Offering or advertising a vaccine with intent to defraud.

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(1) It is unlawful for any person to knowingly and willfully make a materially false or misleading statement or to knowingly and willfully disseminate false or misleading information regarding the availability of, or access to, a vaccine for the novel coronavirus “COVID-19” or a vaccine for any other pandemic disease in any marketing or advertising material; on a website, social media platform, or other media; or by telephone, text message, mail, or e-mail, with the intent to obtain another person’s personal identification information, as defined in s. 817.568(1)(f), or to obtain or receive any money or other valuable consideration.

(a) Except as provided in paragraph (b), a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person who commits a second or subsequent violation of this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Prosecution for a violation of this section may be brought on behalf of the state by any state attorney or by the statewide prosecutor.

(3) If the Attorney General reasonably believes that a person has committed a violation of this section, the Attorney General may institute a civil action for a violation of this section or to prevent a violation of this section. An action for relief may include a permanent or temporary injunction, a restraining order, or any other appropriate order.

History.—s. 2, ch. 2021-34.


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