Pandemic scam bill headed to Governor’s desk

After consumers were defrauded millions during the pandemic, the state’s fraud laws are likely about to get an update.

All Senators supported a measure to make certain pandemic scams chargeable offenses Tuesday. The House already passed the bill (HB 9), meaning it’s now ready for Gov. Ron DeSantis‘ signature.

Land O’ Lakes Rep. Adrian Zika carried the bill in the House. It was the first bill to pass the lower chamber this Session.

Officials at all levels of government have been warning people about scams promising vaccines or PPE in exchange for money, Zika said.

Sen. Aaron Bean carried the bill in the Senate.

“This bill says ‘no’ when it comes to people trying to cheat Floridians when it comes to the pandemic,” Bean said. “This bill criminalizes using pandemic for fraud or rip-offs for scams where there’s PPE or vaccine.”

Befuddled consumers during the pandemic paid for unproven COVID-19 test kits, provided personal information for vaccine appointments that never existed or found out someone used their information to file for unemployment benefits.

Data shows pandemic scams were occurring nationwide. More than 19,000 new websites selling Personal Protective Equipment (PPE) emerged as COVID-19 began to spread in the U.S., resulting in numerous reports of sites taking orders, accepting payment, and failing to deliver products, according to the Department of Homeland Security

The South Florida U.S. Attorney’s Office has so far filed a total of 38 COVID-19 financial fraud cases, with fraud scheme dollar amounts totaling more than $75 million.

While some of the pandemic scams can be prosecuted under current Florida law, stopping other fraudulent activity has been difficult because state laws aren’t equipped to handle vaccine-related frauds. The bill solves that problem by creating two crimes.

The bill creates a third degree felony for pretending to sell Personal Protective Equipment (PPE), and another third degree felony for making false statements or offers for a vaccine in marketing materials or through electronic communications during a pandemic.

If a person commits either of the offenses a second time, the charge becomes a second degree felony.

During debate Miami Sen. Jason Pizzo shared a story about a recent issue in his district.

“Yesterday my district school told parents, faculty and staff, ‘don’t get vaccinated. If you get vaccinated it’ll disturb your menstrual cycle. The Covid-19 vaccine is carrying an undisclosed disease that can be transmitted to other people’,” Pizzo said. “This might not be the vehicle for it, but fraud extends to wild misperceptions.”