Florida Senate - 2013 CS for SB 1126
By the Committee on Criminal Justice; and Senator Joyner
591-03348-13 20131126c1
1 A bill to be entitled
2 An act relating to the unlawful possession of the
3 personal identification information of another person;
4 creating s. 817.5685, F.S.; defining the term
5 “personal identification information”; providing that
6 it is unlawful for a person to intentionally or
7 knowingly possess, without authorization, any personal
8 identification information of another person; creating
9 criminal penalties; providing that possession of
10 identification information of multiple individuals
11 gives rise to an inference of illegality; providing
12 that certain specified persons are exempt from
13 provisions regarding the unlawful possession of
14 personal identification information of another person;
15 creating affirmative defenses; providing that the act
16 does not preclude prosecution for the unlawful
17 possession of personal identification information of
18 another person under any other law; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 817.5685, Florida Statutes, is created
24 to read:
25 817.5685 Unlawful possession of the personal identification
26 information of another person.—
27 (1) As used in this section, the term “personal
28 identification information” means a person’s social security
29 number, official state-issued or United States-issued driver
30 license or identification number, alien registration number,
31 government passport number, employer or taxpayer identification
32 number, Medicaid or food assistance account number, bank account
33 number, credit or debit card number, and medical records.
34 (2) It is unlawful for a person to intentionally or
35 knowingly possess, without authorization, the personal
36 identification information of another person in any form,
37 including, but not limited to, mail, physical documents,
38 identification cards, or information stored in digital form.
39 (3)(a) A person who violates subsection (2) and in doing so
40 possesses the personal identification information of four or
41 fewer persons commits a misdemeanor of the first degree,
42 punishable as provided in s. 775.082 or s. 775.083.
43 (b) A person who violates subsection (2) and in doing so
44 possesses the personal identification information of five or
45 more persons commits a felony of third degree, punishable as
46 provided in s. 775.082, s. 775.083, or s. 775.084.
47 (c) Proof that a person used or was in possession of the
48 personal identification information of five or more individuals,
49 unless satisfactorily explained, gives rise to an inference that
50 the person who used or was in possession of the personal
51 identification information did so knowingly and intentionally
52 without authorization.
53 (4) Subsection (2) does not apply to:
54 (a) A person who is the parent or legal guardian of a child
55 and who possesses the personal identification information of
56 that child.
57 (b) A person who is the guardian of another person under
58 chapter 744 and who is authorized to possess the personal
59 identification information of that other person and make
60 decisions regarding access to that personal identification
61 information.
62 (c) An employee of a governmental agency who possesses the
63 personal identification information of another person in the
64 ordinary course of business.
65 (d) A person who is engaged in a lawful business and
66 possesses the personal identification information of another
67 person in the ordinary course of business.
68 (e) A person who finds a card or document issued by a
69 governmental agency which contains the personal identification
70 information of another person and who takes reasonably prompt
71 action to return that card or document to its owner, to the
72 governmental agency that issued the card or document, or to a
73 law enforcement agency.
74 (5) It is an affirmative defense to an alleged violation of
75 subsection (2) if the person who possesses the personal
76 identification information of another person:
77 (a) Did so under the reasonable belief that such possession
78 was authorized by law or by the consent of the other person; or
79 (b) Obtained that personal identification information from
80 a forum or resource that is open or available to the general
81 public or from a public record.
82 (6) This section does not preclude prosecution for the
83 unlawful possession of personal identification information
84 pursuant to s. 817.568 or any other law, including prosecution
85 for the criminal use of personal identification information that
86 was otherwise lawfully possessed.
87 Section 2. This act shall take effect October 1, 2013.