House Bill hb1845er
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2 An act relating to the criminal use of personal
3 information; amending s. 817.568, F.S.;
4 providing that the willful and fraudulent use
5 of personal identification information of
6 another individual is a felony of the second
7 degree if the value of the pecuniary benefit
8 services received, payment sought to be
9 avoided, or injury or fraud perpetrated is of a
10 specified amount or more; providing for
11 reclassification of certain offenses involving
12 the criminal use of personal-identification
13 information if the offense was facilitated by
14 the use of a public record; requiring that such
15 offense be prosecuted in the county where the
16 victim resides or in a county where any element
17 of the offense occurred; limiting the time
18 within which a person who fraudulently uses
19 personal-identification information must be
20 prosecuted; amending s. 921.0022, F.S.,
21 relating to the offense severity ranking chart
22 of the Criminal Punishment Code; ranking
23 offenses relating to fraudulent use of personal
24 identification information; providing an
25 effective date.
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27 Be It Enacted by the Legislature of the State of Florida:
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29 Section 1. Section 817.568, Florida Statutes, is
30 amended to read:
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1 817.568 Criminal use of personal identification
2 information.--
3 (1) As used in this section, the term:
4 (a) "Access device" means any card, plate, code,
5 account number, electronic serial number, mobile
6 identification number, personal identification number, or
7 other telecommunications service, equipment, or instrument
8 identifier, or other means of account access that can be used,
9 alone or in conjunction with another access device, to obtain
10 money, goods, services, or any other thing of value, or that
11 can be used to initiate a transfer of funds, other than a
12 transfer originated solely by paper instrument.
13 (b) "Authorization" means empowerment, permission, or
14 competence to act.
15 (c) "Harass" means to engage in conduct directed at a
16 specific person that is intended to cause substantial
17 emotional distress to such person and serves no legitimate
18 purpose. "Harass" does not mean to use personal identification
19 information for accepted commercial purposes. The term does
20 not include constitutionally protected conduct such as
21 organized protests or the use of personal identification
22 information for accepted commercial purposes.
23 (d) "Individual" means a single human being and does
24 not mean a firm, association of individuals, corporation,
25 partnership, joint venture, sole proprietorship, or any other
26 entity.
27 (e) "Person" means a "person" as defined in s.
28 1.01(3).
29 (f) "Personal identification information" means any
30 name or number that may be used, alone or in conjunction with
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1 any other information, to identify a specific individual,
2 including any:
3 1. Name, social security number, date of birth,
4 official state-issued or United States-issued driver's license
5 or identification number, alien registration number,
6 government passport number, employer or taxpayer
7 identification number, or Medicaid or food stamp account
8 number;
9 2. Unique biometric data, such as fingerprint, voice
10 print, retina or iris image, or other unique physical
11 representation;
12 3. Unique electronic identification number, address,
13 or routing code; or
14 4. Telecommunication identifying information or access
15 device.
16 (2)(a) Any person who willfully and without
17 authorization fraudulently uses, or possesses with intent to
18 fraudulently use, personal identification information
19 concerning an individual without first obtaining that
20 individual's consent, commits the offense of fraudulent use of
21 personal identification information, which is a felony of the
22 third degree, punishable as provided in s. 775.082, s.
23 775.083, or s. 775.084.
24 (b) Any person who willfully and without authorization
25 fraudulently uses personal identification information
26 concerning an individual without first obtaining that
27 individual's consent commits a felony of the second degree,
28 punishable as provided in s. 775.082, s. 775.083, or s.
29 775.084, if the pecuniary benefit, the value of the services
30 received, the payment sought to be avoided, or the amount of
31 the injury or fraud perpetrated is $75,000 or more.
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1 (3) Any person who willfully and without authorization
2 possesses, uses, or attempts to use personal identification
3 information concerning an individual without first obtaining
4 that individual's consent, and who does so for the purpose of
5 harassing that individual, commits the offense of harassment
6 by use of personal identification information, which is a
7 misdemeanor of the first degree, punishable as provided in s.
8 775.082 or s. 775.083.
9 (4) If an offense prohibited under this section was
10 facilitated or furthered by the use of a public record, as
11 defined in s. 119.011, the offense is reclassified to the next
12 higher degree as follows:
13 (a) A misdemeanor of the first degree is reclassified
14 as a felony of the third degree.
15 (b) A felony of the third degree is reclassified as a
16 felony of the second degree.
17 (c) A felony of the second degree is reclassified as a
18 felony of the first degree.
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20 For purposes of sentencing under chapter 921 and incentive
21 gain-time eligibility under chapter 944, a felony offense that
22 is reclassified under this subsection is ranked one level
23 above the ranking under s. 921.0022 of the felony offense
24 committed, and a misdemeanor offense that is reclassified
25 under this subsection is ranked in level 2 of the offense
26 severity ranking chart in s. 921.0022.
27 (5)(4) This section does not prohibit any lawfully
28 authorized investigative, protective, or intelligence activity
29 of a law enforcement agency of this state or any of its
30 political subdivisions, of any other state or its political
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1 subdivisions, or of the Federal Government or its political
2 subdivisions.
3 (6)(5)(a) In sentencing a defendant convicted of an
4 offense under this section, the court may order that the
5 defendant make restitution pursuant to s. 775.089 to any
6 victim of the offense. In addition to the victim's
7 out-of-pocket costs, such restitution may include payment of
8 any other costs, including attorney's fees incurred by the
9 victim in clearing the victim's credit history or credit
10 rating, or any costs incurred in connection with any civil or
11 administrative proceeding to satisfy any debt, lien, or other
12 obligation of the victim arising as the result of the actions
13 of the defendant.
14 (b) The sentencing court may issue such orders as are
15 necessary to correct any public record that contains false
16 information given in violation of this section.
17 (7)(6) Prosecutions for violations of this section may
18 be brought on behalf of the state by any state attorney or by
19 the statewide prosecutor.
20 (8) LEGISLATIVE FINDING. The Legislature finds that,
21 in the absence of evidence to the contrary, the location where
22 a victim gives or fails to give consent to the use of personal
23 identification information is the county where the victim
24 generally resides.
25 (9) Notwithstanding any other provision of law, venue
26 for the prosecution and trial of violations of this section
27 may be commenced and maintained in any county in which an
28 element of the offense occurred, including the county where
29 the victim generally resides.
30 (10) A prosecution of an offense prohibited under
31 subsection (2) must be commenced within 3 years after the
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1 offense occurred. However, a prosecution may be commenced
2 within 1 year after discovery of the offense by an aggrieved
3 party, or by a person who has a legal duty to represent the
4 aggrieved party and who is not a party to the offense, if such
5 prosecution is commenced within 5 years after the violation
6 occurred.
7 Section 2. Paragraphs (d) and (e) of subsection (3) of
8 section 921.0022, Florida Statutes, are amended to read:
9 921.0022 Criminal Punishment Code; offense severity
10 ranking chart.--
11 (3) OFFENSE SEVERITY RANKING CHART
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13 Florida Felony
14 Statute Degree Description
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17 (d) LEVEL 4
18 316.1935(3) 2nd Driving at high speed or with
19 wanton disregard for safety while
20 fleeing or attempting to elude
21 law enforcement officer who is in
22 a marked patrol vehicle with
23 siren and lights activated.
24 784.07(2)(b) 3rd Battery of law enforcement
25 officer, firefighter, intake
26 officer, etc.
27 784.075 3rd Battery on detention or
28 commitment facility staff.
29 784.08(2)(c) 3rd Battery on a person 65 years of
30 age or older.
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1 784.081(3) 3rd Battery on specified official or
2 employee.
3 784.082(3) 3rd Battery by detained person on
4 visitor or other detainee.
5 784.083(3) 3rd Battery on code inspector.
6 784.085 3rd Battery of child by throwing,
7 tossing, projecting, or expelling
8 certain fluids or materials.
9 787.03(1) 3rd Interference with custody;
10 wrongly takes child from
11 appointed guardian.
12 787.04(2) 3rd Take, entice, or remove child
13 beyond state limits with criminal
14 intent pending custody
15 proceedings.
16 787.04(3) 3rd Carrying child beyond state lines
17 with criminal intent to avoid
18 producing child at custody
19 hearing or delivering to
20 designated person.
21 790.115(1) 3rd Exhibiting firearm or weapon
22 within 1,000 feet of a school.
23 790.115(2)(b) 3rd Possessing electric weapon or
24 device, destructive device, or
25 other weapon on school property.
26 790.115(2)(c) 3rd Possessing firearm on school
27 property.
28 800.04(7)(d) 3rd Lewd or lascivious exhibition;
29 offender less than 18 years.
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1 810.02(4)(a) 3rd Burglary, or attempted burglary,
2 of an unoccupied structure;
3 unarmed; no assault or battery.
4 810.02(4)(b) 3rd Burglary, or attempted burglary,
5 of an unoccupied conveyance;
6 unarmed; no assault or battery.
7 810.06 3rd Burglary; possession of tools.
8 810.08(2)(c) 3rd Trespass on property, armed with
9 firearm or dangerous weapon.
10 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
11 or more but less than $20,000.
12 812.014
13 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
14 firearm, motor vehicle,
15 livestock, etc.
16 817.563(1) 3rd Sell or deliver substance other
17 than controlled substance agreed
18 upon, excluding s. 893.03(5)
19 drugs.
20 817.568(2)(a) 3rd Fraudulent use of
21 personal-identification
22 information.
23 828.125(1) 2nd Kill, maim, or cause great bodily
24 harm or permanent breeding
25 disability to any registered
26 horse or cattle.
27 837.02(1) 3rd Perjury in official proceedings.
28 837.021(1) 3rd Make contradictory statements in
29 official proceedings.
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1 843.021 3rd Possession of a concealed
2 handcuff key by a person in
3 custody.
4 843.025 3rd Deprive law enforcement,
5 correctional, or correctional
6 probation officer of means of
7 protection or communication.
8 843.15(1)(a) 3rd Failure to appear while on bail
9 for felony (bond estreature or
10 bond jumping).
11 874.05(1) 3rd Encouraging or recruiting another
12 to join a criminal street gang.
13 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
14 893.03(1)(a), (b), or (d),
15 (2)(a), (2)(b), or (2)(c)4.
16 drugs).
17 914.14(2) 3rd Witnesses accepting bribes.
18 914.22(1) 3rd Force, threaten, etc., witness,
19 victim, or informant.
20 914.23(2) 3rd Retaliation against a witness,
21 victim, or informant, no bodily
22 injury.
23 918.12 3rd Tampering with jurors.
24 (e) LEVEL 5
25 316.027(1)(a) 3rd Accidents involving personal
26 injuries, failure to stop;
27 leaving scene.
28 316.1935(4) 2nd Aggravated fleeing or eluding.
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1 322.34(6) 3rd Careless operation of motor
2 vehicle with suspended license,
3 resulting in death or serious
4 bodily injury.
5 327.30(5) 3rd Vessel accidents involving
6 personal injury; leaving scene.
7 381.0041(11)(b) 3rd Donate blood, plasma, or organs
8 knowing HIV positive.
9 790.01(2) 3rd Carrying a concealed firearm.
10 790.162 2nd Threat to throw or discharge
11 destructive device.
12 790.163 2nd False report of deadly explosive.
13 790.165(2) 3rd Manufacture, sell, possess, or
14 deliver hoax bomb.
15 790.221(1) 2nd Possession of short-barreled
16 shotgun or machine gun.
17 790.23 2nd Felons in possession of firearms
18 or electronic weapons or devices.
19 800.04(6)(c) 3rd Lewd or lascivious conduct;
20 offender less than 18 years.
21 800.04(7)(c) 2nd Lewd or lascivious exhibition;
22 offender 18 years or older.
23 806.111(1) 3rd Possess, manufacture, or dispense
24 fire bomb with intent to damage
25 any structure or property.
26 812.019(1) 2nd Stolen property; dealing in or
27 trafficking in.
28 812.131(2)(b) 3rd Robbery by sudden snatching.
29 812.16(2) 3rd Owning, operating, or conducting
30 a chop shop.
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1 817.034(4)(a)2. 2nd Communications fraud, value
2 $20,000 to $50,000.
3 817.568(2)(b) 2nd Fraudulent use of personal
4 identification information; value
5 of benefit, services received,
6 payment avoided, or amount of
7 injury or fraud, $75,000 or more.
8 825.1025(4) 3rd Lewd or lascivious exhibition in
9 the presence of an elderly person
10 or disabled adult.
11 827.071(4) 2nd Possess with intent to promote
12 any photographic material, motion
13 picture, etc., which includes
14 sexual conduct by a child.
15 843.01 3rd Resist officer with violence to
16 person; resist arrest with
17 violence.
18 874.05(2) 2nd Encouraging or recruiting another
19 to join a criminal street gang;
20 second or subsequent offense.
21 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
22 cocaine (or other s.
23 893.03(1)(a), (1)(b), (1)(d),
24 (2)(a), (2)(b), or (2)(c)4.
25 drugs).
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1 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c)1., (2)(c)2.,
4 (2)(c)3., (2)(c)5., (2)(c)6.,
5 (2)(c)7., (2)(c)8., (2)(c)9.,
6 (3), or (4) drugs) within 1,000
7 feet of a child care facility or
8 school.
9 893.13(1)(d)1. 1st Sell, manufacture, or deliver
10 cocaine (or other s.
11 893.03(1)(a), (1)(b), (1)(d),
12 (2)(a), (2)(b), or (2)(c)4.
13 drugs) within 200 feet of
14 university or public park.
15 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
16 cannabis or other drug prohibited
17 under s. 893.03(1)(c), (2)(c)1.,
18 (2)(c)2., (2)(c)3., (2)(c)5.,
19 (2)(c)6., (2)(c)7., (2)(c)8.,
20 (2)(c)9., (3), or (4) within
21 1,000 feet of property used for
22 religious services or a specified
23 business site.
24 893.13(1)(f)1. 1st Sell, manufacture, or deliver
25 cocaine (or other s.
26 893.03(1)(a), (1)(b), (1)(d), or
27 (2)(a), (2)(b), or (2)(c)4.
28 drugs) within 200 feet of public
29 housing facility.
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1 893.13(4)(b) 2nd Deliver to minor cannabis (or
2 other s. 893.03(1)(c), (2)(c)1.,
3 (2)(c)2., (2)(c)3., (2)(c)5.,
4 (2)(c)6., (2)(c)7., (2)(c)8.,
5 (2)(c)9., (3), or (4) drugs).
6 Section 3. This act shall take effect July 1, 2001.
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