on-covid-19-vaccine-distribution-plan-2/ (last visited Jan. 8,
2021).
19 Florida Governor Ron DeSantis, News Release, Governor Ron DeSantis Announces Distribution Plan for Allocation of Moderna
COVID-19 Vaccine, https://flgov.com/2020/12/16/governor-ron-desantis-announces-distribution-plan-for-allocation-of-moderna-covid-
19-vaccine/ (last visited Jan. 8, 2021).
20 Fla. Exec. Order No. 20-315 (Dec. 23, 2020).
STORAGE NAME: h0009.PPE PAGE: 3
DATE: 1/8/2021vaccination series.21 The Governor frequently announces updates as the state receives additional
vaccine shipments and private and local distribution partnerships are established. Counties are
authorized to implement local processes for administering the vaccine to people over the age of 65.
Several counties have opted to use Eventbrite, a digital event management and ticketing website,
which allows residents to register online for vaccine appointments.22
COVID-19 Scams
The high demand for COVID-19 vaccines or other treatments has created an opportunity for criminals
seeking to profit from desperate consumers by offering or selling counterfeit or substandard vaccines
and treatments.23 The Department of Homeland Security launched Operation Stolen Promises 2.0,
aimed at identifying and preventing the production, sale, and distribution of unapproved or unauthorized
COVID-19 products and drugs and combatting the threat of counterfeit vaccines, treatments, and
supplies.24
Emerging scams have also prompted Federal, state, and local authorities to issue warnings to the
public to avoid fraudulent activity related to the COVID-19 vaccine. The Federal Trade Commission
published guidance on how to identify and avoid COVID-19 vaccine scams, warning consumers not to:
Pay to put their name on a list to get the vaccine;
Pay to gain early access to the vaccine; or
Provide their social security number, bank account, or credit card number to get the vaccine.25
The U.S. Department of Health and Human Services,26 U.S. Department of Justice,27 and Federal
Bureau of Investigation28 have issued similar warnings and released information on how to report a
suspected COVID-19 related scam. Since the COVID-19 emergency declaration in March 2020,
Florida’s Attorney General (AG) has issued more than 30 consumer alerts warning Floridians about
emerging scams and providing tips to avoid falling victim to fraud.29
Despite public warnings, on January 4, 2021, scammers created fake Eventbrite accounts posing as
the Pasco and Pinellas County Health Departments offering to take payment in exchange for COVID-19
vaccination appointments.30 On the same day, scammers attempting to obtain credit card information in
return for a vaccine appointment intercepted calls made to the Lee County COVID-19 vaccine
registration hotline.31 In response to these new scams, on January 7, 2021, the AG warned Florida
21 Florida Department of Health, COVID-19: Vaccine Summary,
http://ww11.doh.state.fl.us/comm/_partners/covid19_report_archive/vaccine/vaccine_report_latest.pdf (last visited Jan. 8, 2021).
22 Siladitya Ray, Florida Seniors Duped Into Paying For Covid Vaccination Appointments On Eventbrite, Forbes (Jan. 5, 2021),
https://www.forbes.com/sites/siladityaray/2021/01/05/florida-seniors-duped-into-paying-for-covid-vaccination-appointments-on-
eventbrite/?sh=4ae21e2a4933 (last visited Jan. 8, 2021).
23 Department of Homeland Security, Homeland Security Investigations: Operation Stolen Promise-An Initiative Targeting Covid-19
Fraud, https://www.ice.gov/topics/operation-stolen-promise#:~
:text=S.%20Immigration%20and%20Customs%20Enforcement%20(ICE)%20Homeland%20Security,threat%20posed%20by%20COVI
D-19-related%20fraud%20and%20criminal%20activity (last visited Jan. 8, 2021).
24 U.S. Immigration and Customs Enforcement, Department of Homeland Security, ICE pivots to combat COVID-19 vaccine fraud with
launch of Operation Stolen Promise 2.0, https://www.ice.gov/news/releases/ice-pivots-combat-covid-19-vaccine-fraud-launch-operation-
stolen-promise-20 (last visited Jan. 8, 2021).
25 Federal Trade Commission, FTC Issues Consumer Tips for Avoiding COVID-19 Vaccine Scams, https://www.ftc.gov/news-
events/press-releases/2020/12/ftc-issues-consumer-tips-avoiding-covid-19-vaccine-scams (last visited Jan. 8, 2021).
26 U.S. Department of Health & Human Services, Office of Inspector General, COVID-19 Fraud, https://oig.hhs.gov/coronavirus/fraud-
alert-covid19.asp?utm_source=web&utm_medium=web&utm_campaign=covid19-fraud-alert (last visited Jan. 8, 2021).
27 U.S. Department of Justice, Combatting Coronavirus Fraud, https://www.justice.gov/coronavirus (last visited Jan. 8, 2021).
28 Federal Bureau of Investigation, FBI Urges Vigilance During COVID-19 Pandemic, https://www.fbi.gov/coronavirus (last visited Jan.
8, 2021).
29 ABC7 News Staff, AG Moody warns of COVID vaccine appointment scams, (January 7, 2021), https://www.msn.com/en-
us/news/politics/ag-moody-warns-of-covid-vaccine-appointment-scams/ar-BB1cyX98?ocid=uxbndlbing (last visited Jan. 8, 2021).
30 Supra note 22.
31 David Dorsey, Scammers intercept unknown number of Lee County COVID-19 vaccine hotline calls, News-Press (January 6, 2021),
https://www.news-press.com/story/news/2021/01/06/scammers-intercept-unknown-number-lee-county-covid-19-vaccine-hotline-
calls/6561370002/ (last visited Jan. 8, 2021).
STORAGE NAME: h0009.PPE PAGE: 4
DATE: 1/8/2021consumers to avoid COVID-19 vaccine scams that involve misleading webpages charging for vaccine
appointments.32
Current Crimes
Theft
A person commits theft when he or she knowingly obtains or uses, or endeavors to obtain or use, the
property of another with intent to, either temporarily or permanently:
Deprive the other person of a right to the property or a benefit from the property;33 or
Appropriate the property to his or her own use or to the use of any person not entitled to the use
of the property.34
Section 812.014, F.S., defines theft offenses and generally categorizes the offense level based on the
value of the property stolen. Whether a theft is a misdemeanor or a felony may also depend on the
offender’s prior history of theft convictions or the type of property stolen. The offense levels for theft
crimes based on property value thresholds range from a second degree misdemeanor to a first degree
felony.35
Fraudulent Practices
Chapter 817, F.S., prohibits fraudulent practices against individuals, corporations, and governments,
including, in relevant part:
Providing misleading advertisements36 – a first or second degree misdemeanor;37
Misleading solicitation of payments – a second degree misdemeanor fine;38
Obtaining property by fraudulent promise to furnish inside information39 – a third degree
felony;40 and
Unlawful possession of the personal identification information of another person41 – a first
degree misdemeanor or third degree felony.
Criminal Use of Personal Identification Information
Section 817.568, F.S., prohibits the criminal use of another person’s personal identification information
(PII).42 PII is a name or number that may be used, alone or in conjunction with any other information, to
identify a specific person. Section 817.568(1)(f), F.S., lists several examples of PII, including:
A name;
An address;
Contact information, such as a telephone number or email address;
A social security number;
A date of birth;
A mother's maiden name;
An official state- or federally-issued driver license or identification number;
32 Attorney General Ashley Moody, CONSUMER ALERT: Do Not Pay to Reserve a COVID-19 Vaccine Appointment,
http://www.myfloridalegal.com/newsrel.nsf/newsreleases/B2E0EC4EB79177A085258656006133B1 (last visited Jan. 8, 2021).
33 S. 812.014(1)(a), F.S.
34 S. 812.014(1)(b), F.S.
35 See ch. 812, F.S. A first degree felony is punishable by up to 30 years imprisonment and a $10,000 fine. Ss. 775.082 and 775.083,
F.S.
36 Ss. 817.06 and 817.44, F.S.
37 S. 817.45, F.S. A first degree misdemeanor is punishable by up to one year in county jail and a $1,000 fine and a second degree
misdemeanor is punishable by up to 60 days in jail and a $500 fine. Ss. 775.082 and 775.083, F.S.
38 Ss. 817.061 and 775.083, F.S.
39 S. 817.11, F.S.
40 A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss 775.082 and 775.083, F.S.
41 S. 817.5685, F.S.
42 S. 817.568, F.S.
STORAGE NAME: h0009.PPE PAGE: 5
DATE: 1/8/2021 Another identification number, such as an alien registration number, government passport
number, employer or taxpayer identification number, Medicaid or food assistance account
number, bank, credit, or debit card number;
Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique
physical representation;
Unique electronic identification number, address, or routing code;
Medical records;
Telecommunication identifying information or access device; or
Any other number or information that can be used to access a person's financial resources.
Any person who willfully and without authorization fraudulently uses, or possesses with intent to
fraudulently use, another person’s PII without that person’s consent, commits the offense of fraudulent
use of personal identification information, a third degree felony. However, the offense level and
potential sanctions43 increase for a violation, based on the dollar amount of the benefit or value
received by an offender, the dollar amount of the injury or fraud perpetrated on a victim, the number of
victims from which an offender takes PII, the age or status of the victim or victims, and the offender’s
relationship to the victim.44
Florida does not specifically criminalize fraud relating to vaccine scams intended to obtain money or
personal identification information from another person. While some COVID-19 or other pandemic
vaccine scams may be prosecuted under current law, other fraudulent vaccine scams may not qualify
as a crime and stopping the fraudulent activity may be difficult.
Venue
Venue means the county, district, or other geographical area or location in which a cause of action is to
be tried. In a criminal case, venue is the county in which the information or indictment is filed and the
trial takes place. An accused person has the right to a speedy and public trial by an impartial jury in the
county where the crime was committed.45 Venue for out-of-state crimes may be determined by the
legislature.46
Generally, when a crime is commenced outside the state but completed within the state or commenced
within the state but completed outside the state, venue is proper in the county where the in-state portion
of the crime took place.47 However, a person charged with committing any crime facilitated by
communication by mail, telephone, newspaper, radio, television, Internet, or any other means of
electronic data communication may be charged and tried in the county in which: the dissemination
originated; the dissemination was made; or any act necessary to consummate the offense occurred.48
Any communication made by or made available through the use of the Internet is considered to be
made in every county within the state.49
The Attorney General
The Attorney General (AG) is charged with performing the duties prescribed by the Florida Constitution
and such other duties appropriate to his or her office as may be required by law or by resolution of the
Legislature.50 The AG is recognized as the chief law officer of the State and, absent express legislative
restriction, may exercise such power and authority as the public interest may require. The AG is also
the head of the Department of Legal Affairs (DLA). DLA is responsible for providing all legal services
43 Several offenses include a mandatory minimum sentence. See ss. 817.568(2)(b)–(c), 817.568(3), and 817.568(8)(b)–(c), F.S.
44 See s. 817.568(2)–(11), F.S.
45 Art. 1, s. 16, Fla. Const.; S. 910.03, F.S.
46 Id.
47 S. 910.01, F.S.
48 S. 910.15, F.S.
49 Id.
50 S. 16.01(2), F.S.
STORAGE NAME: h0009.PPE PAGE: 6
DATE: 1/8/2021required by any executive department unless otherwise provided by law. The AG may authorize other
counsel where emergency circumstances exist and must authorize other counsel when a professional
conflict of interest exists. The Office of Statewide Prosecution (OSP) is a part of the DLA and is
responsible for prosecuting crimes impacting two or more judicial circuits in the state. The Statewide
Prosecutor is appointed by the AG and serves a four-year term.51 The OSP focuses mainly on complex,
often large scale, organized criminal activity.52
As chief legal officer of the State, the AG may bring actions on behalf of Floridians.53 The AG may also
institute a civil action for a violation, or to prevent a violation, of certain activities. For example, the AG
is authorized to institute a civil action to:
Stop a violation of, or prevent a violation of, certain voter registration and ballot initiative laws;54
Seek declaratory or injunctive relief55 against an entity violating federal immigration policies;56
Maintain an action for injunctive relief against any person or entity violating the Environmental
Protection Act;57 or
Enjoin any person who has violated, is violating, or is otherwise likely to violate any portion of
the Florida Deceptive and Unfair Trade Practices Act.58
Effect of Proposed Changes
HB 9 creates a crime to penalize a person who, for the purpose of obtaining another's PII or money or
other valuable consideration, knowingly and willfully makes a false or misleading statement or
disseminates false or misleading information regarding the availability of, or access to, a vaccine for
COVID-19 or any other pandemic disease via:
Marketing or advertising materials;
Website, social media platform, or other media; or
Telephone, text message, mail, or e-mail.
Under the bill, PII has the same meaning as provided in s. 817.568(1)(f), F.S., and generally includes
any name or number that may be used, alone or in conjunction with any other information, to identify a
specific person, including, but not limited to, information such as a person's name, postal or e-mail
address, telephone number, social security number, date of birth, driver license or identification
number, government passport number, bank account, credit, or debit card number, or medical records.
Under the bill, a first offense of offering or advertising a vaccine with intent to defraud is a third degree
felony, while a second or subsequent offense is a second degree felony.
The bill authorizes the AG to initiate a civil action for an injunction, restraining order, or other
appropriate relief if he or she reasonably believes the crime has been committed or to prevent the
commission of the crime. Such authority gives the AG the ability to shut down websites and other
media platforms disseminating false information about the availability of a vaccine for COVID-19 or any
other pandemic disease for the purpose of obtaining PII or money or other valuable consideration.
The bill ensures that an individual perpetrating a vaccine scam during a pandemic may be prosecuted,
and his or her illegal activity stopped.
The bill is effective upon becoming a law.
51 S. 16.56, F.S.
52 Ss. 896.101 and 16.56(1)(a)13., F.S.
53 See e.g., s. 736.0110, F.S., relating to charitable trusts.
54 See ss. 97.0575(4) and 100.371(8), F.S.
55 An injunction is a court order requiring a person to do or stop doing a specific action. S. 60.05(2), F.S.
56 S. 908.107(2), F.S.
57 S. 403.412(2)(a), F.S.
58 Ss. 501.201-213, F.S.
STORAGE NAME: h0009.PPE PAGE: 7
DATE: 1/8/2021B. SECTION DIRECTORY:
Section 1: Creates s. 817.504, F.S., relating to offering or advertising vaccine with intent to defraud.
Section 2: Amends s. 921.0022, F.S., relating to Criminal Punishment Code; offense severity ranking
chart.
Section 3: Provides an effective date of upon becoming a law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate positive impact on prison beds by creating a new felony offense
of offering or advertising a vaccine with intent to defraud.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: h0009.PPE PAGE: 8
DATE: 1/8/2021F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 9 2021
1 A bill to be entitled
2 An act relating to protecting consumers against fraud
3 during a pandemic; creating s. 817.504, F.S.;
4 prohibiting dissemination of false or misleading
5 vaccine information in certain circumstances with
6 specified intent; providing criminal penalties;
7 authorizing a state attorney or the statewide
8 prosecutor to prosecute a violation; authorizing the
9 Attorney General to seek civil remedies; amending s.
10 921.0022, F.S.; ranking offenses created by the act on
11 the offense severity ranking chart; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 817.504, Florida Statutes, is created
17 to read:
18 817.504 Offering or advertising vaccine with intent to
19 defraud.—
20 (1) It is unlawful for any person to knowingly and
21 willfully make a materially false or misleading statement or to
22 disseminate false or misleading information regarding the
23 availability of, or access to, a vaccine for the novel
24 coronavirus "COVID-19" or a vaccine for any other pandemic
25 disease in marketing or advertising materials, on a website,
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26 social media platform, or other media, or by telephone, text
27 message, mail, or e-mail, with the intent to obtain another
28 person's personal identification information, as defined in s.
29 817.568(1)(f), or to obtain or receive any money or other
30 valuable consideration.
31 (a) Except as provided in paragraph (b), a person who
32 violates this subsection commits a felony of the third degree,
33 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
34 (b) A person who commits a second or subsequent violation
35 of this subsection commits a felony of the second degree,
36 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
37 (2) Prosecution for a violation of this section may be
38 brought on behalf of the state by any state attorney or by the
39 statewide prosecutor.
40 (3) If the Attorney General reasonably believes that a
41 person has committed a violation of this section, the Attorney
42 General may institute a civil action for a violation of this
43 section or to prevent a violation of this section. An action for
44 relief may include a permanent or temporary injunction, a
45 restraining order, or any other appropriate order.
46 Section 2. Paragraphs (g) and (h) of subsection (3) of
47 section 921.0022, Florida Statutes, are amended to read:
48 921.0022 Criminal Punishment Code; offense severity
49 ranking chart.—
50 (3) OFFENSE SEVERITY RANKING CHART
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51 (g) LEVEL 7
52
Florida Felony
Statute Degree Description
53
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
54
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
55
316.1935(3)(b) 1st Causing serious bodily injury
or death to another person;
driving at high speed or with
wanton disregard for safety
while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
56
327.35(3)(c)2. 3rd Vessel BUI resulting in serious
bodily injury.
57
402.319(2) 2nd Misrepresentation and
negligence or intentional act
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resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
58
409.920 3rd Medicaid provider fraud;
(2)(b)1.a. $10,000 or less.
59
409.920 2nd Medicaid provider fraud; more
(2)(b)1.b. than $10,000, but less than
$50,000.
60
456.065(2) 3rd Practicing a health care
profession without a license.
61
456.065(2) 2nd Practicing a health care
profession without a license
which results in serious bodily
injury.
62
458.327(1) 3rd Practicing medicine without a
license.
63
459.013(1) 3rd Practicing osteopathic medicine
without a license.
64
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460.411(1) 3rd Practicing chiropractic
medicine without a license.
65
461.012(1) 3rd Practicing podiatric medicine
without a license.
66
462.17 3rd Practicing naturopathy without
a license.
67
463.015(1) 3rd Practicing optometry without a
license.
68
464.016(1) 3rd Practicing nursing without a
license.
69
465.015(2) 3rd Practicing pharmacy without a
license.
70
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
71
467.201 3rd Practicing midwifery without a
license.
72
468.366 3rd Delivering respiratory care
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services without a license.
73
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
74
483.901(7) 3rd Practicing medical physics
without a license.
75
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
76
484.053 3rd Dispensing hearing aids without
a license.
77
494.0018(2) 1st Conviction of any violation of
chapter 494 in which the total
money and property unlawfully
obtained exceeded $50,000 and
there were five or more
victims.
78
560.123(8)(b)1. 3rd Failure to report currency or
payment instruments exceeding
$300 but less than $20,000 by a
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money services business.
79
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
80
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
81
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
82
775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
83
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
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conceal a sexual predator.
84
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
85
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
86
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
87
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
88
784.045(1)(a)1. 2nd Aggravated battery;
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intentionally causing great
bodily harm or disfigurement.
89
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
90
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
91
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
92
784.048(7) 3rd Aggravated stalking; violation
of court order.
93
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
94
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
95
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
96
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784.081(1) 1st Aggravated battery on specified
official or employee.
97
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
98
784.083(1) 1st Aggravated battery on code
inspector.
99
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
100
787.06(3)(e)2. 1st Human trafficking using
coercion for labor and services
by the transfer or transport of
an adult from outside Florida
to within the state.
101
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
102
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790.16(1) 1st Discharge of a machine gun
under specified circumstances.
103
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
104
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
105
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
106
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
107
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
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108
794.08(4) 3rd Female genital mutilation;
consent by a parent, guardian,
or a person in custodial
authority to a victim younger
than 18 years of age.
109
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
110
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
111
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
112
800.04(5)(c)2. 2nd Lewd or lascivious molestation;
victim 12 years of age or older
but younger than 16 years of
age; offender 18 years of age
or older.
113
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800.04(5)(e) 1st Lewd or lascivious molestation;
victim 12 years of age or older
but younger than 16 years;
offender 18 years or older;
prior conviction for specified
sex offense.
114
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
115
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
116
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
117
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
118
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
119
812.014(2)(a)1. 1st Property stolen, valued at
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$100,000 or more or a
semitrailer deployed by a law
enforcement officer; property
stolen while causing other
property damage; 1st degree
grand theft.
120
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
121
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
122
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
123
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
124
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
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in stolen property.
125
812.131(2)(a) 2nd Robbery by sudden snatching.
126
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
127
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
128
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
129
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
130
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
131
817.2341 1st Making false entries of
(2)(b) & material fact or false
(3)(b) statements regarding property
values relating to the solvency
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of an insuring entity which are
a significant cause of the
insolvency of that entity.
132
817.504(1)(a) 3rd Offering or advertising vaccine
with intent to defraud.
133
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
134
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
135
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
disfigurement.
136
825.103(3)(b) 2nd Exploiting an elderly person or
disabled adult and property is
valued at $10,000 or more, but
less than $50,000.
137
827.03(2)(b) 2nd Neglect of a child causing
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great bodily harm, disability,
or disfigurement.
138
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
139
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
140
838.015 2nd Bribery.
141
838.016 2nd Unlawful compensation or reward
for official behavior.
142
838.021(3)(a) 2nd Unlawful harm to a public
servant.
143
838.22 2nd Bid tampering.
144
843.0855(2) 3rd Impersonation of a public
officer or employee.
145
843.0855(3) 3rd Unlawful simulation of legal
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process.
146
843.0855(4) 3rd Intimidation of a public
officer or employee.
147
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
148
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
149
872.06 2nd Abuse of a dead human body.
150
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
151
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
152
893.13(1)(c)1. 1st Sell, manufacture, or deliver
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cocaine (or other drug
prohibited under s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
153
893.13(1)(e)1. 1st Sell, manufacture, or deliver
cocaine or other drug
prohibited under s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.,
within 1,000 feet of property
used for religious services or
a specified business site.
154
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
155
893.135(1)(a)1. 1st Trafficking in cannabis, more
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than 25 lbs., less than 2,000
lbs.
156
893.135 1st Trafficking in cocaine, more
(1)(b)1.a. than 28 grams, less than 200
grams.
157
893.135 1st Trafficking in illegal drugs,
(1)(c)1.a. more than 4 grams, less than 14
grams.
158
893.135 1st Trafficking in hydrocodone, 28
(1)(c)2.a. grams or more, less than 50
grams.
159
893.135 1st Trafficking in hydrocodone, 50
(1)(c)2.b. grams or more, less than 100
grams.
160
893.135 1st Trafficking in oxycodone, 7
(1)(c)3.a. grams or more, less than 14
grams.
161
893.135 1st Trafficking in oxycodone, 14
(1)(c)3.b. grams or more, less than 25
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grams.
162
893.135 1st Trafficking in fentanyl, 4
(1)(c)4.b.(I) grams or more, less than 14
grams.
163
893.135 1st Trafficking in phencyclidine,
(1)(d)1.a. 28 grams or more, less than 200
grams.
164
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5
kilograms.
165
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
166
893.135 1st Trafficking in flunitrazepam, 4
(1)(g)1.a. grams or more, less than 14
grams.
167
893.135 1st Trafficking in gamma-
(1)(h)1.a. hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
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kilograms.
168
893.135 1st Trafficking in 1,4-Butanediol,
(1)(j)1.a. 1 kilogram or more, less than 5
kilograms.
169
893.135 1st Trafficking in Phenethylamines,
(1)(k)2.a. 10 grams or more, less than 200
grams.
170
893.135 1st Trafficking in synthetic
(1)(m)2.a. cannabinoids, 280 grams or
more, less than 500 grams.
171
893.135 1st Trafficking in synthetic
(1)(m)2.b. cannabinoids, 500 grams or
more, less than 1,000 grams.
172
893.135 1st Trafficking in n-benzyl
(1)(n)2.a. phenethylamines, 14 grams or
more, less than 100 grams.
173
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
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174
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
175
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
176
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; failure to
comply with reporting
requirements.
177
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
178
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
179
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943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
180
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
181
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
182
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
183
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
184
944.607(13) 3rd Sexual offender; failure to
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report and reregister; failure
to respond to address
verification; providing false
registration information.
185
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
186
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
187
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
188
189 (h) LEVEL 8
190
Florida Felony
Statute Degree Description
191
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316.193 2nd DUI manslaughter.
(3)(c)3.a.
192
316.1935(4)(b) 1st Aggravated fleeing or attempted
eluding with serious bodily
injury or death.
193
327.35(3)(c)3. 2nd Vessel BUI manslaughter.
194
499.0051(6) 1st Knowing trafficking in
contraband prescription drugs.
195
499.0051(7) 1st Knowing forgery of prescription
labels or prescription drug
labels.
196
560.123(8)(b)2. 2nd Failure to report currency or
payment instruments totaling or
exceeding $20,000, but less
than $100,000 by money
transmitter.
197
560.125(5)(b) 2nd Money transmitter business by
unauthorized person, currency
or payment instruments totaling
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or exceeding $20,000, but less
than $100,000.
198
655.50(10)(b)2. 2nd Failure to report financial
transactions totaling or
exceeding $20,000, but less
than $100,000 by financial
institutions.
199
777.03(2)(a) 1st Accessory after the fact,
capital felony.
200
782.04(4) 2nd Killing of human without design
when engaged in act or attempt
of any felony other than arson,
sexual battery, robbery,
burglary, kidnapping,
aggravated fleeing or eluding
with serious bodily injury or
death, aircraft piracy, or
unlawfully discharging bomb.
201
782.051(2) 1st Attempted felony murder while
perpetrating or attempting to
perpetrate a felony not
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enumerated in s. 782.04(3).
202
782.071(1)(b) 1st Committing vehicular homicide
and failing to render aid or
give information.
203
782.072(2) 1st Committing vessel homicide and
failing to render aid or give
information.
204
787.06(3)(a)1. 1st Human trafficking for labor and
services of a child.
205
787.06(3)(b) 1st Human trafficking using
coercion for commercial sexual
activity of an adult.
206
787.06(3)(c)2. 1st Human trafficking using
coercion for labor and services
of an unauthorized alien adult.
207
787.06(3)(e)1. 1st Human trafficking for labor and
services by the transfer or
transport of a child from
outside Florida to within the
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state.
208
787.06(3)(f)2. 1st Human trafficking using
coercion for commercial sexual
activity by the transfer or
transport of any adult from
outside Florida to within the
state.
209
790.161(3) 1st Discharging a destructive
device which results in bodily
harm or property damage.
210
794.011(5)(a) 1st Sexual battery; victim 12 years
of age or older but younger
than 18 years; offender 18
years or older; offender does
not use physical force likely
to cause serious injury.
211
794.011(5)(b) 2nd Sexual battery; victim and
offender 18 years of age or
older; offender does not use
physical force likely to cause
serious injury.
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212
794.011(5)(c) 2nd Sexual battery; victim 12 years
of age or older; offender
younger than 18 years; offender
does not use physical force
likely to cause injury.
213
794.011(5)(d) 1st Sexual battery; victim 12 years
of age or older; offender does
not use physical force likely
to cause serious injury; prior
conviction for specified sex
offense.
214
794.08(3) 2nd Female genital mutilation,
removal of a victim younger
than 18 years of age from this
state.
215
800.04(4)(b) 2nd Lewd or lascivious battery.
216
800.04(4)(c) 1st Lewd or lascivious battery;
offender 18 years of age or
older; prior conviction for
specified sex offense.
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217
806.01(1) 1st Maliciously damage dwelling or
structure by fire or explosive,
believing person in structure.
218
810.02(2)(a) 1st,PBL Burglary with assault or
battery.
219
810.02(2)(b) 1st,PBL Burglary; armed with explosives
or dangerous weapon.
220
810.02(2)(c) 1st Burglary of a dwelling or
structure causing structural
damage or $1,000 or more
property damage.
221
812.014(2)(a)2. 1st Property stolen; cargo valued
at $50,000 or more, grand theft
in 1st degree.
222
812.13(2)(b) 1st Robbery with a weapon.
223
812.135(2)(c) 1st Home-invasion robbery, no
firearm, deadly weapon, or
other weapon.
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224
817.504(1)(b) 2nd Offering or advertising vaccine
with intent to defraud; second
or subsequent offense.
225
817.505(4)(c) 1st Patient brokering; 20 or more
patients.
226
817.535(2)(b) 2nd Filing false lien or other
unauthorized document; second
or subsequent offense.
227
817.535(3)(a) 2nd Filing false lien or other
unauthorized document; property
owner is a public officer or
employee.
228
817.535(4)(a)1. 2nd Filing false lien or other
unauthorized document;
defendant is incarcerated or
under supervision.
229
817.535(5)(a) 2nd Filing false lien or other
unauthorized document; owner of
the property incurs financial
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loss as a result of the false
instrument.
230
817.568(6) 2nd Fraudulent use of personal
identification information of
an individual under the age of
18.
231
817.611(2)(c) 1st Traffic in or possess 50 or
more counterfeit credit cards
or related documents.
232
825.102(2) 1st Aggravated abuse of an elderly
person or disabled adult.
233
825.1025(2) 2nd Lewd or lascivious battery upon
an elderly person or disabled
adult.
234
825.103(3)(a) 1st Exploiting an elderly person or
disabled adult and property is
valued at $50,000 or more.
235
837.02(2) 2nd Perjury in official proceedings
relating to prosecution of a
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