Senate Bill sb1072c2

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    Florida Senate - 2003                    CS for CS for SB 1072

    By the Committees on Appropriations; Criminal Justice; and
    Senator Crist




    309-2323-03

  1                      A bill to be entitled

  2         An act relating to identity theft and Internet

  3         fraud prevention, investigation, and

  4         prosecution; amending s. 817.568, F.S.;

  5         expanding the definition of personal

  6         identification information; revising the

  7         elements of the offense of criminal use of

  8         personal identification information in which

  9         such use results in an unlawful benefit,

10         injury, or fraud; providing for mandatory

11         minimum terms of imprisonment for certain acts

12         of criminal use of personal identification

13         information; amending s. 934.23, F.S.;

14         providing a definition; clarifying that Florida

15         judges with jurisdiction over specific crimes

16         have authority to issue search warrants for

17         electronic evidence relating thereto,

18         regardless of where the electronic evidence is

19         situated; creating s. 92.605, F.S.; providing

20         definitions; providing for self-authentication

21         for out-of-state business records under certain

22         circumstances with notice to opponent;

23         providing for procedures; amending s. 921.0022,

24         F.S., relating to the offense severity ranking

25         chart of the Criminal Punishment Code;

26         conforming provisions to changes made by the

27         act; providing an effective date.

28  

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

30  

31  

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 1         Section 1.  Section 817.568, Florida Statutes, is

 2  amended to read:

 3         817.568  Criminal use of personal identification

 4  information.--

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

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

 7  account number, electronic serial number, mobile

 8  identification number, personal identification number, or

 9  other telecommunications service, equipment, or instrument

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

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

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

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

14  transfer originated solely by paper instrument.

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

16  competence to act.

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

18  specific person that is intended to cause substantial

19  emotional distress to such person and serves no legitimate

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

21  information for accepted commercial purposes. The term does

22  not include constitutionally protected conduct such as

23  organized protests or the use of personal identification

24  information for accepted commercial purposes.

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

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

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

28  entity.

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

30  1.01(3).

31  

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 1         (f)  "Personal identification information" means any

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

 3  any other information, to identify a specific individual,

 4  including any:

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

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

 7  or identification number, alien registration number,

 8  government passport number, employer or taxpayer

 9  identification number, or Medicaid or food stamp account

10  number, or bank account or credit card number;

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

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

13  representation;

14         3.  Unique electronic identification number, address,

15  or routing code; or

16         4.  Telecommunication identifying information or access

17  device.

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

19  authorization fraudulently uses, or possesses with intent to

20  fraudulently use, personal identification information

21  concerning an individual without first obtaining that

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

23  personal identification information, which is a felony of the

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

25  775.083, or s. 775.084.

26         (b)  Any person who willfully and without authorization

27  fraudulently uses personal identification information

28  concerning an individual without first obtaining that

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

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

31  775.084, if the pecuniary benefit, the value of the services

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

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

 3  if the person fraudulently uses the personal identification

 4  information of 10 or more individuals without their consent.

 5  Notwithstanding any other provision of law, the court shall

 6  sentence any person convicted of committing the offense

 7  described in this paragraph to a mandatory minimum sentence of

 8  3 years' imprisonment.

 9         (c)  Any person who willfully and without authorization

10  fraudulently uses personal identification information

11  concerning an individual without first obtaining that

12  individual's consent commits a felony of the first degree,

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

14  775.084, if the  pecuniary benefit, the value of the services

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

16  the injury or fraud perpetrated is $50,000 or more or if the

17  person fraudulently uses the personal identification

18  information of 20 or more individuals without their consent.

19  Notwithstanding any other provision of law, the court shall

20  sentence any person convicted of committing the offense

21  described in this paragraph:

22         1.  To a mandatory minimum sentence of 5 years'

23  imprisonment.

24         2.  To a mandatory minimum sentence of 10 years'

25  imprisonment, if the pecuniary benefit, the value of the

26  services received, the payment sought to be avoided, or the

27  amount of the injury or fraud perpetrated is $100,000 or more

28  or if the person fraudulently uses the personal identification

29  information of 30 or more individuals without their consent.

30         (3)  Neither paragraph (2)(b) nor paragraph (2)(c)

31  prevents a court from imposing a greater sentence of

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 1  incarceration as authorized by law. If the minimum mandatory

 2  terms of imprisonment imposed under paragraph (2)(b) or

 3  paragraph (2)(c) exceed the maximum sentences authorized under

 4  s. 775.082, s. 775.084, or the Criminal Punishment Code under

 5  chapter 921, the mandatory minimum sentence must be imposed.

 6  If the mandatory minimum terms of imprisonment under paragraph

 7  (2)(b) or paragraph (2)(c) are less than the sentence that

 8  could be imposed under s. 775.082, s. 775.084, or the Criminal

 9  Punishment Code under chapter 921, the sentence imposed by the

10  court must include the mandatory minimum term of imprisonment

11  as required by paragraph (2)(b) or paragraph (2)(c).

12         (4)(3)  Any person who willfully and without

13  authorization possesses, uses, or attempts to use personal

14  identification information concerning an individual without

15  first obtaining that individual's consent, and who does so for

16  the purpose of harassing that individual, commits the offense

17  of harassment by use of personal identification information,

18  which is a misdemeanor of the first degree, punishable as

19  provided in s. 775.082 or s. 775.083.

20         (5)(4)  If an offense prohibited under this section was

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

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

23  higher degree as follows:

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

25  as a felony of the third degree.

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

27  felony of the second degree.

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

29  felony of the first degree.

30  

31  

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 1  For purposes of sentencing under chapter 921 and incentive

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

 3  is reclassified under this subsection is ranked one level

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

 5  committed, and a misdemeanor offense that is reclassified

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

 7  severity ranking chart in s. 921.0022.

 8         (6)  Any person who willfully and without authorization

 9  fraudulently uses personal identification information

10  concerning an individual who is less than 18 years of age

11  without first obtaining the consent of that individual or of

12  his or her legal guardian commits a felony of the second

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

14  s. 775.084.

15         (7)  Any person who is in the relationship of parent or

16  legal guardian, or who otherwise exercises custodial authority

17  over an individual who is less than 18 years of age, who

18  willfully and fraudulently uses personal identification

19  information of that individual commits a felony of the second

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

21  s. 775.084.

22         (8)(5)  This section does not prohibit any lawfully

23  authorized investigative, protective, or intelligence activity

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

25  political subdivisions, of any other state or its political

26  subdivisions, or of the Federal Government or its political

27  subdivisions.

28         (9)(6)(a)  In sentencing a defendant convicted of an

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

30  defendant make restitution pursuant to s. 775.089 to any

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

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

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

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

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

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

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

 7  of the defendant.

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

 9  necessary to correct any public record that contains false

10  information given in violation of this section.

11         (10)(7)  Prosecutions for violations of this section

12  may be brought on behalf of the state by any state attorney or

13  by the statewide prosecutor.

14         (11)(8)  The Legislature finds that, in the absence of

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

16  fails to give consent to the use of personal identification

17  information is the county where the victim generally resides.

18         (12)(9)  Notwithstanding any other provision of law,

19  venue for the prosecution and trial of violations of this

20  section may be commenced and maintained in any county in which

21  an element of the offense occurred, including the county where

22  the victim generally resides.

23         (13)(10)  A prosecution of an offense prohibited under

24  subsection (2), subsection (6), or subsection (7) must be

25  commenced within 3 years after the offense occurred. However,

26  a prosecution may be commenced within 1 year after discovery

27  of the offense by an aggrieved party, or by a person who has a

28  legal duty to represent the aggrieved party and who is not a

29  party to the offense, if such prosecution is commenced within

30  5 years after the violation occurred.

31  

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 1         Section 2.  Subsection (1) of section 934.23, Florida

 2  Statutes, is amended to read:

 3         934.23  Required disclosure of customer communications

 4  or records.--

 5         (1)  An investigative or law enforcement officer may

 6  require the disclosure by a provider of electronic

 7  communication service of the contents of a wire or electronic

 8  communication that has been in electronic storage in an

 9  electronic communications system for 180 days or less only

10  pursuant to a warrant issued by the judge of a court of

11  competent jurisdiction. As used in this section, the term "a

12  court of competent jurisdiction" means a court that has

13  jurisdiction over the investigation or that is otherwise

14  authorized by law. An investigative or law enforcement officer

15  may require the disclosure by a provider of electronic

16  communication services of the contents of a wire or electronic

17  communication that has been in electronic storage in an

18  electronic communications system for more than 180 days by the

19  means available under subsection (2).

20         Section 3.  Section 92.605, Florida Statutes, is

21  created to read:

22         92.605  Production of certain records by Florida

23  businesses and out-of-state corporations.

24         (1)  For the purposes of this section, the term:

25         (a)  "Adverse result" includes one of the following

26  consequences to notification of the existence of a court

27  order, a subpoena, or a search warrant:

28         1.  Danger to the life or physical safety of an

29  individual.

30         2.  A flight from prosecution.

31         3.  The destruction of or tampering with evidence.

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 1         4.  The intimidation of potential witnesses.

 2         5.  Serious jeopardy to an investigation or undue delay

 3  of a trial.

 4         (b)  "Applicant" means a law enforcement officer who is

 5  seeking a court order or subpoena under s. 16.56, s. 27.04, s.

 6  905.185, or s. 914.04 or who is issued a search warrant under

 7  s. 933.01, or anyone who is authorized to issue a subpoena

 8  under the Florida Rules of Criminal Procedure.

 9         (c)  "Business" means any business, institution,

10  association, profession, occupation, or calling of any kind,

11  whether or not conducted for profit.

12         (d)  "Electronic communication services" and "remote

13  computing services" have the same meaning as provided in the

14  Electronic Communications Privacy Act in chapter 121

15  (commencing with s. 2701) of Part I of Title 18 of the United

16  States Code Annotated. This section does not apply to

17  corporations that do not provide those services to the public.

18         (e)  "Out-of-state corporation" means any corporation

19  that is qualified to do business in this state under s.

20  607.1501.

21         (f)  "Out-of-state record of regularly conducted

22  business activity" means a memorandum, report, record, or data

23  compilation, in any form, of acts, events, conditions,

24  opinions, or diagnoses, maintained in another state or

25  country.

26         (g)  "Out-of-state certification" means a written

27  declaration made and signed in another state or country by the

28  custodian of an out-of-state record of regularly conducted

29  business activity or another qualified person that, if falsely

30  made, would subject the declarant to criminal penalty under

31  the laws of another state or country.

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 1         (h)  "Properly served" means delivery by hand or in a

 2  manner reasonably allowing for proof of delivery if delivered

 3  by United States mail, overnight delivery service, or

 4  facsimile to a person or entity properly registered to do

 5  business in any state.

 6         (2)  The following provisions apply to any subpoena,

 7  court order, or search warrant issued in compliance with the

 8  Electronic Communications Privacy Act in chapter 121

 9  (commencing with s. 2701) of Part I of Title 18 of the United

10  States Code and that is subject to this chapter, which allows

11  a search for records that are in the actual or constructive

12  possession of an out-of-state corporation that provides

13  electronic communication services or remote computing services

14  to the public, when those records would reveal the identity of

15  the customers using those services; data stored by, or on

16  behalf of, the customers; the customers' usage of those

17  services; or the recipients or destinations of communications

18  sent to or from those customers.

19         (a)  Any subpoena, court order, or warrant issued under

20  this subsection must contain the following language in bold

21  type on the first page of the document: "This (subpoena,

22  order, warrant) is issued pursuant to Florida Statute s.

23  92.605. A response is due within 20 business days of receipt

24  of this (subpoena, order, warrant) unless a longer time period

25  is stated herein."

26         (b)  When properly served with a subpoena, court order,

27  or search warrant issued by a Florida court or other

28  applicant, an out-of-state corporation subject to this section

29  shall provide to the applicant all records sought pursuant to

30  such subpoena, court order, or warrant within 20 business days

31  after receipt, or the date indicated within the subpoena, if

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 1  later, including those records maintained or located outside

 2  the State of Florida. If the records cannot be produced within

 3  the 20-day time period, the out-of-state corporation shall

 4  notify the applicant within the 20-day time period and agree

 5  to produce the documents at the earliest possible time. The

 6  applicant shall pay the out-of-state corporation the

 7  reasonable expenses associated with compliance.

 8         (c)  When the applicant makes a showing and the court

 9  finds that failure to produce records within 20 business days

10  would cause an adverse result, the subpoena, court order, or

11  warrant may require production of records within less than 20

12  business days. A court may reasonably extend the time required

13  for production of the records upon finding that the

14  out-of-state corporation needs the extension and that an

15  extension of time would not cause an adverse result.

16         (d)  An out-of-state corporation seeking to quash or

17  object to the subpoena, court order, or warrant must seek

18  relief from the court issuing such subpoena, court order, or

19  warrant within the time required for production of records

20  under this section. The issuing court shall hear and decide

21  that motion within 5 court days after the motion is filed.

22         (e)  Upon written request from the applicant or if

23  ordered by the court, the out-of-state corporation shall

24  verify the authenticity of records that it produces by

25  providing an affidavit that complies with the requirements set

26  forth in this section. Records produced in compliance with

27  this section are admissible in evidence as set forth in

28  subsection (5).

29         (3)  A Florida business that provides electronic

30  communication services or remote computing services to the

31  public, when served with a subpoena, court order, or warrant

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 1  issued by another state to produce records that would reveal

 2  the identity of the customers using those services; data

 3  stored by, or on behalf of, the customers; the customers'

 4  usage of those services; or the recipients or destinations of

 5  communications sent to or from those customers shall produce

 6  those records as if that subpoena, court order, or warrant had

 7  been issued by a Florida court.

 8         (4)  A cause of action does not arise against any

 9  out-of-state corporation or Florida business subject to this

10  section, or its officers, employees, agents, or other

11  specified persons, for providing records, information,

12  facilities, or assistance in accordance with the terms of a

13  subpoena, court order, or warrant subject to this section.

14         (5)  In a criminal proceeding in a court of this state,

15  an out-of-state record of regularly conducted business

16  activity, or a copy of such record, shall not be excluded as

17  hearsay evidence by s. 90.802, if an out-of-state

18  certification attests that:

19         (a)  Such record was made at or near the time of the

20  occurrence of the matters set forth by, or from information

21  transmitted by, a person with knowledge of those matters.

22         (b)  Such record was kept in the course of a regularly

23  conducted business activity.

24         (c)  The business activity made such a record as a

25  regular practice.

26         (d)  If such record is not the original, it is a

27  duplicate of the original, unless the source of information or

28  the method or circumstances of preparation indicate lack of

29  trustworthiness.

30         (6)  An out-of-state certification under this section

31  shall authenticate such record or duplicate.

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 1         (7)  No evidence in such records in the form of opinion

 2  or diagnosis is admissible under subsection (5) unless such

 3  opinion or diagnosis would be admissible under ss.

 4  90.701-90.705 if the person whose opinion is recorded were to

 5  testify to the opinion directly.

 6         (8)  As soon after the arraignment as practicable, or

 7  60 days prior to trial, a party intending to offer in evidence

 8  under this section an out-of-state record of regularly

 9  conducted business activity shall provide written notice of

10  that intention to each other party. A motion opposing

11  admission in evidence of such record shall be made by the

12  opposing party and determined by the court before

13  trial.  Failure by a party to file such motion before trial

14  shall constitute a waiver of objection to such record or

15  duplicate, but the court for cause shown may grant relief from

16  the waiver.

17         (9)  In any criminal case, the content of any

18  electronic communication may be obtained under this section

19  only by court order or by the issuance of a search warrant,

20  unless otherwise provided under the Electronic Communications

21  Privacy Act or other provision of law.

22         Section 4.  Paragraphs (e), (h), and (i) of subsection

23  (3) of section 921.0022, Florida Statutes, are amended to

24  read:

25         921.0022  Criminal Punishment Code; offense severity

26  ranking chart.--

27         (3)  OFFENSE SEVERITY RANKING CHART

28  

29  

30                              (e)  LEVEL 5

31  

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

 2                              injuries, failure to stop;

 3                              leaving scene.

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

 5  322.34(6)          3rd      Careless operation of motor

 6                              vehicle with suspended license,

 7                              resulting in death or serious

 8                              bodily injury.

 9  327.30(5)          3rd      Vessel accidents involving

10                              personal injury; leaving scene.

11  381.0041

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

13                              knowing HIV positive.

14  790.01(2)          3rd      Carrying a concealed firearm.

15  790.162            2nd      Threat to throw or discharge

16                              destructive device.

17  790.163(1)         2nd      False report of deadly explosive

18                              or weapon of mass destruction.

19  790.221(1)         2nd      Possession of short-barreled

20                              shotgun or machine gun.

21  790.23             2nd      Felons in possession of firearms

22                              or electronic weapons or devices.

23  800.04(6)(c)       3rd      Lewd or lascivious conduct;

24                              offender less than 18 years.

25  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

26                              offender 18 years or older.

27  806.111(1)         3rd      Possess, manufacture, or dispense

28                              fire bomb with intent to damage

29                              any structure or property.

30  

31  

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 1  812.0145(2)(b)     2nd      Theft from person 65 years of age

 2                              or older; $10,000 or more but

 3                              less than $50,000.

 4  812.015(8)         3rd      Retail theft; property stolen is

 5                              valued at $300 or more and one or

 6                              more specified acts.

 7  812.019(1)         2nd      Stolen property; dealing in or

 8                              trafficking in.

 9  812.131(2)(b)      3rd      Robbery by sudden snatching.

10  812.16(2)          3rd      Owning, operating, or conducting

11                              a chop shop.

12  817.034(4)(a)2.    2nd      Communications fraud, value

13                              $20,000 to $50,000.

14  817.234(11)(b)     2nd      Insurance fraud; property value

15                              $20,000 or more but less than

16                              $100,000.

17  817.568(2)(b)      2nd      Fraudulent use of personal

18                              identification information; value

19                              of benefit, services received,

20                              payment avoided, or amount of

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

22                              or more or use of personal

23                              identification information of 10

24                              or more individuals.

25  817.625(2)(b)      2nd      Second or subsequent fraudulent

26                              use of scanning device or

27                              reencoder.

28  825.1025(4)        3rd      Lewd or lascivious exhibition in

29                              the presence of an elderly person

30                              or disabled adult.

31  

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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.

29  

30  

31  

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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                              (h)  LEVEL 8

28  316.193

29   (3)(c)3.a.        2nd      DUI manslaughter.

30  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

31  

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 1  560.123(8)(b)2.    2nd      Failure to report currency or

 2                              payment instruments totaling or

 3                              exceeding $20,000, but less than

 4                              $100,000 by money transmitter.

 5  560.125(5)(b)      2nd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments totaling or

 8                              exceeding $20,000, but less than

 9                              $100,000.

10  655.50(10)(b)2.    2nd      Failure to report financial

11                              transactions totaling or

12                              exceeding $20,000, but less than

13                              $100,000 by financial

14                              institutions.

15  777.03(2)(a)       1st      Accessory after the fact, capital

16                              felony.

17  782.04(4)          2nd      Killing of human without design

18                              when engaged in act or attempt of

19                              any felony other than arson,

20                              sexual battery, robbery,

21                              burglary, kidnapping, aircraft

22                              piracy, or unlawfully discharging

23                              bomb.

24  782.051(2)         1st      Attempted felony murder while

25                              perpetrating or attempting to

26                              perpetrate a felony not

27                              enumerated in s. 782.04(3).

28  782.071(1)(b)      1st      Committing vehicular homicide and

29                              failing to render aid or give

30                              information.

31  

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 1  782.072(2)         1st      Committing vessel homicide and

 2                              failing to render aid or give

 3                              information.

 4  790.161(3)         1st      Discharging a destructive device

 5                              which results in bodily harm or

 6                              property damage.

 7  794.011(5)         2nd      Sexual battery, victim 12 years

 8                              or over, offender does not use

 9                              physical force likely to cause

10                              serious injury.

11  800.04(4)          2nd      Lewd or lascivious battery.

12  806.01(1)          1st      Maliciously damage dwelling or

13                              structure by fire or explosive,

14                              believing person in structure.

15  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

16  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

17                              or dangerous weapon.

18  810.02(2)(c)       1st      Burglary of a dwelling or

19                              structure causing structural

20                              damage or $1,000 or more property

21                              damage.

22  812.13(2)(b)       1st      Robbery with a weapon.

23  812.135(2)         1st      Home-invasion robbery.

24  817.568(6)         2nd      Fraudulent use of personal

25                              identification information of an

26                              individual under the age of 18.

27  825.102(2)         2nd      Aggravated abuse of an elderly

28                              person or disabled adult.

29  825.1025(2)        2nd      Lewd or lascivious battery upon

30                              an elderly person or disabled

31                              adult.

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 1  825.103(2)(a)      1st      Exploiting an elderly person or

 2                              disabled adult and property is

 3                              valued at $100,000 or more.

 4  837.02(2)          2nd      Perjury in official proceedings

 5                              relating to prosecution of a

 6                              capital felony.

 7  837.021(2)         2nd      Making contradictory statements

 8                              in official proceedings relating

 9                              to prosecution of a capital

10                              felony.

11  860.121(2)(c)      1st      Shooting at or throwing any

12                              object in path of railroad

13                              vehicle resulting in great bodily

14                              harm.

15  860.16             1st      Aircraft piracy.

16  893.13(1)(b)       1st      Sell or deliver in excess of 10

17                              grams of any substance specified

18                              in s. 893.03(1)(a) or (b).

19  893.13(2)(b)       1st      Purchase in excess of 10 grams of

20                              any substance specified in s.

21                              893.03(1)(a) or (b).

22  893.13(6)(c)       1st      Possess in excess of 10 grams of

23                              any substance specified in s.

24                              893.03(1)(a) or (b).

25  893.135(1)(a)2.    1st      Trafficking in cannabis, more

26                              than 2,000 lbs., less than 10,000

27                              lbs.

28  893.135

29   (1)(b)1.b.        1st      Trafficking in cocaine, more than

30                              200 grams, less than 400 grams.

31  

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 1  893.135

 2   (1)(c)1.b.        1st      Trafficking in illegal drugs,

 3                              more than 14 grams, less than 28

 4                              grams.

 5  893.135

 6   (1)(d)1.b.        1st      Trafficking in phencyclidine,

 7                              more than 200 grams, less than

 8                              400 grams.

 9  893.135

10   (1)(e)1.b.        1st      Trafficking in methaqualone, more

11                              than 5 kilograms, less than 25

12                              kilograms.

13  893.135

14   (1)(f)1.b.        1st      Trafficking in amphetamine, more

15                              than 28 grams, less than 200

16                              grams.

17  893.135

18   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

19                              grams or more, less than 28

20                              grams.

21  893.135

22   (1)(h)1.b.        1st      Trafficking in

23                              gamma-hydroxybutyric acid (GHB),

24                              5 kilograms or more, less than 10

25                              kilograms.

26  893.135

27   (1)(j)1.b.        1st      Trafficking in 1,4-Butanediol, 5

28                              kilograms or more, less than 10

29                              kilograms.

30  

31  

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 1  893.135

 2   (1)(k)2.b.        1st      Trafficking in Phenethylamines,

 3                              200 grams or more, less than 400

 4                              grams.

 5  895.03(1)          1st      Use or invest proceeds derived

 6                              from pattern of racketeering

 7                              activity.

 8  895.03(2)          1st      Acquire or maintain through

 9                              racketeering activity any

10                              interest in or control of any

11                              enterprise or real property.

12  895.03(3)          1st      Conduct or participate in any

13                              enterprise through pattern of

14                              racketeering activity.

15  896.101(5)(b)      2nd      Money laundering, financial

16                              transactions totaling or

17                              exceeding $20,000, but less than

18                              $100,000.

19  896.104(4)(a)2.    2nd      Structuring transactions to evade

20                              reporting or registration

21                              requirements, financial

22                              transactions totaling or

23                              exceeding $20,000 but less than

24                              $100,000.

25                              (i)  LEVEL 9

26  316.193

27   (3)(c)3.b.        1st      DUI manslaughter; failing to

28                              render aid or give information.

29  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

30                              render aid or give information.

31  

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 1  560.123(8)(b)3.    1st      Failure to report currency or

 2                              payment instruments totaling or

 3                              exceeding $100,000 by money

 4                              transmitter.

 5  560.125(5)(c)      1st      Money transmitter business by

 6                              unauthorized person, currency, or

 7                              payment instruments totaling or

 8                              exceeding $100,000.

 9  655.50(10)(b)3.    1st      Failure to report financial

10                              transactions totaling or

11                              exceeding $100,000 by financial

12                              institution.

13  775.0844           1st      Aggravated white collar crime.

14  782.04(1)          1st      Attempt, conspire, or solicit to

15                              commit premeditated murder.

16  782.04(3)          1st,PBL   Accomplice to murder in

17                              connection with arson, sexual

18                              battery, robbery, burglary, and

19                              other specified felonies.

20  782.051(1)         1st      Attempted felony murder while

21                              perpetrating or attempting to

22                              perpetrate a felony enumerated in

23                              s. 782.04(3).

24  782.07(2)          1st      Aggravated manslaughter of an

25                              elderly person or disabled adult.

26  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

27                              reward or as a shield or hostage.

28  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

29                              or facilitate commission of any

30                              felony.

31  

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 1  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

 2                              interfere with performance of any

 3                              governmental or political

 4                              function.

 5  787.02(3)(a)       1st      False imprisonment; child under

 6                              age 13; perpetrator also commits

 7                              aggravated child abuse, sexual

 8                              battery, or lewd or lascivious

 9                              battery, molestation, conduct, or

10                              exhibition.

11  790.161            1st      Attempted capital destructive

12                              device offense.

13  790.166(2)         1st,PBL  Possessing, selling, using, or

14                              attempting to use a weapon of

15                              mass destruction.

16  794.011(2)         1st      Attempted sexual battery; victim

17                              less than 12 years of age.

18  794.011(2)         Life     Sexual battery; offender younger

19                              than 18 years and commits sexual

20                              battery on a person less than 12

21                              years.

22  794.011(4)         1st      Sexual battery; victim 12 years

23                              or older, certain circumstances.

24  794.011(8)(b)      1st      Sexual battery; engage in sexual

25                              conduct with minor 12 to 18 years

26                              by person in familial or

27                              custodial authority.

28  800.04(5)(b)       1st      Lewd or lascivious molestation;

29                              victim less than 12 years;

30                              offender 18 years or older.

31  

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 1  812.13(2)(a)       1st,PBL  Robbery with firearm or other

 2                              deadly weapon.

 3  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

 4                              deadly weapon.

 5  817.568(7)(a)      2nd,PBL  Fraudulent use of personal

 6                              identification information of an

 7                              individual under the age of 18 by

 8                              his or her parent, legal

 9                              guardian, or person exercising

10                              custodial authority.

11  827.03(2)          1st      Aggravated child abuse.

12  847.0145(1)        1st      Selling, or otherwise

13                              transferring custody or control,

14                              of a minor.

15  847.0145(2)        1st      Purchasing, or otherwise

16                              obtaining custody or control, of

17                              a minor.

18  859.01             1st      Poisoning or introducing

19                              bacteria, radioactive materials,

20                              viruses, or chemical compounds

21                              into food, drink, medicine, or

22                              water with intent to kill or

23                              injure another person.

24  893.135            1st      Attempted capital trafficking

25                              offense.

26  893.135(1)(a)3.    1st      Trafficking in cannabis, more

27                              than 10,000 lbs.

28  893.135

29   (1)(b)1.c.        1st      Trafficking in cocaine, more than

30                              400 grams, less than 150

31                              kilograms.

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 1  893.135

 2   (1)(c)1.c.        1st      Trafficking in illegal drugs,

 3                              more than 28 grams, less than 30

 4                              kilograms.

 5  893.135

 6   (1)(d)1.c.        1st      Trafficking in phencyclidine,

 7                              more than 400 grams.

 8  893.135

 9   (1)(e)1.c.        1st      Trafficking in methaqualone, more

10                              than 25 kilograms.

11  893.135

12   (1)(f)1.c.        1st      Trafficking in amphetamine, more

13                              than 200 grams.

14  893.135

15   (1)(h)1.c.        1st      Trafficking in

16                              gamma-hydroxybutyric acid (GHB),

17                              10 kilograms or more.

18  893.135

19   (1)(j)1.c.        1st      Trafficking in 1,4-Butanediol, 10

20                              kilograms or more.

21  893.135

22   (1)(k)2.c.        1st      Trafficking in Phenethylamines,

23                              400 grams or more.

24  896.101(5)(c)      1st      Money laundering, financial

25                              instruments totaling or exceeding

26                              $100,000.

27  896.104(4)(a)3.    1st      Structuring transactions to evade

28                              reporting or registration

29                              requirements, financial

30                              transactions totaling or

31                              exceeding $100,000.

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 1         Section 5.  This act shall take effect July 1, 2003.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                          CS for SB 1072

 5                                 

 6  The Committee Substitute increases penalties for identity
    theft if the offense was committed using a child's personal
 7  identification information.  It increases penalties even more
    when the offense was committed using the personal
 8  identification information of the offender's child.  It amends
    the security of communications statutes to provide Florida
 9  judges the ability to issue search warrants and subpoenas for
    electronic information stored and accessible by the internet
10  in crimes occurring within their jurisdiction.  The bill
    creates a new hearsay exception in the Florida evidence code
11  and allows for out-of-state business records to be received in
    evidence as "self-authenticating" in criminal cases.
12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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