Senate Bill 0286c1

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    Florida Senate - 1999              CS for SB's 286, 722 & 1074

    By the Committee on Criminal Justice and Senators Campbell,
    Silver and Hargrett




    307-1769B-99

  1                      A bill to be entitled

  2         An act relating to criminal use of personal

  3         identification information; creating s.

  4         817.568, F.S.; providing definitions; providing

  5         that a person who willfully and without

  6         authorization uses, or possesses with intent to

  7         use, personal identification information

  8         concerning an individual without previously

  9         obtaining the individual's consent commits

10         either the offense of fraudulent use of

11         personal identification information or the

12         offense of harassment by use of personal

13         identification information, depending on

14         specified circumstances; providing penalties;

15         providing for nonapplicability of the new

16         provisions to specified law enforcement

17         activities; providing for restitution,

18         including attorney's fees and costs, to the

19         victim; providing that the court may issue

20         orders to correct public records that contain

21         false information given in violation of this

22         section; providing for prosecution by the state

23         attorney or the statewide prosecutor;

24         reenacting s. 464.018(1)(d), F.S., relating to

25         disciplinary actions for violations of the

26         Nurse Practice Act, s. 772.102(1)(a), F.S.,

27         relating to definition of "criminal activity"

28         with respect to the Civil Remedies for Criminal

29         Practices Act, and s. 895.02(1)(a), F.S.,

30         relating to definition of "racketeering

31         activity," to provide for incorporation of said

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    Florida Senate - 1999              CS for SB's 286, 722 & 1074
    307-1769B-99




  1         new section in references to ch. 817, F.S.;

  2         providing an effective date.

  3

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

  5

  6         Section 1.  Section 817.568, Florida Statutes, is

  7  created to read:

  8         817.568  Criminal use of personal identification

  9  information.--

10         (1)  As used in this section, the term:

11         (a)  "Access device" means any card, plate, code,

12  account number, electronic serial number, mobile

13  identification number, personal identification number, or

14  other telecommunications service, equipment, or instrument

15  identifier, or other means of account access that can be used,

16  alone or in conjunction with another access device, to obtain

17  money, goods, services, or any other thing of value, or that

18  can be used to initiate a transfer of funds, other than a

19  transfer originated solely by paper instrument.

20         (b)  "Authorization" means empowerment, permission, or

21  competence to act.

22         (c)  "Harass" means to engage in conduct directed at a

23  specific person that is intended to cause substantial

24  emotional distress to such person and serves no legitimate

25  purpose. "Harass" does not mean to use personal identification

26  information for accepted commercial purposes. The term does

27  not include constitutionally protected conduct such as

28  organized protests or the use of personal identification

29  information for accepted commercial purposes.

30         (d)  "Individual" means a single human being and does

31  not mean a firm, association of individuals, corporation,

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    Florida Senate - 1999              CS for SB's 286, 722 & 1074
    307-1769B-99




  1  partnership, joint venture, sole proprietorship, or any other

  2  entity.

  3         (e)  "Person" means a "person" as defined in s.

  4  1.01(3).

  5         (f)  "Personal identification information" means any

  6  name or number that may be used, alone or in conjunction with

  7  any other information, to identify a specific individual,

  8  including any:

  9         1.  Name, social security number, date of birth,

10  official state-issued or United States-issued driver's license

11  or identification number, alien registration number,

12  government passport number, employer or taxpayer

13  identification number, or Medicaid or food stamp account

14  number;

15         2.  Unique biometric data, such as fingerprint, voice

16  print, retina or iris image, or other unique physical

17  representation;

18         3.  Unique electronic identification number, address,

19  or routing code; or 

20         4.  Telecommunication identifying information or access

21  device.

22         (2)  Any person who willfully and without authorization

23  fraudulently uses, or possesses with intent to fraudulently

24  use, personal identification information concerning an

25  individual without first obtaining that individual's consent,

26  commits the offense of fraudulent use of personal

27  identification information, which is a felony of the third

28  degree, punishable as provided in s. 775.082, s. 775.083, or

29  s. 775.084.

30         (3)  Any person who willfully and without authorization

31  possesses, uses, or attempts to use personal identification

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    Florida Senate - 1999              CS for SB's 286, 722 & 1074
    307-1769B-99




  1  information concerning an individual without first obtaining

  2  that individual's consent, and who does so for the purpose of

  3  harassing that individual, commits the offense of harassment

  4  by use of personal identification information, which is a

  5  misdemeanor of the first degree, punishable as provided in s.

  6  775.082 or s. 775.083.

  7         (4)  This section does not prohibit any lawfully

  8  authorized investigative, protective, or intelligence activity

  9  of a law enforcement agency of this state or any of its

10  political subdivisions, of any other state or its political

11  subdivisions, or of the Federal Government or its political

12  subdivisions.

13         (5)(a)  In sentencing a defendant convicted of an

14  offense under this section, the court may order that the

15  defendant make restitution pursuant to s. 775.089 to any

16  victim of the offense.  In addition to the victim's

17  out-of-pocket costs, such restitution may include payment of

18  any other costs, including attorney's fees incurred by the

19  victim in clearing the victim's credit history or credit

20  rating, or any costs incurred in connection with any civil or

21  administrative proceeding to satisfy any debt, lien, or other

22  obligation of the victim arising as the result of the actions

23  of the defendant.

24         (b)  The sentencing court may issue such orders as are

25  necessary to correct any public record that contains false

26  information given in violation of this section.

27         (6)  Prosecutions for violations of this section may be

28  brought on behalf of the state by any state attorney or by the

29  statewide prosecutor.

30         Section 2.  For the purpose of incorporating section

31  817.568, Florida Statutes, as created by this act, in

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    Florida Senate - 1999              CS for SB's 286, 722 & 1074
    307-1769B-99




  1  references to chapter 817, Florida Statutes, paragraph (d) of

  2  subsection (1) of section 464.018, Florida Statutes, 1998

  3  Supplement, paragraph (a) of subsection (1) of section

  4  772.102, Florida Statutes, and paragraph (a) of subsection (1)

  5  of section 895.02, Florida Statutes, are reenacted to read:

  6         464.018  Disciplinary actions.--

  7         (1)  The following acts shall be grounds for

  8  disciplinary action set forth in this section:

  9         (d)  Being found guilty, regardless of adjudication, of

10  any of the following offenses:

11         1.  A forcible felony as defined in chapter 776.

12         2.  A violation of chapter 812, relating to theft,

13  robbery, and related crimes.

14         3.  A violation of chapter 817, relating to fraudulent

15  practices.

16         4.  A violation of chapter 800, relating to lewdness

17  and indecent exposure.

18         5.  A violation of chapter 784, relating to assault,

19  battery, and culpable negligence.

20         6.  A violation of chapter 827, relating to child

21  abuse.

22         7.  A violation of chapter 415, relating to protection

23  from abuse, neglect, and exploitation.

24         8.  A violation of chapter 39, relating to child abuse,

25  abandonment, and neglect.

26         772.102  Definitions.--As used in this chapter, the

27  term:

28         (1)  "Criminal activity" means to commit, to attempt to

29  commit, to conspire to commit, or to solicit, coerce, or

30  intimidate another person to commit:

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    Florida Senate - 1999              CS for SB's 286, 722 & 1074
    307-1769B-99




  1         (a)  Any crime which is chargeable by indictment or

  2  information under the following provisions:

  3         1.  Section 210.18, relating to evasion of payment of

  4  cigarette taxes.

  5         2.  Section 414.39, relating to public assistance

  6  fraud.

  7         3.  Section 440.105 or s. 440.106, relating to workers'

  8  compensation.

  9         4.  Part IV of chapter 501, relating to telemarketing.

10         5.  Chapter 517, relating to securities transactions.

11         6.  Section 550.235, s. 550.3551, or s. 550.3605,

12  relating to dogracing and horseracing.

13         7.  Chapter 550, relating to jai alai frontons.

14         8.  Chapter 552, relating to the manufacture,

15  distribution, and use of explosives.

16         9.  Chapter 562, relating to beverage law enforcement.

17         10.  Section 624.401, relating to transacting insurance

18  without a certificate of authority, s. 624.437(4)(c)1.,

19  relating to operating an unauthorized multiple-employer

20  welfare arrangement, or s. 626.902(1)(b), relating to

21  representing or aiding an unauthorized insurer.

22         11.  Chapter 687, relating to interest and usurious

23  practices.

24         12.  Section 721.08, s. 721.09, or s. 721.13, relating

25  to real estate timeshare plans.

26         13.  Chapter 782, relating to homicide.

27         14.  Chapter 784, relating to assault and battery.

28         15.  Chapter 787, relating to kidnapping.

29         16.  Chapter 790, relating to weapons and firearms.

30         17.  Section 796.01, s. 796.03, s. 796.04, s. 796.05,

31  or s. 796.07, relating to prostitution.

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    Florida Senate - 1999              CS for SB's 286, 722 & 1074
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  1         18.  Chapter 806, relating to arson.

  2         19.  Section 810.02(2)(c), relating to specified

  3  burglary of a dwelling or structure.

  4         20.  Chapter 812, relating to theft, robbery, and

  5  related crimes.

  6         21.  Chapter 815, relating to computer-related crimes.

  7         22.  Chapter 817, relating to fraudulent practices,

  8  false pretenses, fraud generally, and credit card crimes.

  9         23.  Section 827.071, relating to commercial sexual

10  exploitation of children.

11         24.  Chapter 831, relating to forgery and

12  counterfeiting.

13         25.  Chapter 832, relating to issuance of worthless

14  checks and drafts.

15         26.  Section 836.05, relating to extortion.

16         27.  Chapter 837, relating to perjury.

17         28.  Chapter 838, relating to bribery and misuse of

18  public office.

19         29.  Chapter 843, relating to obstruction of justice.

20         30.  Section 847.011, s. 847.012, s. 847.013, s.

21  847.06, or s. 847.07, relating to obscene literature and

22  profanity.

23         31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

24  or s. 849.25, relating to gambling.

25         32.  Chapter 893, relating to drug abuse prevention and

26  control.

27         33.  Section 914.22 or s. 914.23, relating to

28  witnesses, victims, or informants.

29         34.  Section 918.12 or s. 918.13, relating to tampering

30  with jurors and evidence.

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    Florida Senate - 1999              CS for SB's 286, 722 & 1074
    307-1769B-99




  1         895.02  Definitions.--As used in ss. 895.01-895.08, the

  2  term:

  3         (1)  "Racketeering activity" means to commit, to

  4  attempt to commit, to conspire to commit, or to solicit,

  5  coerce, or intimidate another person to commit:

  6         (a)  Any crime which is chargeable by indictment or

  7  information under the following provisions of the Florida

  8  Statutes:

  9         1.  Section 210.18, relating to evasion of payment of

10  cigarette taxes.

11         2.  Section 403.727(3)(b), relating to environmental

12  control.

13         3.  Section 414.39, relating to public assistance

14  fraud.

15         4.  Section 409.920, relating to Medicaid provider

16  fraud.

17         5.  Section 440.105 or s. 440.106, relating to workers'

18  compensation.

19         6.  Part IV of chapter 501, relating to telemarketing.

20         7.  Chapter 517, relating to sale of securities and

21  investor protection.

22         8.  Section 550.235, s. 550.3551, or s. 550.3605,

23  relating to dogracing and horseracing.

24         9.  Chapter 550, relating to jai alai frontons.

25         10.  Chapter 552, relating to the manufacture,

26  distribution, and use of explosives.

27         11.  Chapter 562, relating to beverage law enforcement.

28         12.  Section 624.401, relating to transacting insurance

29  without a certificate of authority, s. 624.437(4)(c)1.,

30  relating to operating an unauthorized multiple-employer

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    Florida Senate - 1999              CS for SB's 286, 722 & 1074
    307-1769B-99




  1  welfare arrangement, or s. 626.902(1)(b), relating to

  2  representing or aiding an unauthorized insurer.

  3         13.  Section 655.50, relating to reports of currency

  4  transactions, when such violation is punishable as a felony.

  5         14.  Chapter 687, relating to interest and usurious

  6  practices.

  7         15.  Section 721.08, s. 721.09, or s. 721.13, relating

  8  to real estate timeshare plans.

  9         16.  Chapter 782, relating to homicide.

10         17.  Chapter 784, relating to assault and battery.

11         18.  Chapter 787, relating to kidnapping.

12         19.  Chapter 790, relating to weapons and firearms.

13         20.  Section 796.03, s. 796.04, s.  796.05, or s.

14  796.07, relating to prostitution.

15         21.  Chapter 806, relating to arson.

16         22.  Section 810.02(2)(c), relating to specified

17  burglary of a dwelling or structure.

18         23.  Chapter 812, relating to theft, robbery, and

19  related crimes.

20         24.  Chapter 815, relating to computer-related crimes.

21         25.  Chapter 817, relating to fraudulent practices,

22  false pretenses, fraud generally, and credit card crimes.

23         26.  Chapter 825, relating to abuse, neglect, or

24  exploitation of an elderly person or disabled adult.

25         27.  Section 827.071, relating to commercial sexual

26  exploitation of children.

27         28.  Chapter 831, relating to forgery and

28  counterfeiting.

29         29.  Chapter 832, relating to issuance of worthless

30  checks and drafts.

31         30.  Section 836.05, relating to extortion.

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    Florida Senate - 1999              CS for SB's 286, 722 & 1074
    307-1769B-99




  1         31.  Chapter 837, relating to perjury.

  2         32.  Chapter 838, relating to bribery and misuse of

  3  public office.

  4         33.  Chapter 843, relating to obstruction of justice.

  5         34.  Section 847.011, s. 847.012, s. 847.013, s.

  6  847.06, or s. 847.07, relating to obscene literature and

  7  profanity.

  8         35.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

  9  or s. 849.25, relating to gambling.

10         36.  Chapter 874, relating to criminal street gangs.

11         37.  Chapter 893, relating to drug abuse prevention and

12  control.

13         38.  Chapter 896, relating to offenses related to

14  financial transactions.

15         39.  Sections 914.22 and 914.23, relating to tampering

16  with a witness, victim, or informant, and retaliation against

17  a witness, victim, or informant.

18         40.  Sections 918.12 and 918.13, relating to tampering

19  with jurors and evidence.

20         Section 3.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999              CS for SB's 286, 722 & 1074
    307-1769B-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                  Senate Bill's 286, 722 & 1074

  3

  4  1.    Combines SB's 286, 722 & 1074.

  5  2.    Changes the elements of the identity theft offenses
          created by the three senate bills to willfully and
  6        fraudulently possessing or using an individual's
          personal identification information for the third degree
  7        felony, and to willfully possessing or using an
          individual's personal identification information to
  8        cause harassment for the first degree misdemeanor.

  9  3.    Adds a definition of harassment.

10  4.    Limits the sentencing court to rendering orders
          necessary to clear the victim's public records, rather
11        than SB 1074's provision which permits the trail court
          to render orders for both public and private records.
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    5.    Deletes SB 1074's provision that prosecution of the two
13        new offenses created by the bill has no affect on the
          prosecution of ss. 817.02, 817.03, and 817.54, F.S., or
14        any other state law.

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