Senate Bill sb0524c1
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Florida Senate - 2001 CS for SB 524
By the Committee on Criminal Justice and Senator Burt
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1 A bill to be entitled
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 the offense severity ranking
22 chart 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) The proper venue for prosecuting a violation of
21 this section is the county where the victim resides or a
22 county in which any element of the violation was committed.
23 (9) A prosecution of an offense prohibited under
24 subsection (2) must be commenced within 3 years after the
25 offense occurred. However, a prosecution may be commenced
26 within 1 year after discovery of the offense by an aggrieved
27 party, or by a person who has a legal duty to represent the
28 aggrieved party and who is not a party to the offense, if such
29 prosecution is commenced within 5 years after the violation
30 occurred.
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1 Section 2. Paragraphs (d) and (e) of subsection (3) of
2 section 921.0022, Florida Statutes, are amended to read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
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7 Florida Felony
8 Statute Degree Description
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11 (d) LEVEL 4
12 316.1935(3) 2nd Driving at high speed or with
13 wanton disregard for safety while
14 fleeing or attempting to elude
15 law enforcement officer who is in
16 a marked patrol vehicle with
17 siren and lights activated.
18 784.07(2)(b) 3rd Battery of law enforcement
19 officer, firefighter, intake
20 officer, etc.
21 784.075 3rd Battery on detention or
22 commitment facility staff.
23 784.08(2)(c) 3rd Battery on a person 65 years of
24 age or older.
25 784.081(3) 3rd Battery on specified official or
26 employee.
27 784.082(3) 3rd Battery by detained person on
28 visitor or other detainee.
29 784.083(3) 3rd Battery on code inspector.
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1 784.085 3rd Battery of child by throwing,
2 tossing, projecting, or expelling
3 certain fluids or materials.
4 787.03(1) 3rd Interference with custody;
5 wrongly takes child from
6 appointed guardian.
7 787.04(2) 3rd Take, entice, or remove child
8 beyond state limits with criminal
9 intent pending custody
10 proceedings.
11 787.04(3) 3rd Carrying child beyond state lines
12 with criminal intent to avoid
13 producing child at custody
14 hearing or delivering to
15 designated person.
16 790.115(1) 3rd Exhibiting firearm or weapon
17 within 1,000 feet of a school.
18 790.115(2)(b) 3rd Possessing electric weapon or
19 device, destructive device, or
20 other weapon on school property.
21 790.115(2)(c) 3rd Possessing firearm on school
22 property.
23 800.04(7)(d) 3rd Lewd or lascivious exhibition;
24 offender less than 18 years.
25 810.02(4)(a) 3rd Burglary, or attempted burglary,
26 of an unoccupied structure;
27 unarmed; no assault or battery.
28 810.02(4)(b) 3rd Burglary, or attempted burglary,
29 of an unoccupied conveyance;
30 unarmed; no assault or battery.
31 810.06 3rd Burglary; possession of tools.
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1 810.08(2)(c) 3rd Trespass on property, armed with
2 firearm or dangerous weapon.
3 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
4 or more but less than $20,000.
5 812.014
6 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
7 firearm, motor vehicle,
8 livestock, etc.
9 817.563(1) 3rd Sell or deliver substance other
10 than controlled substance agreed
11 upon, excluding s. 893.03(5)
12 drugs.
13 817.568(2)(a) 3rd Fraudulent use of
14 personal-identification
15 information.
16 828.125(1) 2nd Kill, maim, or cause great bodily
17 harm or permanent breeding
18 disability to any registered
19 horse or cattle.
20 837.02(1) 3rd Perjury in official proceedings.
21 837.021(1) 3rd Make contradictory statements in
22 official proceedings.
23 843.021 3rd Possession of a concealed
24 handcuff key by a person in
25 custody.
26 843.025 3rd Deprive law enforcement,
27 correctional, or correctional
28 probation officer of means of
29 protection or communication.
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1 843.15(1)(a) 3rd Failure to appear while on bail
2 for felony (bond estreature or
3 bond jumping).
4 874.05(1) 3rd Encouraging or recruiting another
5 to join a criminal street gang.
6 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
7 893.03(1)(a), (b), or (d),
8 (2)(a), (2)(b), or (2)(c)4.
9 drugs).
10 914.14(2) 3rd Witnesses accepting bribes.
11 914.22(1) 3rd Force, threaten, etc., witness,
12 victim, or informant.
13 914.23(2) 3rd Retaliation against a witness,
14 victim, or informant, no bodily
15 injury.
16 918.12 3rd Tampering with jurors.
17 (e) LEVEL 5
18 316.027(1)(a) 3rd Accidents involving personal
19 injuries, failure to stop;
20 leaving scene.
21 316.1935(4) 2nd Aggravated fleeing or eluding.
22 322.34(6) 3rd Careless operation of motor
23 vehicle with suspended license,
24 resulting in death or serious
25 bodily injury.
26 327.30(5) 3rd Vessel accidents involving
27 personal injury; leaving scene.
28 381.0041(11)(b) 3rd Donate blood, plasma, or organs
29 knowing HIV positive.
30 790.01(2) 3rd Carrying a concealed firearm.
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1 790.162 2nd Threat to throw or discharge
2 destructive device.
3 790.163 2nd False report of deadly explosive.
4 790.165(2) 3rd Manufacture, sell, possess, or
5 deliver hoax bomb.
6 790.221(1) 2nd Possession of short-barreled
7 shotgun or machine gun.
8 790.23 2nd Felons in possession of firearms
9 or electronic weapons or devices.
10 800.04(6)(c) 3rd Lewd or lascivious conduct;
11 offender less than 18 years.
12 800.04(7)(c) 2nd Lewd or lascivious exhibition;
13 offender 18 years or older.
14 806.111(1) 3rd Possess, manufacture, or dispense
15 fire bomb with intent to damage
16 any structure or property.
17 812.019(1) 2nd Stolen property; dealing in or
18 trafficking in.
19 812.131(2)(b) 3rd Robbery by sudden snatching.
20 812.16(2) 3rd Owning, operating, or conducting
21 a chop shop.
22 817.034(4)(a)2. 2nd Communications fraud, value
23 $20,000 to $50,000.
24 817.568(2)(b) 2nd Fraudulent use of personal
25 identification information; value
26 of benefit, services received,
27 payment avoided, or amount of
28 injury or fraud, $75,000 or more.
29 825.1025(4) 3rd Lewd or lascivious exhibition in
30 the presence of an elderly person
31 or disabled adult.
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1 827.071(4) 2nd Possess with intent to promote
2 any photographic material, motion
3 picture, etc., which includes
4 sexual conduct by a child.
5 843.01 3rd Resist officer with violence to
6 person; resist arrest with
7 violence.
8 874.05(2) 2nd Encouraging or recruiting another
9 to join a criminal street gang;
10 second or subsequent offense.
11 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
12 cocaine (or other s.
13 893.03(1)(a), (1)(b), (1)(d),
14 (2)(a), (2)(b), or (2)(c)4.
15 drugs).
16 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
17 cannabis (or other s.
18 893.03(1)(c), (2)(c)1., (2)(c)2.,
19 (2)(c)3., (2)(c)5., (2)(c)6.,
20 (2)(c)7., (2)(c)8., (2)(c)9.,
21 (3), or (4) drugs) within 1,000
22 feet of a child care facility or
23 school.
24 893.13(1)(d)1. 1st Sell, manufacture, or deliver
25 cocaine (or other s.
26 893.03(1)(a), (1)(b), (1)(d),
27 (2)(a), (2)(b), or (2)(c)4.
28 drugs) within 200 feet of
29 university or public park.
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1 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
2 cannabis or other drug prohibited
3 under s. 893.03(1)(c), (2)(c)1.,
4 (2)(c)2., (2)(c)3., (2)(c)5.,
5 (2)(c)6., (2)(c)7., (2)(c)8.,
6 (2)(c)9., (3), or (4) within
7 1,000 feet of property used for
8 religious services or a specified
9 business site.
10 893.13(1)(f)1. 1st Sell, manufacture, or deliver
11 cocaine (or other s.
12 893.03(1)(a), (1)(b), (1)(d), or
13 (2)(a), (2)(b), or (2)(c)4.
14 drugs) within 200 feet of public
15 housing facility.
16 893.13(4)(b) 2nd Deliver to minor cannabis (or
17 other 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) drugs).
21 Section 3. This act shall take effect July 1, 2001.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 524
3
4 - Creates a new identity theft offense that provides that
any person who willfully and without authorization
5 fraudulently uses personal identification information
concerning an individual without first obtaining that
6 individual's consent commits a second degree felony if
the pecuniary benefit, the value of services received,
7 the payment sought to be avoided, or the amount of the
injury perpetrated is $75,000 or more.
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- Provides for reclassification of identity theft offenses
9 that were furthered or facilitated by the use of a
public record, ranks identity theft offenses, and
10 directs how reclassified offenses shall be ranked.
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