House Bill 0049
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Florida House of Representatives - 1999 HB 49
By Representative Trovillion
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 under specified circumstances a person who
6 knowingly uses or attempts to use personal
7 identification information concerning an
8 individual without previously obtaining the
9 individual's consent commits the offense of
10 fraudulent use of personal identification
11 information; providing that under specified
12 circumstances a person who wantonly and
13 maliciously uses or attempts to use personal
14 identification information concerning an
15 individual without first obtaining the
16 individual's consent commits the offense of
17 malicious use of personal identification
18 information; providing penalties; providing for
19 nonapplicability of the new provisions to
20 specified law enforcement activities; providing
21 for restitution, including attorney's fees and
22 costs to the victim; providing for prosecution
23 by the state attorney or the statewide
24 prosecutor; reenacting 464.018(1)(d), F.S.,
25 relating to disciplinary actions for violations
26 of the Nurse Practice Act, s. 772.102(1)(a),
27 F.S., relating to definition of "criminal
28 activity" with respect to the Civil Remedies
29 for Criminal Practices Act, and s.
30 895.02(1)(a), F.S., relating to definition of
31 "racketeering activity," to provide for
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1 incorporation of said new section in references
2 to ch. 817, F.S.; 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:
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) "Individual" means a single human being and does
23 not mean a firm, association of individuals, corporation,
24 partnership, joint venture, sole proprietorship, or any other
25 entity.
26 (d) "Person" means a "person" as defined in s.
27 1.01(3).
28 (e) "Personal identification information" means any
29 name or number that may be used, alone or in conjunction with
30 any other information, to identify a specific individual,
31 including any:
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Florida House of Representatives - 1999 HB 49
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1 1. Name, social security number, date of birth,
2 official state-issued or United States-issued driver's license
3 or identification number, alien registration number,
4 government passport number, employer or taxpayer
5 identification number, or Medicaid or food stamp account
6 number;
7 2. Unique biometric data, such as fingerprint, voice
8 print, retina or iris image, or other unique physical
9 representation;
10 3. Unique electronic identification number, address,
11 or routing code; or
12 4. Telecommunication identifying information or access
13 device.
14 (f) "Scheme or artifice to defraud" means a
15 systematic, ongoing course of conduct which is intended to
16 defraud one or more persons, or to obtain property from one or
17 more persons by false or fraudulent pretenses,
18 representations, or promises or willful misrepresentations of
19 a future act.
20 (g) "Specific use" means the particular transaction
21 contemplated by the owner of the personal identification
22 information when the owner initially shared it, and may
23 include continuous or repeated usage by the receiver of such
24 personal identification information only if there is a knowing
25 and voluntary agreement in writing or its electronic
26 equivalent between the information's owner and the receiver of
27 such personal identification information, allowing for
28 continuous or repeated usage by the receiver of such personal
29 identification information.
30 (h) "Wantonly and maliciously" means willfully and
31 purposely to the prejudice of an individual.
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1 (2) Any person who, in executing any scheme or
2 artifice to defraud, willfully, knowingly, and without
3 authorization uses or attempts to use personal identification
4 information concerning an individual without first obtaining
5 that individual's consent to the specific use commits the
6 crime of fraudulent use of personal identification
7 information, punishable as a felony of the third degree, as
8 provided in s. 775.082, s. 775.083, or s. 775.084.
9 (3) Any person who, without legal justification or
10 authorization, wantonly and maliciously uses or attempts to
11 use personal identification information concerning an
12 individual without first obtaining that individual's consent
13 to the specific use commits the crime of malicious use of
14 personal identification information, punishable as a
15 misdemeanor of the first degree, as provided in s. 775.082 or
16 s. 775.083.
17 (4) This section does not prohibit any lawfully
18 authorized investigative, protective, or intelligence activity
19 of a law enforcement agency of this state or any of its
20 political subdivisions, of any other state or its political
21 subdivisions, or of the Federal Government or its political
22 subdivisions.
23 (5) In sentencing a defendant convicted of an offense
24 under this section, the court may order that the defendant
25 make restitution pursuant to s. 775.089 to any victim of the
26 offense. In addition to the victim's out-of-pocket costs,
27 such restitution may include payment of any other costs,
28 including attorney's fees incurred by the victim in clearing
29 the victim's credit history or credit rating, or any costs
30 incurred in connection with any civil or administrative
31 proceeding to satisfy any debt, lien, or other obligation of
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1 the victim arising as the result of the actions of the
2 defendant.
3 (6) Prosecutions for violations of this section may be
4 brought on behalf of the state by any state attorney or by the
5 statewide prosecutor.
6 Section 2. For the purpose of incorporating section
7 817.568, Florida Statutes, as created by this act, in
8 references thereto, the following sections or subdivisions of
9 Florida Statutes or Florida Statutes, 1998 Supplement, are
10 reenacted to read:
11 464.018 Disciplinary actions.--
12 (1) The following acts shall be grounds for
13 disciplinary action set forth in this section:
14 (d) Being found guilty, regardless of adjudication, of
15 any of the following offenses:
16 1. A forcible felony as defined in chapter 776.
17 2. A violation of chapter 812, relating to theft,
18 robbery, and related crimes.
19 3. A violation of chapter 817, relating to fraudulent
20 practices.
21 4. A violation of chapter 800, relating to lewdness
22 and indecent exposure.
23 5. A violation of chapter 784, relating to assault,
24 battery, and culpable negligence.
25 6. A violation of chapter 827, relating to child
26 abuse.
27 7. A violation of chapter 415, relating to protection
28 from abuse, neglect, and exploitation.
29 8. A violation of chapter 39, relating to child abuse,
30 abandonment, and neglect.
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1 772.102 Definitions.--As used in this chapter, the
2 term:
3 (1) "Criminal activity" means to commit, to attempt to
4 commit, to conspire to commit, or to solicit, coerce, or
5 intimidate another person to commit:
6 (a) Any crime which is chargeable by indictment or
7 information under the following provisions:
8 1. Section 210.18, relating to evasion of payment of
9 cigarette taxes.
10 2. Section 414.39, relating to public assistance
11 fraud.
12 3. Section 440.105 or s. 440.106, relating to workers'
13 compensation.
14 4. Part IV of chapter 501, relating to telemarketing.
15 5. Chapter 517, relating to securities transactions.
16 6. Section 550.235, s. 550.3551, or s. 550.3605,
17 relating to dogracing and horseracing.
18 7. Chapter 550, relating to jai alai frontons.
19 8. Chapter 552, relating to the manufacture,
20 distribution, and use of explosives.
21 9. Chapter 562, relating to beverage law enforcement.
22 10. Section 624.401, relating to transacting insurance
23 without a certificate of authority, s. 624.437(4)(c)1.,
24 relating to operating an unauthorized multiple-employer
25 welfare arrangement, or s. 626.902(1)(b), relating to
26 representing or aiding an unauthorized insurer.
27 11. Chapter 687, relating to interest and usurious
28 practices.
29 12. Section 721.08, s. 721.09, or s. 721.13, relating
30 to real estate timeshare plans.
31 13. Chapter 782, relating to homicide.
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1 14. Chapter 784, relating to assault and battery.
2 15. Chapter 787, relating to kidnapping.
3 16. Chapter 790, relating to weapons and firearms.
4 17. Section 796.01, s. 796.03, s. 796.04, s. 796.05,
5 or s. 796.07, relating to prostitution.
6 18. Chapter 806, relating to arson.
7 19. Section 810.02(2)(c), relating to specified
8 burglary of a dwelling or structure.
9 20. Chapter 812, relating to theft, robbery, and
10 related crimes.
11 21. Chapter 815, relating to computer-related crimes.
12 22. Chapter 817, relating to fraudulent practices,
13 false pretenses, fraud generally, and credit card crimes.
14 23. Section 827.071, relating to commercial sexual
15 exploitation of children.
16 24. Chapter 831, relating to forgery and
17 counterfeiting.
18 25. Chapter 832, relating to issuance of worthless
19 checks and drafts.
20 26. Section 836.05, relating to extortion.
21 27. Chapter 837, relating to perjury.
22 28. Chapter 838, relating to bribery and misuse of
23 public office.
24 29. Chapter 843, relating to obstruction of justice.
25 30. Section 847.011, s. 847.012, s. 847.013, s.
26 847.06, or s. 847.07, relating to obscene literature and
27 profanity.
28 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23,
29 or s. 849.25, relating to gambling.
30 32. Chapter 893, relating to drug abuse prevention and
31 control.
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1 33. Section 914.22 or s. 914.23, relating to
2 witnesses, victims, or informants.
3 34. Section 918.12 or s. 918.13, relating to tampering
4 with jurors and evidence.
5 895.02 Definitions.--As used in ss. 895.01-895.08, the
6 term:
7 (1) "Racketeering activity" means to commit, to
8 attempt to commit, to conspire to commit, or to solicit,
9 coerce, or intimidate another person to commit:
10 (a) Any crime which is chargeable by indictment or
11 information under the following provisions of the Florida
12 Statutes:
13 1. Section 210.18, relating to evasion of payment of
14 cigarette taxes.
15 2. Section 403.727(3)(b), relating to environmental
16 control.
17 3. Section 414.39, relating to public assistance
18 fraud.
19 4. Section 409.920, relating to Medicaid provider
20 fraud.
21 5. Section 440.105 or s. 440.106, relating to workers'
22 compensation.
23 6. Part IV of chapter 501, relating to telemarketing.
24 7. Chapter 517, relating to sale of securities and
25 investor protection.
26 8. Section 550.235, s. 550.3551, or s. 550.3605,
27 relating to dogracing and horseracing.
28 9. Chapter 550, relating to jai alai frontons.
29 10. Chapter 552, relating to the manufacture,
30 distribution, and use of explosives.
31 11. Chapter 562, relating to beverage law enforcement.
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1 12. Section 624.401, relating to transacting insurance
2 without a certificate of authority, s. 624.437(4)(c)1.,
3 relating to operating an unauthorized multiple-employer
4 welfare arrangement, or s. 626.902(1)(b), relating to
5 representing or aiding an unauthorized insurer.
6 13. Section 655.50, relating to reports of currency
7 transactions, when such violation is punishable as a felony.
8 14. Chapter 687, relating to interest and usurious
9 practices.
10 15. Section 721.08, s. 721.09, or s. 721.13, relating
11 to real estate timeshare plans.
12 16. Chapter 782, relating to homicide.
13 17. Chapter 784, relating to assault and battery.
14 18. Chapter 787, relating to kidnapping.
15 19. Chapter 790, relating to weapons and firearms.
16 20. Section 796.03, s. 796.04, s. 796.05, or s.
17 796.07, relating to prostitution.
18 21. Chapter 806, relating to arson.
19 22. Section 810.02(2)(c), relating to specified
20 burglary of a dwelling or structure.
21 23. Chapter 812, relating to theft, robbery, and
22 related crimes.
23 24. Chapter 815, relating to computer-related crimes.
24 25. Chapter 817, relating to fraudulent practices,
25 false pretenses, fraud generally, and credit card crimes.
26 26. Chapter 825, relating to abuse, neglect, or
27 exploitation of an elderly person or disabled adult.
28 27. Section 827.071, relating to commercial sexual
29 exploitation of children.
30 28. Chapter 831, relating to forgery and
31 counterfeiting.
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1 29. Chapter 832, relating to issuance of worthless
2 checks and drafts.
3 30. Section 836.05, relating to extortion.
4 31. Chapter 837, relating to perjury.
5 32. Chapter 838, relating to bribery and misuse of
6 public office.
7 33. Chapter 843, relating to obstruction of justice.
8 34. Section 847.011, s. 847.012, s. 847.013, s.
9 847.06, or s. 847.07, relating to obscene literature and
10 profanity.
11 35. Section 849.09, s. 849.14, s. 849.15, s. 849.23,
12 or s. 849.25, relating to gambling.
13 36. Chapter 874, relating to criminal street gangs.
14 37. Chapter 893, relating to drug abuse prevention and
15 control.
16 38. Chapter 896, relating to offenses related to
17 financial transactions.
18 39. Sections 914.22 and 914.23, relating to tampering
19 with a witness, victim, or informant, and retaliation against
20 a witness, victim, or informant.
21 40. Sections 918.12 and 918.13, relating to tampering
22 with jurors and evidence.
23 Section 3. This act shall take effect July 1, 1999.
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2 HOUSE SUMMARY
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Provides definitions. Provides that a person who
4 knowingly uses or attempts to use personal identification
information concerning an individual without previously
5 obtaining the individual's consent commits fraudulent use
of personal identification information, under specified
6 circumstances. Provides that a person who wantonly and
maliciously uses or attempts to use personal
7 identification information concerning an individual
without first obtaining the individual's consent commits
8 malicious use of personal identification information,
under specified circumstances. Provides penalties.
9 Provides for nonapplicability of the new provisions to
specified law enforcement activities. Provides for
10 restitution, including attorney's fees and costs to the
victim. Provides for prosecution by the state attorney or
11 the statewide prosector.
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