Senate Bill sb1964

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    Florida Senate - 2006                                  SB 1964

    By Senator Aronberg





    27-1356A-06

  1                      A bill to be entitled

  2         An act relating to personal identification

  3         information; amending s. 817.568, F.S.;

  4         providing that any person who willfully and

  5         without authorization fraudulently uses

  6         personal identification information concerning

  7         an individual who is 65 years of age or older

  8         without first obtaining the consent of the

  9         individual or of his or her legal guardian

10         commits a felony of the second degree;

11         providing criminal penalties; providing that a

12         person who is in the relationship of adult

13         child or legal guardian, or who otherwise

14         exercises custodial authority over an

15         individual who is 65 years of age or older, who

16         willfully and fraudulently uses personal

17         identification information of that individual

18         commits a felony of the second degree;

19         providing criminal penalties; amending s.

20         921.0022, F.S.; conforming cross-references;

21         providing an effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Subsections (6) and (7) of section 817.568,

26  Florida Statutes, are amended to read:

27         817.568  Criminal use of personal identification

28  information.--

29         (6)(a)  Any person who willfully and without

30  authorization fraudulently uses personal identification

31  information concerning an individual who is less than 18 years

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    Florida Senate - 2006                                  SB 1964
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 1  of age without first obtaining the consent of that individual

 2  or of his or her legal guardian commits a felony of the second

 3  degree, punishable as provided in s. 775.082, s. 775.083, or

 4  s. 775.084. 

 5         (b)  Any person who willfully and without authorization

 6  fraudulently uses personal identification information

 7  concerning an individual who is 65 years of age or older

 8  without first obtaining the consent of that individual or of

 9  his or her legal guardian commits a felony of the second

10  degree, punishable as provided in s. 775.082, s. 775.083, or

11  s. 775.084.

12         (7)(a)  Any person who is in the relationship of parent

13  or legal guardian, or who otherwise exercises custodial

14  authority over an individual who is less than 18 years of age,

15  who willfully and fraudulently uses personal identification

16  information of that individual commits a felony of the second

17  degree, punishable as provided in s. 775.082, s. 775.083, or

18  s. 775.084. 

19         (b)  Any person who is in the relationship of adult

20  child or legal guardian, or who otherwise exercises custodial

21  authority over an individual who is 65 years of age or older,

22  who willfully and fraudulently uses personal identification

23  information of that individual commits a felony of the second

24  degree, punishable as provided in s. 775.082, s. 775.083, or

25  s. 775.084.

26         Section 2.  Paragraphs (h) and (i) of subsection (3) of

27  section 921.0022, Florida Statutes, are amended to read:

28         921.0022  Criminal Punishment Code; offense severity

29  ranking chart.--

30         (3)  OFFENSE SEVERITY RANKING CHART

31  

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    Florida Senate - 2006                                  SB 1964
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 1  Florida           Felony

 2  Statute           Degree             Description

 3  

 4                     

 5                              (h)  LEVEL 8

 6  316.193

 7   (3)(c)3.a.        2nd      DUI manslaughter.

 8  316.1935(4)(b)     1st      Aggravated fleeing or attempted

 9                              eluding with serious bodily

10                              injury or death.

11  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

12  499.0051(7)        1st      Forgery of prescription or legend

13                              drug labels.

14  499.0052           1st      Trafficking in contraband legend

15                              drugs.

16  560.123(8)(b)2.    2nd      Failure to report currency or

17                              payment instruments totaling or

18                              exceeding $20,000, but less than

19                              $100,000 by money transmitter.

20  560.125(5)(b)      2nd      Money transmitter business by

21                              unauthorized person, currency or

22                              payment instruments totaling or

23                              exceeding $20,000, but less than

24                              $100,000.

25  655.50(10)(b)2.    2nd      Failure to report financial

26                              transactions totaling or

27                              exceeding $20,000, but less than

28                              $100,000 by financial

29                              institutions.

30  777.03(2)(a)       1st      Accessory after the fact, capital

31                              felony.

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 1  782.04(4)          2nd      Killing of human without design

 2                              when engaged in act or attempt of

 3                              any felony other than arson,

 4                              sexual battery, robbery,

 5                              burglary, kidnapping, aircraft

 6                              piracy, or unlawfully discharging

 7                              bomb.

 8  782.051(2)         1st      Attempted felony murder while

 9                              perpetrating or attempting to

10                              perpetrate a felony not

11                              enumerated in s. 782.04(3).

12  782.071(1)(b)      1st      Committing vehicular homicide and

13                              failing to render aid or give

14                              information.

15  782.072(2)         1st      Committing vessel homicide and

16                              failing to render aid or give

17                              information.

18  790.161(3)         1st      Discharging a destructive device

19                              which results in bodily harm or

20                              property damage.

21  794.011(5)         2nd      Sexual battery, victim 12 years

22                              or over, offender does not use

23                              physical force likely to cause

24                              serious injury.

25  800.04(4)          2nd      Lewd or lascivious battery.

26  806.01(1)          1st      Maliciously damage dwelling or

27                              structure by fire or explosive,

28                              believing person in structure.

29  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

30  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

31                              or dangerous weapon.

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 1  810.02(2)(c)       1st      Burglary of a dwelling or

 2                              structure causing structural

 3                              damage or $1,000 or more property

 4                              damage.

 5  812.014(2)(a)2.    1st      Property stolen; cargo valued at

 6                              $50,000 or more, grand theft in

 7                              1st degree.

 8  812.13(2)(b)       1st      Robbery with a weapon.

 9  812.135(2)(c)      1st      Home-invasion robbery, no

10                              firearm, deadly weapon, or other

11                              weapon.

12  817.568(6)(a)      2nd      Fraudulent use of personal

13                              identification information of an

14                              individual under the age of 18.

15  817.568(6)(b)      2nd      Fraudulent use of personal

16                              identification information of an

17                              individual 65 years of age or

18                              older.

19  825.102(2)         2nd      Aggravated abuse of an elderly

20                              person or disabled adult.

21  825.1025(2)        2nd      Lewd or lascivious battery upon

22                              an elderly person or disabled

23                              adult.

24  825.103(2)(a)      1st      Exploiting an elderly person or

25                              disabled adult and property is

26                              valued at $100,000 or more.

27  837.02(2)          2nd      Perjury in official proceedings

28                              relating to prosecution of a

29                              capital felony.

30  

31  

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 1  837.021(2)         2nd      Making contradictory statements

 2                              in official proceedings relating

 3                              to prosecution of a capital

 4                              felony.

 5  860.121(2)(c)      1st      Shooting at or throwing any

 6                              object in path of railroad

 7                              vehicle resulting in great bodily

 8                              harm.

 9  860.16             1st      Aircraft piracy.

10  893.13(1)(b)       1st      Sell or deliver in excess of 10

11                              grams of any substance specified

12                              in s. 893.03(1)(a) or (b).

13  893.13(2)(b)       1st      Purchase in excess of 10 grams of

14                              any substance specified in s.

15                              893.03(1)(a) or (b).

16  893.13(6)(c)       1st      Possess in excess of 10 grams of

17                              any substance specified in s.

18                              893.03(1)(a) or (b).

19  893.135(1)(a)2.    1st      Trafficking in cannabis, more

20                              than 2,000 lbs., less than 10,000

21                              lbs.

22  893.135

23   (1)(b)1.b.        1st      Trafficking in cocaine, more than

24                              200 grams, less than 400 grams.

25  893.135

26   (1)(c)1.b.        1st      Trafficking in illegal drugs,

27                              more than 14 grams, less than 28

28                              grams.

29  

30  

31  

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 1  893.135

 2   (1)(d)1.b.        1st      Trafficking in phencyclidine,

 3                              more than 200 grams, less than

 4                              400 grams.

 5  893.135

 6   (1)(e)1.b.        1st      Trafficking in methaqualone, more

 7                              than 5 kilograms, less than 25

 8                              kilograms.

 9  893.135

10   (1)(f)1.b.        1st      Trafficking in amphetamine, more

11                              than 28 grams, less than 200

12                              grams.

13  893.135

14   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

15                              grams or more, less than 28

16                              grams.

17  893.135

18   (1)(h)1.b.        1st      Trafficking in

19                              gamma-hydroxybutyric acid (GHB),

20                              5 kilograms or more, less than 10

21                              kilograms.

22  893.135

23   (1)(j)1.b.        1st      Trafficking in 1,4-Butanediol, 5

24                              kilograms or more, less than 10

25                              kilograms.

26  893.135

27   (1)(k)2.b.        1st      Trafficking in Phenethylamines,

28                              200 grams or more, less than 400

29                              grams.

30  

31  

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 1  895.03(1)          1st      Use or invest proceeds derived

 2                              from pattern of racketeering

 3                              activity.

 4  895.03(2)          1st      Acquire or maintain through

 5                              racketeering activity any

 6                              interest in or control of any

 7                              enterprise or real property.

 8  895.03(3)          1st      Conduct or participate in any

 9                              enterprise through pattern of

10                              racketeering activity.

11  896.101(5)(b)      2nd      Money laundering, financial

12                              transactions totaling or

13                              exceeding $20,000, but less than

14                              $100,000.

15  896.104(4)(a)2.    2nd      Structuring transactions to evade

16                              reporting or registration

17                              requirements, financial

18                              transactions totaling or

19                              exceeding $20,000 but less than

20                              $100,000.

21                              (i)  LEVEL 9

22  316.193

23   (3)(c)3.b.        1st      DUI manslaughter; failing to

24                              render aid or give information.

25  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

26                              render aid or give information.

27  499.00535          1st      Sale or purchase of contraband

28                              legend drugs resulting in great

29                              bodily harm.

30  

31  

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 1  560.123(8)(b)3.    1st      Failure to report currency or

 2                              payment instruments totaling or

 3                              exceeding $100,000 by money

 4                              transmitter.

 5  560.125(5)(c)      1st      Money transmitter business by

 6                              unauthorized person, currency, or

 7                              payment instruments totaling or

 8                              exceeding $100,000.

 9  655.50(10)(b)3.    1st      Failure to report financial

10                              transactions totaling or

11                              exceeding $100,000 by financial

12                              institution.

13  775.0844           1st      Aggravated white collar crime.

14  782.04(1)          1st      Attempt, conspire, or solicit to

15                              commit premeditated murder.

16  782.04(3)          1st,PBL   Accomplice to murder in

17                              connection with arson, sexual

18                              battery, robbery, burglary, and

19                              other specified felonies.

20  782.051(1)         1st      Attempted felony murder while

21                              perpetrating or attempting to

22                              perpetrate a felony enumerated in

23                              s. 782.04(3).

24  782.07(2)          1st      Aggravated manslaughter of an

25                              elderly person or disabled adult.

26  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

27                              reward or as a shield or hostage.

28  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

29                              or facilitate commission of any

30                              felony.

31  

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 1  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

 2                              interfere with performance of any

 3                              governmental or political

 4                              function.

 5  787.02(3)(a)       1st      False imprisonment; child under

 6                              age 13; perpetrator also commits

 7                              aggravated child abuse, sexual

 8                              battery, or lewd or lascivious

 9                              battery, molestation, conduct, or

10                              exhibition.

11  790.161            1st      Attempted capital destructive

12                              device offense.

13  790.166(2)         1st,PBL  Possessing, selling, using, or

14                              attempting to use a weapon of

15                              mass destruction.

16  794.011(2)         1st      Attempted sexual battery; victim

17                              less than 12 years of age.

18  794.011(2)         Life     Sexual battery; offender younger

19                              than 18 years and commits sexual

20                              battery on a person less than 12

21                              years.

22  794.011(4)         1st      Sexual battery; victim 12 years

23                              or older, certain circumstances.

24  794.011(8)(b)      1st      Sexual battery; engage in sexual

25                              conduct with minor 12 to 18 years

26                              by person in familial or

27                              custodial authority.

28  800.04(5)(b)       Life     Lewd or lascivious molestation;

29                              victim less than 12 years;

30                              offender 18 years or older.

31  

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 1  812.13(2)(a)       1st,PBL  Robbery with firearm or other

 2                              deadly weapon.

 3  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

 4                              deadly weapon.

 5  812.135(2)(b)      1st      Home-invasion robbery with

 6                              weapon.

 7  817.568(7)(a)      2nd,PBL  Fraudulent use of personal

 8                              identification information of an

 9                              individual under the age of 18 by

10                              his or her parent, legal

11                              guardian, or person exercising

12                              custodial authority.

13  817.568(7)(b)      2nd      Fraudulent use of personal

14                              identification information of an

15                              individual 65 years of age or

16                              older by his or her adult child,

17                              legal guardian, or person

18                              exercising custodial authority.

19  827.03(2)          1st      Aggravated child abuse.

20  847.0145(1)        1st      Selling, or otherwise

21                              transferring custody or control,

22                              of a minor.

23  847.0145(2)        1st      Purchasing, or otherwise

24                              obtaining custody or control, of

25                              a minor.

26  859.01             1st      Poisoning or introducing

27                              bacteria, radioactive materials,

28                              viruses, or chemical compounds

29                              into food, drink, medicine, or

30                              water with intent to kill or

31                              injure another person.

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 1  893.135            1st      Attempted capital trafficking

 2                              offense.

 3  893.135(1)(a)3.    1st      Trafficking in cannabis, more

 4                              than 10,000 lbs.

 5  893.135

 6   (1)(b)1.c.        1st      Trafficking in cocaine, more than

 7                              400 grams, less than 150

 8                              kilograms.

 9  893.135

10   (1)(c)1.c.        1st      Trafficking in illegal drugs,

11                              more than 28 grams, less than 30

12                              kilograms.

13  893.135

14   (1)(d)1.c.        1st      Trafficking in phencyclidine,

15                              more than 400 grams.

16  893.135

17   (1)(e)1.c.        1st      Trafficking in methaqualone, more

18                              than 25 kilograms.

19  893.135

20   (1)(f)1.c.        1st      Trafficking in amphetamine, more

21                              than 200 grams.

22  893.135

23   (1)(h)1.c.        1st      Trafficking in

24                              gamma-hydroxybutyric acid (GHB),

25                              10 kilograms or more.

26  893.135

27   (1)(j)1.c.        1st      Trafficking in 1,4-Butanediol, 10

28                              kilograms or more.

29  893.135

30   (1)(k)2.c.        1st      Trafficking in Phenethylamines,

31                              400 grams or more.

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 1  896.101(5)(c)      1st      Money laundering, financial

 2                              instruments totaling or exceeding

 3                              $100,000.

 4  896.104(4)(a)3.    1st      Structuring transactions to evade

 5                              reporting or registration

 6                              requirements, financial

 7                              transactions totaling or

 8                              exceeding $100,000.

 9         Section 3.  This act shall take effect July 1, 2006.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Provides that any person who willfully and without
      authorization fraudulently uses personal identification
14    information concerning an individual who is 65 years of
      age or older without first obtaining the consent of the
15    individual or of his or her legal guardian commits a
      felony of the second degree. Provides that a person who
16    is in the relationship of adult child or legal guardian,
      or who otherwise exercises custodial authority over an
17    individual who is 65 years of age or older, who willfully
      and fraudulently uses personal identification information
18    of that individual commits a felony of the second degree.
      Provides criminal penalties.
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