House Bill 0237
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Florida House of Representatives - 1999 HB 237
By Representative Ogles
1 A bill to be entitled
2 An act relating to identity theft; providing
3 definitions; specifying certain activities
4 relating to identity theft as unlawful under
5 certain circumstances; providing penalties;
6 providing exceptions; providing penalties for
7 conspiracy; providing requirements for certain
8 descriptors or identifiers; providing an
9 effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. This act may be cited as the "Identity
14 Theft Prevention Act of 1998."
15 (1) For purposes of this act:
16 (a) "Communication facility" means any public or
17 private instrumentality used or useful in the transmission of
18 writing, signs, signals, pictures, or sounds of any kind,
19 including, but not limited to, mail, telephone, wire, radio,
20 and any other means of communication.
21 (b) "Document-making implement" means any implement,
22 impression, electronic device, or computer hardware or
23 software, that is specifically configured or primarily used
24 for making an identification document or false identification
25 document or another document-making implement.
26 (c) "Identification document" means a document made or
27 issued by or under the authority of the United States
28 Government, a state, a political subdivision of a state, a
29 foreign government, a political subdivision of a foreign
30 government, an international governmental or an international
31 quasi-governmental organization which, when completed with
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1 information concerning a particular individual, is of a type
2 intended or commonly accepted for the purpose of
3 identification of individuals.
4 (d) "Means of identification" means any name or number
5 that may be used, alone or in conjunction with any other
6 information, to assume the identity of an individual,
7 including, but not limited to, any:
8 1. Social security number, date of birth, state or
9 government issued driver's license or identification number,
10 alien registration number, government passport number, or
11 employer or taxpayer identification number.
12 2. Unique biometric data, such as fingerprint, voice
13 print, retina or iris image, or other unique physical
14 representation.
15 3. Unique electronic identification number, address,
16 or routing code.
17 4. Telecommunication identifying information or access
18 device as defined in s. 655.960, Florida Statutes.
19 5. Other means of identification not issued lawfully
20 to the user.
21 (e) "Personal identification card" means an
22 identification document issued by a state or local government
23 solely for the purpose of identification.
24 (f) "Produce" includes alter, authenticate, or
25 assemble.
26 (g) "State" includes any state of the United States,
27 the District of Columbia, the Commonwealth of Puerto Rico, and
28 any other commonwealth, possession, or territory of the United
29 States.
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1 (h) "Victim" means any identifiable individual whose
2 means of identification has been assumed, stolen, or otherwise
3 unlawfully acquired.
4 (2) It is unlawful to:
5 (a) Knowingly and without lawful authority produce an
6 identification document or a false identification document;
7 (b) Knowingly transfer an identification document or a
8 false identification document knowing that such document was
9 stolen or produced without lawful authority;
10 (c) Knowingly possess with intent to use unlawfully or
11 transfer unlawfully five or more means of identification,
12 identification documents other than those issued lawfully for
13 the use of the possessor, or false identification documents;
14 (d) Knowingly possess a means of identification, an
15 identification document other than one issued lawfully for the
16 use of the possessor, or a false identification document with
17 the intent to use such means of identification or document to
18 defraud this state;
19 (e) Knowingly produce, transfer, or possess a
20 document-making implement with the intent of using such
21 document-making implement in the production of a false
22 identification document or another document-making implement
23 which will be so used;
24 (f) Knowingly possess an identification document that
25 is or appears to be an identification document of a state or
26 the United States which is stolen or produced without lawful
27 authority knowing that such document was stolen or produced
28 without such authority; or
29 (g)1. Knowingly and unlawfully obtain, possess, or
30 transfer five or more means of identification; or
31 2. Use one or more means of identification,
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Florida House of Representatives - 1999 HB 237
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1
2 if the identification document or false identification
3 document is or appears to be issued by or under the authority
4 of a state or the United States or the document-making
5 implement is designed or suited for making such an
6 identification document or false identification document or
7 the production, transfer, obtaining, possession, or use
8 prohibited by this act involves the use of a communication
9 facility.
10 (3) A person who violates any provision of subsection
11 (2), which violation consists of:
12 (a)1. Any activity undertaken to facilitate an act of
13 international terrorism as defined in 18 U.S.C. s. 2331; or
14 2. Any activity undertaken in connection with a crime
15 of violence, which is defined as an offense that has as an
16 element the use, attempted use, or threatened use of physical
17 force against the person or property of another or any other
18 offense that is a felony and that, by its nature, involves a
19 substantial risk that physical force against the person or
20 property of another may be used in the course of committing
21 the offense,
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23 commits a life felony, punishable as provided in s. 775.082,
24 s. 775.083, or s. 775.084, Florida Statutes.
25 (b)1. Any activity undertaken to facilitate a drug
26 trafficking crime, as provided in s. 893.135, Florida
27 Statutes;
28 2. Any activity involving the abuse of a position of
29 public or private trust, in a manner that significantly
30 facilitated the commission or concealment of the offense;
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1 3. Any activity undertaken in connection with an
2 offense relating to counterfeit or forged securities,
3 fictitious obligations, fraud and related activity in
4 connection with access devices, fraud and related activity in
5 connection with computers, mail frauds and swindles, the use
6 of a fictitious name or address, fraud by wire, radio, or
7 television, bank fraud, theft or receipt of stolen mail
8 matter, or any other provision of state law relating to fraud
9 or mail fraud as determined by the Attorney General; or
10 4. Any second or subsequent violation of the
11 provisions of subsection (2),
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13 commits a felony of the first degree, punishable as provided
14 in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.
15 (c)1. The production or transfer of a means of
16 identification, an identification document, or false
17 identification document that is or appears to be:
18 a. A means of identification or an identification
19 document issued by or under the authority of a state or the
20 United States; or
21 b. A birth certificate, a driver's license, or a
22 personal identification card or other means of identification
23 or an identification document issued by or under the authority
24 of a state; or
25 2. The production or transfer of more than five means
26 of identification, identification documents, or false
27 identification documents; or
28 3. An offense under paragraph (2)(e) or subparagraph
29 (2)(g)2.,
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1 commits a felony of the second degree, punishable as provided
2 in s. 775.082 or s. 775.083, Florida Statutes.
3 (d)1. Any other production or transfer of a means of
4 identification, an identification document, or a false
5 identification document; or
6 2. An offense under paragraph (2)(c),
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8 commits a felony of the third degree, punishable as provided
9 in s. 775.082 or s. 775.083, Florida Statutes.
10 (e) Any other circumstance commits a misdemeanor of
11 the first degree, punishable as provided in s. 775.082 or s.
12 775.083, Florida Statutes.
13 (4) This act does not prohibit any lawfully authorized
14 investigative, protective, or intelligence activity of a law
15 enforcement agency of the United States, a state, or a
16 political subdivision of a state, or of an intelligence agency
17 of the United States, or any activity authorized s. 914.25,
18 Florida Statutes.
19 (5) Any person who attempts or conspires to commit any
20 violation under this section shall be subject to the same
21 penalties as those prescribed for the violation, the
22 commission of which was the object of the attempt or
23 conspiracy.
24 (6) For purposes of this act, to the maximum extent
25 feasible, personal descriptors or identifiers used in
26 identification documents shall use common descriptive terms
27 and formats designed to:
28 (a) Reduce the redundancy and duplication of
29 identification systems by providing information which can be
30 used by the maximum number of authorities.
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1 (b) Facilitate positive identification of bona fide
2 holders of identification documents.
3 Section 2. This act shall take effect July 1 of the
4 year in which enacted.
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7 HOUSE SUMMARY
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Makes it unlawful to engage in specified activities
9 relating to identity theft, including conspiracy.
Provides penalties. Exempts lawfully authorized
10 investigative, protective, or intelligence activities.
See bill for details.
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