Senate Bill 0910c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                            CS for SB 910

    By the Committee on Criminal Justice and Senator Gutman





    307-1755-98

  1                      A bill to be entitled

  2         An act relating to false identification;

  3         prohibiting a person from assuming the identity

  4         of another person and thereby causing an

  5         economic loss or legal disability; providing

  6         penalties; authorizing any person who suffers

  7         such economic loss or legal disability to apply

  8         to the court for an order to correct certain

  9         records; prohibiting a person who has been

10         arrested or lawfully detained from giving a

11         false name or false identification to a law

12         enforcement officer or jail personnel;

13         providing penalties; providing an enhanced

14         penalty if any person suffers an economic loss

15         or legal disability due to the offense;

16         defining the term "economic loss"; providing an

17         effective date.

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

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21         Section 1.  Unlawful assumption of identity.--

22         (1)  A person may not assume the identity of another

23  person by any means, including the assumption of another

24  person's identification number, and then act as that other

25  person in any business or economic transaction, or in any

26  legal matter, thereby causing an economic loss to any other

27  person or business or causing a legal disability to any other

28  person or business.

29         (2)  A violation of subsection (1) is:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 910
    307-1755-98




  1         (a)  A misdemeanor of the first degree, punishable as

  2  provided in section 775.082 or section 775.083, Florida

  3  Statutes, if the value of the loss is less than $300.

  4         (b)  A felony of the third degree, punishable as

  5  provided in section 775.082, section 775.083, or section

  6  775.084, Florida Statutes, if the value of the loss is $300 or

  7  more.

  8         (3)  A person who is adversely affected by a violation

  9  of subsection (1) may apply to the court imposing the sentence

10  for the violation for an order to correct any public record.

11  The sentencing court may also issue an order to correct any

12  private record, after notice and hearing, of any entity that

13  conducts business in this state.

14         Section 2.  Giving false identification to a law

15  enforcement officer.--

16         (1)  A person who has been arrested or lawfully

17  detained by a law enforcement officer may not give a false

18  name, or in any way falsely identify himself or herself, to a

19  law enforcement officer or any jail or prison personnel.

20         (2)  A violation of subsection (1) is:

21         (a)  A misdemeanor of the first degree, punishable as

22  provided in section 775.082 or section 775.083, Florida

23  Statutes, if another person does not suffer an economic loss

24  or any legal disability because of the violation.

25         (b)  A felony of the third degree, punishable as

26  provided in section 775.082, section 775.083, or section

27  775.084, Florida Statutes, if any other person suffers an

28  economic loss or any legal disability because of the

29  violation.

30         (c)  As used in this subsection, the term "economic

31  loss" means, but is not limited to, the loss of employment, an

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 910
    307-1755-98




  1  inability to obtain employment, a demotion in employment, the

  2  loss of a business relationship, a negative statement in a

  3  credit report, an inability to obtain credit, any costs

  4  related to an arrest made due to the violation of subsection

  5  (1), or any costs incurred in correcting a public or private

  6  record.

  7         Section 3.  This act shall take effect October 1, 1998.

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  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 910

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12  .    Provides that a person whose identity is unlawfully
         assumed may apply to the court sentencing the person who
13       committed the unlawful assumption of identity for an
         order to correct any public record or any private record
14       of any entity that conducts business in this state.

15  .    Provides that the effective date of this Legislation is
         October 1, 1998
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