Florida criminal charge
Offering for sale or advertising personal protective equipment with intent to defraud in Florida
Offering for sale or advertising personal protective equipment with intent to defraud is a criminal offense under Florida law, defined by Fla. Stat. § 817.418. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 817.418.
What is the penalty for offering for sale or advertising personal protective equipment with intent to defraud in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (First violation — Applies to a first violation of knowingly and willfully making false or misleading statements about personal protective equipment with intent to obtain money or valuable consideration.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (First violation — Applies to a first violation of knowingly and willfully making false or misleading statements about personal protective equipment with intent to obtain money or valuable consideration.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Second or subsequent violation — Applies when a person commits a second or subsequent violation of the false or misleading statement/advertising provision.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Second or subsequent violation — Applies when a person commits a second or subsequent violation of the false or misleading statement/advertising provision.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is offering for sale or advertising personal protective equipment with intent to defraud classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First violation | Felony of the Third Degree | Applies to a first violation of knowingly and willfully making false or misleading statements about personal protective equipment with intent to obtain money or valuable consideration. | Fla. Stat. § 817.418(2)(a) |
| Second or subsequent violation | Felony of the Second Degree | Applies when a person commits a second or subsequent violation of the false or misleading statement/advertising provision. | Fla. Stat. § 817.418(2)(b) |
Common questions about offering for sale or advertising personal protective equipment with intent to defraud in Florida
Is offering for sale or advertising personal protective equipment with intent to defraud a felony or a misdemeanor in Florida?
It depends on the circumstances: offering for sale or advertising personal protective equipment with intent to defraud ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 817.418.
First violation: Felony of the Third Degree (Fla. Stat. § 817.418(2)(a)) · Second or subsequent violation: Felony of the Second Degree (Fla. Stat. § 817.418(2)(b))
What are the penalties for offering for sale or advertising personal protective equipment with intent to defraud in Florida?
Penalties for offering for sale or advertising personal protective equipment with intent to defraud in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers offering for sale or advertising personal protective equipment with intent to defraud?
Offering for sale or advertising personal protective equipment with intent to defraud is governed by Fla. Stat. § 817.418 (Offering for sale or advertising personal protective equipment with intent to defraud).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.