HB 1095 2003
1	A bill to be entitled
2	An act relating to identity theft; amending s. 817.568,
3	F.S.; increasing the level of felony for certain offenses
4	involving identity theft; providing minimum mandatory
5	penalties; amending s. 921.0022, F.S.; deleting reference
6	to identity theft felonies subject to a minimum mandatory
7	penalty from the offense severity ranking chart; providing
8	an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Section 817.568, Florida Statutes, is amended
13	to read:
14	817.568 Criminal use of personal identification
15	information.--
16	(1) As used in this section, the term:
17	(a) "Access device" means any card, plate, code, account
18	number, electronic serial number, mobile identification number,
19	personal identification number, or other telecommunications
20	service, equipment, or instrument identifier, or other means of
21	account access that can be used, alone or in conjunction with
22	another access device, to obtain money, goods, services, or any
23	other thing of value, or that can be used to initiate a transfer
24	of funds, other than a transfer originated solely by paper
25	instrument.
26	(b) "Authorization" means empowerment, permission, or
27	competence to act.
28	(c) "Harass" means to engage in conduct directed at a
29	specific person that is intended to cause substantial emotional
30	distress to such person and serves no legitimate purpose.
31	"Harass" does not mean to use personal identification
32	information for accepted commercial purposes. The term does not
33	include constitutionally protected conduct such as organized
34	protests or the use of personal identification information for
35	accepted commercial purposes.
36	(d) "Individual" means a single human being and does not
37	mean a firm, association of individuals, corporation,
38	partnership, joint venture, sole proprietorship, or any other
39	entity.
40	(e) "Person" means a "person" as defined in s. 1.01(3).
41	(f) "Personal identification information" means any name
42	or number that may be used, alone or in conjunction with any
43	other information, to identify a specific individual, including
44	any:
45	1. Name, social security number, date of birth, official
46	state-issued or United States-issued driver's license or
47	identification number, alien registration number, government
48	passport number, employer or taxpayer identification number, or
49	Medicaid or food stamp account number, bank account or credit
50	card number;
51	2. Unique biometric data, such as fingerprint, voice
52	print, retina or iris image, or other unique physical
53	representation;
54	3. Unique electronic identification number, address, or
55	routing code; or
56	4. Telecommunication identifying information or access
57	device.
58	(2)(a) Any person who willfully and without authorization
59	fraudulently uses, or possesses with intent to fraudulently use,
60	personal identification information concerning an individual
61	without first obtaining that individual's consent, commits the
62	offense of fraudulent use of personal identification
63	information, which is a felony of the third degree, punishable
64	as provided in s. 775.082, s. 775.083, or s. 775.084.
65	(b) Any person who willfully and without authorization
66	fraudulently uses personal identification information concerning
67	an individual without first obtaining that individual's consent
68	commits a felony of the second degree, punishable as provided in
69	s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit,
70	the value of the services received, the payment sought to be
71	avoided, or the amount of the injury or fraud perpetrated is
72	$10,000$75,000 or more or if the number of victims involved is
73	10 or more.
74	(3) Any person who willfully and without authorization
75	fraudulently uses personal identification information concerning
76	an individual without first obtaining that individual's consent
77	commits a felony of the first degree, punishable as provided in
78	s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit,
79	the value of the services received, the payment sought to be
80	avoided, or the amount of the injury or fraud perpetrated is
81	$50,000 or more or if the number of victims involved is 15 or
82	more.
83	(a) A person convicted under this subsection shall be
84	sentenced to a term of imprisonment not to exceed 30 years and
85	shall not be eligible for release for 10 years if the pecuniary
86	benefit, the value of the services received, the payment sought
87	to be avoided, or the amount of the injury or fraud perpetrated
88	is $100,000 or more or the number of victims involved is 25 or
89	more.
90	(b) A person convicted under this subsection shall be
91	sentenced to a term of imprisonment not to exceed 30 years and
92	shall not be eligible for release for 5 years if the pecuniary
93	benefit, the value of the services received, the payment sought
94	to be avoided, or the amount of the injury or fraud perpetrated
95	is $50,000 or more or the number of victims involved is 10 or
96	more.
97	(c) A person convicted under this subsection shall be
98	sentenced to a term of imprisonment not to exceed 15 years and
99	shall not be eligible for release for 3 years if the pecuniary
100	benefit, the value of the services received, the payment sought
101	to be avoided, or the amount of the injury or fraud perpetrated
102	is $10,000 or more or the number of victims involved is 10 or
103	more.
104	(4)(3)Any person who willfully and without authorization
105	possesses, uses, or attempts to use personal identification
106	information concerning an individual without first obtaining
107	that individual's consent, and who does so for the purpose of
108	harassing that individual, commits the offense of harassment by
109	use of personal identification information, which is a
110	misdemeanor of the first degree, punishable as provided in s.
111	775.082 or s. 775.083.
112	(5)(4)If an offense prohibited under this section was
113	facilitated or furthered by the use of a public record, as
114	defined in s. 119.011, the offense is reclassified to the next
115	higher degree as follows:
116	(a) A misdemeanor of the first degree is reclassified as a
117	felony of the third degree.
118	(b) A felony of the third degree is reclassified as a
119	felony of the second degree.
120	(c) A felony of the second degree is reclassified as a
121	felony of the first degree.
122
123	For purposes of sentencing under chapter 921 and incentive gain-
124	time eligibility under chapter 944, a felony offense that is
125	reclassified under this subsection is ranked one level above the
126	ranking under s. 921.0022 of the felony offense committed, and a
127	misdemeanor offense that is reclassified under this subsection
128	is ranked in level 2 of the offense severity ranking chart in s.
129	921.0022.
130	(6)(5)This section does not prohibit any lawfully
131	authorized investigative, protective, or intelligence activity
132	of a law enforcement agency of this state or any of its
133	political subdivisions, of any other state or its political
134	subdivisions, or of the Federal Government or its political
135	subdivisions.
136	(7)(6)(a) In sentencing a defendant convicted of an
137	offense under this section, the court may order that the
138	defendant make restitution pursuant to s. 775.089 to any victim
139	of the offense. In addition to the victim's out-of-pocket costs,
140	such restitution may include payment of any other costs,
141	including attorney's fees incurred by the victim in clearing the
142	victim's credit history or credit rating, or any costs incurred
143	in connection with any civil or administrative proceeding to
144	satisfy any debt, lien, or other obligation of the victim
145	arising as the result of the actions of the defendant.
146	(b) The sentencing court may issue such orders as are
147	necessary to correct any public record that contains false
148	information given in violation of this section.
149	(8)(7)Prosecutions for violations of this section may be
150	brought on behalf of the state by any state attorney or by the
151	statewide prosecutor.
152	(9)(8)The Legislature finds that, in the absence of
153	evidence to the contrary, the location where a victim gives or
154	fails to give consent to the use of personal identification
155	information is the county where the victim generally resides.
156	(10)(9)Notwithstanding any other provision of law, venue
157	for the prosecution and trial of violations of this section may
158	be commenced and maintained in any county in which an element of
159	the offense occurred, including the county where the victim
160	generally resides.
161	(11)(10)A prosecution of an offense prohibited under
162	subsection (2) must be commenced within 3 years after the
163	offense occurred. However, a prosecution may be commenced within
164	1 year after discovery of the offense by an aggrieved party, or
165	by a person who has a legal duty to represent the aggrieved
166	party and who is not a party to the offense, if such prosecution
167	is commenced within 5 years after the violation occurred.
168	Section 2. Paragraph (e) of subsection (3) of section
169	921.0022, Florida Statutes, is amended to read:
170	921.0022 Criminal Punishment Code; offense severity
171	ranking chart.--
172	(3) OFFENSE SEVERITY RANKING CHART
173	FloridaStatute FelonyDegree Description
174	(e) LEVEL 5
175	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
176	316.1935(4) 2nd Aggravated fleeing or eluding.
177	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
178	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
179	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
180	790.01(2) 3rd Carrying a concealed firearm.
181	790.162 2nd Threat to throw or discharge destructive device.
182	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
183	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
184	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
185	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
186	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
187	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
188	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
189	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
190	812.019(1) 2nd Stolen property; dealing in or trafficking in.
191	812.131(2)(b) 3rd Robbery by sudden snatching.
192	812.16(2) 3rd Owning, operating, or conducting a chop shop.
193	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
194	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
195	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $75,000 or more.
196	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
197	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
198	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
199	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
200	843.01 3rd Resist officer with violence to person; resist arrest with violence.
201	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
202	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
203	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility or school.
204	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of university or public park.
205	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
206	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of public housing facility.
207	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
208	Section 3. This act shall take effect October 1, 2003.