House Bill hb0643

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2001                 HB 643

        By Representative Seiler






  1                      A bill to be entitled

  2         An act relating to the criminal use of personal

  3         identification information; amending s.

  4         817.568, F.S.; providing that the willful and

  5         fraudulent use of personal identification

  6         information of another individual is a felony

  7         of the second degree if the value of the

  8         pecuniary benefit resulting from such use is of

  9         a specified amount or more; providing an

10         effective date.

11

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

13

14         Section 1.  Section 817.568, Florida Statutes, is

15  amended to read:

16         817.568  Criminal use of personal identification

17  information.--

18         (1)  As used in this section:

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

20  account number, electronic serial number, mobile

21  identification number, personal identification number, or

22  other telecommunications service, equipment, or instrument

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

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

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

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

27  transfer originated solely by paper instrument.

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

29  competence to act.

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

31  specific person that is intended to cause substantial

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                 HB 643

    794-102-01






  1  emotional distress to such person and serves no legitimate

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

  3  information for accepted commercial purposes. The term does

  4  not include constitutionally protected conduct such as

  5  organized protests or the use of personal identification

  6  information for accepted commercial purposes.

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

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

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

10  entity.

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

12  1.01(3).

13         (f)  "Personal identification information" means any

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

15  any other information, to identify a specific individual,

16  including any:

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

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

19  or identification number, alien registration number,

20  government passport number, employer or taxpayer

21  identification number, or Medicaid or food stamp account

22  number;

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

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

25  representation;

26         3.  Unique electronic identification number, address,

27  or routing code; or

28         4.  Telecommunication identifying information or access

29  device.

30         (2)(a)  Any person who willfully and without

31  authorization fraudulently uses, or possesses with intent to

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                 HB 643

    794-102-01






  1  fraudulently use, personal identification information

  2  concerning an individual without first obtaining that

  3  individual's consent, commits the offense of fraudulent use of

  4  personal identification information, which is a felony of the

  5  third degree, punishable as provided in s. 775.082, s.

  6  775.083, or s. 775.084.

  7         (b)  Any person who willfully and without authorization

  8  fraudulently uses personal identification information

  9  concerning an individual without first obtaining that

10  individual's consent commits a felony of the second degree,

11  punishable as provided in s. 775.082, s. 775.083, or s.

12  775.084, if the pecuniary benefit, the value of the services

13  received, the payment sought to be avoided, or the amount of

14  the injury or fraud perpetrated is $75,000 or more.

15         (3)  Any person who willfully and without authorization

16  possesses, uses, or attempts to use personal identification

17  information concerning an individual without first obtaining

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

19  harassing that individual, commits the offense of harassment

20  by use of personal identification information, which is a

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

22  775.082 or s. 775.083.

23         (4)  This section does not prohibit any lawfully

24  authorized investigative, protective, or intelligence activity

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

26  political subdivisions, of any other state or its political

27  subdivisions, or of the Federal Government or its political

28  subdivisions.

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

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

31  defendant make restitution pursuant to s. 775.089 to any

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                 HB 643

    794-102-01






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

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

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

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

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

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

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

  8  of the defendant.

  9         (b)  The sentencing court may issue such orders as are

10  necessary to correct any public record that contains false

11  information given in violation of this section.

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

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

14  statewide prosecutor.

15         Section 2.  This act shall take effect October 1, 2001.

16

17            *****************************************

18                          SENATE SUMMARY

19    Provides that a person who fraudulently uses the personal
      identification information of another commits a
20    second-degree felony if the pecuniary benefit, value of
      services received, or amount of the fraud is $75,000 or
21    more.

22

23

24

25

26

27

28

29

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.