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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    Florida House of Representatives - 1999                  HB 49

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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

  3
      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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