Senate Bill 0910c2
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Florida Senate - 1998 CS for CS for SB 910
By the Committees on Judiciary, Criminal Justice and Senators
Gutman and Hargrett
308-2226-98
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 CS for SB 910
308-2226-98
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,
19 without also giving his or her true name, to a law enforcement
20 officer or any jail or prison personnel.
21 (2) A violation of subsection (1) is:
22 (a) A misdemeanor of the first degree, punishable as
23 provided in section 775.082 or section 775.083, Florida
24 Statutes, if another person does not suffer an economic loss
25 or any legal disability because of the violation.
26 (b) A felony of the third degree, punishable as
27 provided in section 775.082, section 775.083, or section
28 775.084, Florida Statutes, if any other person suffers an
29 economic loss or any legal disability because of the
30 violation.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for CS for SB 910
308-2226-98
1 (c) As used in this subsection, the term "economic
2 loss" means, but is not limited to, the loss of employment, an
3 inability to obtain employment, a demotion in employment, the
4 loss of a business relationship, a negative statement in a
5 credit report, an inability to obtain credit, any costs
6 related to an arrest made due to the violation of subsection
7 (1), or any costs incurred in correcting a public or private
8 record.
9 Section 3. This act shall take effect October 1, 1998.
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11 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
12 CS for SB 910
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14 The Committee Substitute for Committee Substitute for Senate
Bill 910 clarifies that it is unlawful for a person to give a
15 false name or otherwise falsely identify himself or herself
only if the person does not also give his or her true name.
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