Senate Bill sb1072

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    Florida Senate - 2003                                  SB 1072

    By Senator Crist





    12-188-03

  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.; revising the elements of the

  5         offense to reduce the amount required for

  6         unlawful benefit, injury, or fraud; providing

  7         that such criminal use of personal

  8         identification information is a second-degree

  9         felony; amending s. 921.0022, F.S., relating to

10         the offense severity ranking chart of the

11         Criminal Punishment Code; conforming provisions

12         to changes made by the act; providing an

13         effective date.

14

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

16

17         Section 1.  Section 817.568, Florida Statutes, is

18  amended to read:

19         817.568  Criminal use of personal identification

20  information.--

21         (1)  As used in this section, the term:

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

23  account number, electronic serial number, mobile

24  identification number, personal identification number, or

25  other telecommunications service, equipment, or instrument

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

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

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

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

30  transfer originated solely by paper instrument.

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

  2  competence to act.

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

  4  specific person that is intended to cause substantial

  5  emotional distress to such person and serves no legitimate

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

  7  information for accepted commercial purposes. The term does

  8  not include constitutionally protected conduct such as

  9  organized protests or the use of personal identification

10  information for accepted commercial purposes.

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

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

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

14  entity.

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

16  1.01(3).

17         (f)  "Personal identification information" means any

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

19  any other information, to identify a specific individual,

20  including any:

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

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

23  or identification number, alien registration number,

24  government passport number, employer or taxpayer

25  identification number, or Medicaid or food stamp account

26  number;

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

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

29  representation;

30         3.  Unique electronic identification number, address,

31  or routing code; or

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    Florida Senate - 2003                                  SB 1072
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  1         4.  Telecommunication identifying information or access

  2  device.

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

  4  authorization fraudulently uses, or possesses with intent to

  5  fraudulently use, personal identification information

  6  concerning an individual without first obtaining that

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

  8  personal identification information, which is a felony of the

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

10  775.083, or s. 775.084.

11         (b)  Any person who willfully and without authorization

12  fraudulently uses personal identification information

13  concerning an individual without first obtaining that

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

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

16  775.084, if the pecuniary benefit, the value of the services

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

18  the injury or fraud perpetrated is $5,000 $75,000 or more.

19         (3)  Any person who willfully and without authorization

20  possesses, uses, or attempts to use personal identification

21  information concerning an individual without first obtaining

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

23  harassing that individual, commits the offense of harassment

24  by use of personal identification information, which is a

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

26  775.082 or s. 775.083.

27         (4)  If an offense prohibited under this section was

28  facilitated or furthered by the use of a public record, as

29  defined in s. 119.011, the offense is reclassified to the next

30  higher degree as follows:

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  1         (a)  A misdemeanor of the first degree is reclassified

  2  as a felony of the third degree.

  3         (b)  A felony of the third degree is reclassified as a

  4  felony of the second degree.

  5         (c)  A felony of the second degree is reclassified as a

  6  felony of the first degree.

  7

  8  For purposes of sentencing under chapter 921 and incentive

  9  gain-time eligibility under chapter 944, a felony offense that

10  is reclassified under this subsection is ranked one level

11  above the ranking under s. 921.0022 of the felony offense

12  committed, and a misdemeanor offense that is reclassified

13  under this subsection is ranked in level 2 of the offense

14  severity ranking chart in s. 921.0022.

15         (5)  This section does not prohibit any lawfully

16  authorized investigative, protective, or intelligence activity

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

18  political subdivisions, of any other state or its political

19  subdivisions, or of the Federal Government or its political

20  subdivisions.

21         (6)(a)  In sentencing a defendant convicted of an

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

23  defendant make restitution pursuant to s. 775.089 to any

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

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

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

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

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

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

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

31  of the defendant.

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

  2  necessary to correct any public record that contains false

  3  information given in violation of this section.

  4         (7)  Prosecutions for violations of this section may be

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

  6  statewide prosecutor.

  7         (8)  The Legislature finds that, in the absence of

  8  evidence to the contrary, the location where a victim gives or

  9  fails to give consent to the use of personal identification

10  information is the county where the victim generally resides.

11         (9)  Notwithstanding any other provision of law, venue

12  for the prosecution and trial of violations of this section

13  may be commenced and maintained in any county in which an

14  element of the offense occurred, including the county where

15  the victim generally resides.

16         (10)  A prosecution of an offense prohibited under

17  subsection (2) must be commenced within 3 years after the

18  offense occurred. However, a prosecution may be commenced

19  within 1 year after discovery of the offense by an aggrieved

20  party, or by a person who has a legal duty to represent the

21  aggrieved party and who is not a party to the offense, if such

22  prosecution is commenced within 5 years after the violation

23  occurred.

24         Section 2.  Paragraph (e) of subsection (3) of section

25  921.0022, Florida Statutes, is amended to read:

26         921.0022  Criminal Punishment Code; offense severity

27  ranking chart.--

28         (3)  OFFENSE SEVERITY RANKING CHART

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    Florida Senate - 2003                                  SB 1072
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  1  Florida           Felony

  2  Statute           Degree             Description

  3

  4

  5                              (e)  LEVEL 5

  6  316.027(1)(a)      3rd      Accidents involving personal

  7                              injuries, failure to stop;

  8                              leaving scene.

  9  316.1935(4)        2nd      Aggravated fleeing or eluding.

10  322.34(6)          3rd      Careless operation of motor

11                              vehicle with suspended license,

12                              resulting in death or serious

13                              bodily injury.

14  327.30(5)          3rd      Vessel accidents involving

15                              personal injury; leaving scene.

16  381.0041

17   (11)(b)           3rd      Donate blood, plasma, or organs

18                              knowing HIV positive.

19  790.01(2)          3rd      Carrying a concealed firearm.

20  790.162            2nd      Threat to throw or discharge

21                              destructive device.

22  790.163(1)         2nd      False report of deadly explosive

23                              or weapon of mass destruction.

24  790.221(1)         2nd      Possession of short-barreled

25                              shotgun or machine gun.

26  790.23             2nd      Felons in possession of firearms

27                              or electronic weapons or devices.

28  800.04(6)(c)       3rd      Lewd or lascivious conduct;

29                              offender less than 18 years.

30  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

31                              offender 18 years or older.

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  1  806.111(1)         3rd      Possess, manufacture, or dispense

  2                              fire bomb with intent to damage

  3                              any structure or property.

  4  812.0145(2)(b)     2nd      Theft from person 65 years of age

  5                              or older; $10,000 or more but

  6                              less than $50,000.

  7  812.015(8)         3rd      Retail theft; property stolen is

  8                              valued at $300 or more and one or

  9                              more specified acts.

10  812.019(1)         2nd      Stolen property; dealing in or

11                              trafficking in.

12  812.131(2)(b)      3rd      Robbery by sudden snatching.

13  812.16(2)          3rd      Owning, operating, or conducting

14                              a chop shop.

15  817.034(4)(a)2.    2nd      Communications fraud, value

16                              $20,000 to $50,000.

17  817.234(11)(b)     2nd      Insurance fraud; property value

18                              $20,000 or more but less than

19                              $100,000.

20  817.568(2)(b)      2nd      Fraudulent use of personal

21                              identification information; value

22                              of benefit, services received,

23                              payment avoided, or amount of

24                              injury or fraud, $5,000 $75,000

25                              or more.

26  817.625(2)(b)      2nd      Second or subsequent fraudulent

27                              use of scanning device or

28                              reencoder.

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  839.13(2)(b)       2nd      Falsifying records of an

  6                              individual in the care and

  7                              custody of a state agency

  8                              involving great bodily harm or

  9                              death.

10  843.01             3rd      Resist officer with violence to

11                              person; resist arrest with

12                              violence.

13  874.05(2)          2nd      Encouraging or recruiting another

14                              to join a criminal street gang;

15                              second or subsequent offense.

16  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

17                              cocaine (or other s.

18                              893.03(1)(a), (1)(b), (1)(d),

19                              (2)(a), (2)(b), or (2)(c)4.

20                              drugs).

21  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

22                              cannabis (or other s.

23                              893.03(1)(c), (2)(c)1., (2)(c)2.,

24                              (2)(c)3., (2)(c)5., (2)(c)6.,

25                              (2)(c)7., (2)(c)8., (2)(c)9.,

26                              (3), or (4) drugs) within 1,000

27                              feet of a child care facility or

28                              school.

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  1  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

  2                              cocaine (or other s.

  3                              893.03(1)(a), (1)(b), (1)(d),

  4                              (2)(a), (2)(b), or (2)(c)4.

  5                              drugs) within 200 feet of

  6                              university or public park.

  7  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

  8                              cannabis or other drug prohibited

  9                              under s. 893.03(1)(c), (2)(c)1.,

10                              (2)(c)2., (2)(c)3., (2)(c)5.,

11                              (2)(c)6., (2)(c)7., (2)(c)8.,

12                              (2)(c)9., (3), or (4) within

13                              1,000 feet of property used for

14                              religious services or a specified

15                              business site.

16  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

17                              cocaine (or other s.

18                              893.03(1)(a), (1)(b), (1)(d), or

19                              (2)(a), (2)(b), or (2)(c)4.

20                              drugs) within 200 feet of public

21                              housing facility.

22  893.13(4)(b)       2nd      Deliver to minor cannabis (or

23                              other s. 893.03(1)(c), (2)(c)1.,

24                              (2)(c)2., (2)(c)3., (2)(c)5.,

25                              (2)(c)6., (2)(c)7., (2)(c)8.,

26                              (2)(c)9., (3), or (4) drugs).

27         Section 3.  This act shall take effect July 1, 2003.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises the elements of the offense involving the
      criminal use of personal identification information to
  4    provide that committing such offense is a second-degree
      felony if the amount of the benefit, value of services,
  5    or amount of injury or fraud perpetrated is more than
      $5,000 rather than more than $75,000.
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