House Bill 0049e1

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                                     CS/HB 49, First Engrossed/ntc



  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 for prosecution by the state

20         attorney or the statewide prosecutor;

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

22         disciplinary actions for violations of the

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

24         relating to definition of "criminal activity"

25         with respect to the Civil Remedies for Criminal

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

27         relating to definition of "racketeering

28         activity," to provide for incorporation of said

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

30         providing an effective date.

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                                     CS/HB 49, First Engrossed/ntc



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

  2

  3         Section 1.  Section 817.568, Florida Statutes, is

  4  created to read:

  5         817.568  Criminal use of personal identification

  6  information.--

  7         (1)  As used in this section:

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

  9  account number, electronic serial number, mobile

10  identification number, personal identification number, or

11  other telecommunications service, equipment, or instrument

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

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

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

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

16  transfer originated solely by paper instrument.

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

18  competence to act.

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

20  specific person that is intended to cause substantial

21  emotional distress to such person and serves no legitimate

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

23  information for accepted commercial purposes. The term does

24  not include constitutionally protected conduct such as

25  organized protests or the use of personal identification

26  information for accepted commercial purposes.

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

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

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

30  entity.

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                                     CS/HB 49, First Engrossed/ntc



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

  2  1.01(3).

  3         (f)  "Personal identification information" means any

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

  5  any other information, to identify a specific individual,

  6  including any:

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

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

  9  or identification number, alien registration number,

10  government passport number, employer or taxpayer

11  identification number, or Medicaid or food stamp account

12  number;

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

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

15  representation;

16         3.  Unique electronic identification number, address,

17  or routing code; or

18         4.  Telecommunication identifying information or access

19  device.

20         (2)  Any person who willfully and without authorization

21  fraudulently uses, or possesses with intent to fraudulently

22  use, personal identification information concerning an

23  individual without first obtaining that individual's consent,

24  commits the offense of fraudulent use of personal

25  identification information, which is a felony of the third

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

27  s. 775.084.

28         (3)  Any person who willfully and without authorization

29  possesses, uses, or attempts to use personal identification

30  information concerning an individual without first obtaining

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


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                                     CS/HB 49, First Engrossed/ntc



  1  harassing that individual, commits the offense of harassment

  2  by use of personal identification information, which is a

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

  4  775.082 or s. 775.083.

  5         (4)  This section does not prohibit any lawfully

  6  authorized investigative, protective, or intelligence activity

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

  8  political subdivisions, of any other state or its political

  9  subdivisions, or of the Federal Government or its political

10  subdivisions.

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

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

13  defendant make restitution pursuant to s. 775.089 to any

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

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

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

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

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

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

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

21  of the defendant.

22         (5)(b)  The sentencing court may issue such orders as

23  are necessary to correct any public record that contains false

24  information given in violation of this section.

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

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

27  statewide prosecutor.

28         Section 2.  For the purpose of incorporating section

29  817.568, Florida Statutes, as created by this act, in

30  references thereto, the following sections or subdivisions of

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                                     CS/HB 49, First Engrossed/ntc



  1  Florida Statutes or Florida Statutes, 1998 Supplement, are

  2  reenacted to read:

  3         464.018  Disciplinary actions.--

  4         (1)  The following acts shall be grounds for

  5  disciplinary action set forth in this section:

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

  7  any of the following offenses:

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

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

10  robbery, and related crimes.

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

12  practices.

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

14  and indecent exposure.

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

16  battery, and culpable negligence.

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

18  abuse.

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

20  from abuse, neglect, and exploitation.

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

22  abandonment, and neglect.

23         772.102  Definitions.--As used in this chapter, the

24  term:

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

26  commit, to conspire to commit, or to solicit, coerce, or

27  intimidate another person to commit:

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

29  information under the following provisions:

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

31  cigarette taxes.


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                                     CS/HB 49, First Engrossed/ntc



  1         2.  Section 414.39, relating to public assistance

  2  fraud.

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

  4  compensation.

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

  6         5.  Chapter 517, relating to securities transactions.

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

  8  relating to dogracing and horseracing.

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

10         8.  Chapter 552, relating to the manufacture,

11  distribution, and use of explosives.

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

13         10.  Section 624.401, relating to transacting insurance

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

15  relating to operating an unauthorized multiple-employer

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

17  representing or aiding an unauthorized insurer.

18         11.  Chapter 687, relating to interest and usurious

19  practices.

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

21  to real estate timeshare plans.

22         13.  Chapter 782, relating to homicide.

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

24         15.  Chapter 787, relating to kidnapping.

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

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

27  or s. 796.07, relating to prostitution.

28         18.  Chapter 806, relating to arson.

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

30  burglary of a dwelling or structure.

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                                     CS/HB 49, First Engrossed/ntc



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

  2  related crimes.

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

  4         22.  Chapter 817, relating to fraudulent practices,

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

  6         23.  Section 827.071, relating to commercial sexual

  7  exploitation of children.

  8         24.  Chapter 831, relating to forgery and

  9  counterfeiting.

10         25.  Chapter 832, relating to issuance of worthless

11  checks and drafts.

12         26.  Section 836.05, relating to extortion.

13         27.  Chapter 837, relating to perjury.

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

15  public office.

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

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

18  847.06, or s. 847.07, relating to obscene literature and

19  profanity.

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

21  or s. 849.25, relating to gambling.

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

23  control.

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

25  witnesses, victims, or informants.

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

27  with jurors and evidence.

28         895.02  Definitions.--As used in ss. 895.01-895.08, the

29  term:

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                                     CS/HB 49, First Engrossed/ntc



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

  2  attempt to commit, to conspire to commit, or to solicit,

  3  coerce, or intimidate another person to commit:

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

  5  information under the following provisions of the Florida

  6  Statutes:

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

  8  cigarette taxes.

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

10  control.

11         3.  Section 414.39, relating to public assistance

12  fraud.

13         4.  Section 409.920, relating to Medicaid provider

14  fraud.

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

16  compensation.

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

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

19  investor protection.

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

21  relating to dogracing and horseracing.

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

23         10.  Chapter 552, relating to the manufacture,

24  distribution, and use of explosives.

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

26         12.  Section 624.401, relating to transacting insurance

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

28  relating to operating an unauthorized multiple-employer

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

30  representing or aiding an unauthorized insurer.

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                                     CS/HB 49, First Engrossed/ntc



  1         13.  Section 655.50, relating to reports of currency

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

  3         14.  Chapter 687, relating to interest and usurious

  4  practices.

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

  6  to real estate timeshare plans.

  7         16.  Chapter 782, relating to homicide.

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

  9         18.  Chapter 787, relating to kidnapping.

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

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

12  796.07, relating to prostitution.

13         21.  Chapter 806, relating to arson.

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

15  burglary of a dwelling or structure.

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

17  related crimes.

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

19         25.  Chapter 817, relating to fraudulent practices,

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

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

22  exploitation of an elderly person or disabled adult.

23         27.  Section 827.071, relating to commercial sexual

24  exploitation of children.

25         28.  Chapter 831, relating to forgery and

26  counterfeiting.

27         29.  Chapter 832, relating to issuance of worthless

28  checks and drafts.

29         30.  Section 836.05, relating to extortion.

30         31.  Chapter 837, relating to perjury.

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                                     CS/HB 49, First Engrossed/ntc



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

  2  public office.

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

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

  5  847.06, or s. 847.07, relating to obscene literature and

  6  profanity.

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

  8  or s. 849.25, relating to gambling.

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

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

11  control.

12         38.  Chapter 896, relating to offenses related to

13  financial transactions.

14         39.  Sections 914.22 and 914.23, relating to tampering

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

16  a witness, victim, or informant.

17         40.  Sections 918.12 and 918.13, relating to tampering

18  with jurors and evidence.

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

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