Senate Bill 1074

    Florida Senate - 1999                                  SB 1074

    By Senator Hargrett





    21-728-99

  1                      A bill to be entitled

  2         An act relating to the unlawful assumption of

  3         identity; making it a crime to assume the

  4         identity of another person with intent to act

  5         fraudulently; providing penalties; providing

  6         for restitution; providing an effective date.

  7

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

  9

10         Section 1.  Unlawful assumption of identity.--

11         (1)  As used in this section, the term "economic loss"

12  includes, but is not limited to, the loss of employment, an

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

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

15  credit report, an inability to obtain credit, and any costs

16  incurred in correcting a public or private record.

17         (2)  It is unlawful for any person to assume the

18  identity of another person with the intent to commit any

19  fraudulent act. Means of assuming another person's identity

20  include, but are not limited to, the use of that person's

21  identifying information such as that person's social security

22  number, motor vehicle operator's license number, state

23  identification card number, credit account number, bank

24  account number, calling card number, or use of that person's

25  date of birth in combination with other identifying

26  information of that person.

27         (3)  A violation of subsection (2) is:

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

29  provided in section 775.082, Florida Statutes, or section

30  775.083, Florida Statutes, if, as a result of the violation,

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






    Florida Senate - 1999                                  SB 1074
    21-728-99




  1  the person whose identity is assumed does not suffer an

  2  economic loss or legal disability.

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

  4  provided in section 775.082, Florida Statutes, section

  5  775.083, Florida Statutes, or section 775.084, Florida

  6  Statutes, if, as a result of the violation, the person whose

  7  identity is assumed suffers an economic loss or legal

  8  disability.

  9         (3)  A person whose identity is assumed by another

10  person in violation of subsection (2) may apply to the court

11  sentencing the violator for any order that is appropriate to

12  correct any public record or to correct any private record,

13  after notice and hearing, of any entity that conducts business

14  in this state. A court, as part of sentencing a person for a

15  violation of subsection (2), may order restitution, including

16  restitution to the person whose identity was assumed and who

17  suffered an economic loss or legal disability as a result of

18  that assumption of identity.

19         (4)  This section does not affect the prosecution of

20  any person for violation of section 817.02, Florida Statutes,

21  section 817.03, Florida Statutes, section 817.54, Florida

22  Statutes, or any other law of this state.

23         Section 2.  This act shall take effect October 1, 1999.

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25            *****************************************

26                          SENATE SUMMARY

27  Provides that the assumption of the identity of another person
    with intent to commit a fraudulent act is a crime. Provides
28  for penalties and restitution.

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