Froogle | §112.3131 Florida Statutes

(1) For the purposes of this section, the term:

(a) “Armed Forces of the United States” has the same meaning as the term “armed forces” in s. 250.01 and includes the National Guard of any state.

(b) “Material gain” means any thing of value, regardless of whether such value is monetary, remunerative, or tangible, which is received by or given to, or is intended to be received by or given to, an individual. The term includes, but is not limited to, food; lodging; compensation; travel expenses; placards; public benefits; public relief; financial relief; obtaining or retaining employment or a promotion in such individual’s current employment or public employment, including gaining a position in state or local government with authority over another person, regardless of whether the individual receives compensation or renumeration for his or her service in the position; obtaining or retaining state or local public office through election or appointment; or any thing in which or for which a tangible benefit was gained, even if the value of such benefit is de minimis.

(c) “Servicemember” has the same meaning as in s. 250.01.

(2)

(a) A candidate, an elected public officer, an appointed public officer, or a public employee may not, for the purpose of material gain, knowingly do any of the following:

1. Misrepresent by making false, fictitious, or fraudulent statements or representations, directly or indirectly, that he or she is or was a servicemember or veteran of the Armed Forces of the United States.

2. Misrepresent by making false, fictitious, or fraudulent statements or representations, directly or indirectly, that he or she is or was the recipient of a decoration, medal, title, or honor from the Armed Forces of the United States or otherwise related to military service, including, but not limited to, any of the following:

a. Air Force Combat Action Medal.

b. Air Force Cross.

c. Combat Action Badge.

d. Combat Action Ribbon.

e. Combat Infantryman Badge.

f. Combat Medical Badge.

g. Distinguished Service Cross.

h. Medal of Honor.

i. Navy Cross.

j. Purple Heart.

k. Silver Star Medal.

3. Misrepresent by making false, fictitious, or fraudulent statements or representations, directly or indirectly, that he or she is a holder of an awarded qualification or military occupational specialty, including, but not limited to, any of the following:

a. Aircraft pilot, navigator, or crew member.

b. Explosive Ordinance Disposal Technician.

c. Parachutist.

d. United States Army Ranger.

e. United States Navy Seal or Diver.

f. United States special operations forces member.

4. Misrepresent by making false, fictitious, or fraudulent statements or representations, directly or indirectly, that he or she actively served in the Armed Forces of the United States during a wartime era, regardless of whether there was a declared war, or served in combat operations in a warzone, or was a prisoner of war.

5. Wear the uniform or any medal or insignia authorized for use by members or veterans of the Armed Forces of the United States which he or she is not authorized to wear.

(b) This subsection does not prohibit individuals in the theatrical profession from wearing such uniforms, medals, or insignia during a performance while engaged in such profession.

(3) A candidate, an elected public officer, an appointed public officer, or a public employee who violates subsection (2) is subject to the penalties in s. 112.317.

(4) This section does not preclude prosecution of an individual for any action under subsection (2) which is prohibited by another law.

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§112.3131 FS | Stolen Valor

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