HB 1525

A bill to be entitled

An act relating to fraudulent practices; amending s.

322.051, F.S.; increasing the criminal penalty for persons

21 years of age or older for prohibited acts relating to

identification cards; amending s. 322.212, F.S.;

increasing the criminal penalty for certain prohibited

acts relating to drivers' licenses and identification

cards; amending s. 775.0844, F.S.; expanding the

definition of aggravated white collar crime relating to

fraudulent behavior; providing criminal penalties;

providing a minimum mandatory term of imprisonment;

amending s. 817.568, F.S.; increasing the criminal penalty

for certain acts relating to the fraudulent use of

personal identification information; amending s. 921.0022,

F.S.; redesignating the offenses provided in ss. 322.212

and 817.568, F.S., in the offense severity ranking chart

of the Criminal Punishment Code, to conform; providing an

effective date.

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

Section 1. Subsection (6) of section 322.051, Florida

Statutes, is amended to read:

322.051 Identification cards.--

(6) It is unlawful for any person:

(a) To display, cause or permit to be displayed, or have

in his or her possession any fictitious, fraudulently altered,

or fraudulently obtained identification card.

(b) To lend his or her identification card to any other

person or knowingly permit the use thereof by another.

issued to him or her as being his or her card.

(d) To permit any unlawful use of an identification card

issued to him or her.

(e) To do any act forbidden, or fail to perform any act

required, by this section.

(f) To photograph, photostat, duplicate, or in any way

reproduce any identification card or facsimile thereof in such a

manner that it could be mistaken for a valid identification

card, or to display or have in his or her possession any such

photograph, photostat, duplicate, reproduction, or facsimile

unless authorized by the provisions of this section.

A person 21 years of age or older who violates this subsection

commits a misdemeanor of the first degree, punishable as

provided in s. 775.082 or s. 775.083.

Section 2. Subsection (6) of section 322.212, Florida

Statutes, is amended to read:

322.212 Unauthorized possession of, and other unlawful

acts in relation to, driver's license or identification card.--

(1) It is unlawful for any person to:

(a) Knowingly have in his or her possession or to display

any blank, forged, stolen, fictitious, counterfeit, or

unlawfully issued driver's license or identification card or any

instrument in the similitude of a driver's license or

identification card unless possession by such person has been

duly authorized by the department;

(b) Knowingly have in his or her possession any instrument

in the similitude of a driver's license issued by the department

or its duly authorized agents or those of any state or

jurisdiction issuing licenses recognized in this state for the

operation of a motor vehicle;

in the similitude of an identification card issued by the

department or its duly authorized agents or those of any state

or jurisdiction issuing identification cards recognized in this

state for the purpose of indicating a person's true name and

age; or

(d) Knowingly sell, manufacture, or deliver, or knowingly

offer to sell, manufacture, or deliver, a blank, forged, stolen,

fictitious, counterfeit, or unlawfully issued driver's license

or identification card, or an instrument in the similitude of a

driver's license or identification card, unless that person is

authorized to do so by the department. A violation of this

section may be investigated by any law enforcement agency,

including the Division of Alcoholic Beverages and Tobacco.

The term "driver's license" includes a driver's license issued

by the department or its agents or a driver's license issued by

any state or jurisdiction that issues licenses recognized in

this state for the operation of a motor vehicle. The term

"identification card" includes any identification card issued by

the department or its agents or any identification card issued

by any state or jurisdiction that issues identification cards

recognized in this state for the purpose of indicating a

person's true name and age. This subsection does not prohibit a

person from possessing or displaying another person's driver's

license or identification card for a lawful purpose.

(2) It is unlawful for any person to barter, trade, sell,

or give away any driver's license or identification card or to

perpetrate a conspiracy to barter, trade, sell, or give away any

such license or identification card unless such person has been

duly authorized to issue the license or identification card by

the department as provided in this chapter or in the adopted

rules of the department.

(3) It is unlawful for any employee of the department to

allow or permit the issuance of a driver's license or

identification card when he or she knows that the applicant has

not lawfully fulfilled the requirements of this chapter for the

100

issuance of such license or identification card.

101

(4) It is unlawful for any person to agree to supply or to

102

aid in supplying any person with a driver's license or

103

identification card by any means whatsoever not in accordance

104

with the provisions of this chapter.

105

(5)(a) It is unlawful for any person to use a false or

106

fictitious name in any application for a driver's license or

107

identification card or knowingly to make a false statement,

108

knowingly conceal a material fact, or otherwise commit a fraud

109

in any such application.

110

(b) It is unlawful for any person to have in his or her

111

possession a driver's license or identification card upon which

112

the date of birth has been altered.

113

(6) Except as otherwise provided in this subsection, any

114

person who violates ~~any of the provisions of~~ this section

115

commits ~~is guilty of~~ a felony of the second ~~third~~ degree,

116

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

117

A ~~Any~~ person who violates paragraph (5)(a) by giving a false age

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in any application for a driver's license or identification card

119

or who violates paragraph (5)(b) by possessing a driver's

120

license, identification card, or any instrument in the

121

similitude thereof, on which the date of birth has been altered

122

commits ~~is guilty of~~ a misdemeanor of the second degree,

123

punishable as provided in s. 775.082 or s. 775.083. A ~~Any~~ person

124

who violates paragraph (1)(d) commits a felony of the second

125

~~third~~ degree, punishable as provided in s. 775.082, s. 775.083,

126

or s. 775.084.

127

(7) The provisions of this section are in addition and

128

supplemental to all other provisions of this chapter and of the

129

laws of this state relating to driver's licenses and

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identification cards.

131

Section 3. Section 775.0844, Florida Statutes, is amended

132

to read:

133

775.0844 White Collar Crime Victim Protection Act.--

134

(1) This section may be cited as the "White Collar Crime

135

Victim Protection Act."

136

(2) Due to the frequency with which victims, particularly

137

elderly victims, are deceived and cheated by criminals who

138

commit nonviolent frauds and swindles, frequently through the

139

use of the Internet and other electronic technology and

140

frequently causing the loss of substantial amounts of property,

141

it is the intent of the Legislature to enhance the sanctions

142

imposed for nonviolent frauds and swindles, protect the public's

143

property, and assist in prosecuting white collar criminals.

144

(3) As used in this section, "white collar crime" means:

145

(a) The commission of, or a conspiracy to commit, any

146

felony offense specified in:

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1. Chapter 560, relating to the Money Transmitters' Code.

148

2. Chapter 812, relating to theft, robbery, and related

149

crimes.

150

3. Chapter 815, relating to computer-related crimes.

151

4. Chapter 817, relating to fraudulent practices.

152

5. Chapter 825, relating to abuse, neglect, and

153

exploitation of elderly persons and disabled adults.

154

6. Chapter 831, relating to forgery and counterfeiting.

155

7. Chapter 832, relating to the issuance of worthless

156

checks and drafts.

157

8. Chapter 838, relating to bribery and misuse of public

158

office.

159

9. Chapter 839, relating to offenses by public officers

160

and employees.

161

10. Chapter 895, relating to offenses concerning

162

racketeering and illegal debts.

163

11. Chapter 896, relating to offenses related to financial

164

transactions.

165

(b) A felony offense that is committed with intent to

166

defraud or that involves a conspiracy to defraud.

167

168

temporarily or permanently deprive a person of his or her

169

property or that involves a conspiracy to temporarily or

170

permanently deprive a person of his or her property.

171

(d) A felony offense that involves or results in the

172

commission of fraud or deceit upon a person or that involves a

173

conspiracy to commit fraud or deceit upon a person.

174

(4) As used in this section, "aggravated white collar

175

crime" means:

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(a) Engaging in at least two white collar crimes that have

177

the same or similar intents, results, accomplices, victims, or

178

methods of commission, or that are otherwise interrelated by

179

distinguishing characteristics and are not isolated incidents,

180

provided that at least one of the ~~such~~ crimes occurred after the

181

effective date of this act.

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(b) Engaging in at least one white collar crime that is a

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felony offense that involves fraud concerning Medicaid,

184

insurance, or securities.

185

(5) Except as provided in subsection (6), any person who

186

commits an aggravated white collar crime as defined in this

187

section and in so doing either:

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(a) Victimizes 10 or more elderly persons, as defined in

189

s. 825.101(5);

190

(b) Victimizes 20 or more persons, as defined in s. 1.01;

191

192

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of the state's political subdivisions, or any agency of the

194

state's political subdivisions,

195

196

and thereby obtains or attempts to obtain $50,000 or more,

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commits a felony of the first degree, punishable as provided in

198

s. 775.082, s. 775.083, or s. 775.084.

199

(6) A person who commits an aggravated white collar crime

200

as defined in paragraph (4)(b), and in doing so victimizes 20 or

201

more persons, commits a felony of the first degree, punishable

202

as provided in s. 775.082, s. 775.083, or s. 775.084. Any person

203

convicted of an aggravated white collar crime under this

204

subsection shall be sentenced to a minimum mandatory period of

205

incarceration of 10 years.

206

(7)~~(6)~~ Notwithstanding any other provision of chapter 921

207

or any other law, an aggravated white collar crime shall be

208

ranked within the offense severity ranking chart at offense

209

severity level 9.

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(8)~~(7)~~ In addition to a sentence otherwise authorized by

211

law, a person convicted of an aggravated white collar crime may

212

pay a fine of $500,000 or double the value of the pecuniary gain

213

or loss, whichever is greater.

214

(9)~~(8)~~ A person convicted of an aggravated white collar

215

crime under this section is liable for all court costs and shall

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pay restitution to each victim of the crime, regardless of

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whether the victim is named in the information or indictment. As

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used in this subsection, "victim" means a person directly and

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proximately harmed as a result of the commission of the offense

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for which restitution may be ordered, including any person

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directly harmed by the defendant's criminal conduct in the

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course of the commission of the aggravated white collar crime.

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The court shall hold a hearing to determine the identity of

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qualifying victims and shall order the defendant to pay

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restitution based on his or her ability to pay, in accordance

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with this section and s. 775.089.

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(a) The court shall make the payment of restitution a

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condition of any probation granted to the defendant by the

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court. Notwithstanding any other law, the court may order

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continued probation for a defendant convicted under this section

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for up to 10 years or until full restitution is made to the

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victim, whichever occurs earlier.

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(b) The court retains jurisdiction to enforce its order to

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pay fines or restitution. The court may initiate proceedings

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against a defendant for a violation of probation or for contempt

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of court if the defendant willfully fails to comply with a

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lawful order of the court.

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Section 4. Paragraph (a) of subsection (2) of section

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817.568, Florida Statutes, is amended to read:

240

817.568 Criminal use of personal identification

241

information.--

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

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fraudulently uses, or possesses with intent to fraudulently use,

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personal identification information concerning an individual

245

without first obtaining that individual's consent, commits the

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offense of fraudulent use of personal identification

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information, which is a felony of the second ~~third~~ degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

249

Section 5. Paragraphs (a) and (d) of subsection (3) of

250

section 921.0022, Florida Statutes, are amended to read:

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921.0022 Criminal Punishment Code; offense severity

252

ranking chart.--

253

(3) OFFENSE SEVERITY RANKING CHART

FloridaStatute

FelonyDegree

Description

254

(a) LEVEL 1

255

24.118(3)(a)

3rd

Counterfeit or altered state lottery ticket.

256

212.054(2)(b)

3rd

Discretionary sales surtax; limitations, administration, and collection.

257

212.15(2)(b)

3rd

Failure to remit sales taxes, amount greater than $300 but less than $20,000.

258

319.30(5)

3rd

Sell, exchange, give away certificate of title or identification number plate.

259

319.35(1)(a)

3rd

Tamper, adjust, change, etc., an odometer.

260

320.26(1)(a)

3rd

Counterfeit, manufacture, or sell registration license plates or validation stickers.

261

~~322.212(1)(a)-(c)~~

~~3rd~~

~~Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.~~

262

~~322.212(4)~~

~~3rd~~

~~Supply or aid in supplying unauthorized driver's license or identification card.~~

263

~~322.212(5)(a)~~

~~3rd~~

~~False application for driver's license or identification card.~~

264

370.13(2)(c)1.

3rd

Molest any stone crab trap, line, or buoy which is property of licenseholder.

265

370.135(1)

3rd

Molest any blue crab trap, line, or buoy which is property of licenseholder.

266

372.663(1)

3rd

Poach any alligator or crocodilia.

267

414.39(2)

3rd

Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200.

268

414.39(3)(a)

3rd

Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.

269

443.071(1)

3rd

False statement or representation to obtain or increase unemployment compensation benefits.

270

509.151(1)

3rd

Defraud an innkeeper, food or lodging value greater than $300.

271

517.302(1)

3rd

Violation of the Florida Securities and Investor Protection Act.

272

562.27(1)

3rd

Possess still or still apparatus.

273

713.69

3rd

Tenant removes property upon which lien has accrued, value more than $50.

274

812.014(3)(c)

3rd

Petit theft (3rd conviction); theft of any property not specified in subsection (2).

275

812.081(2)

3rd

Unlawfully makes or causes to be made a reproduction of a trade secret.

276

815.04(4)(a)

3rd

Offense against intellectual property (i.e., computer programs, data).

277

817.52(2)

3rd

Hiring with intent to defraud, motor vehicle services.

278

817.569(2)

3rd

Use of public record or public records information to facilitate commission of a felony.

279

826.01

3rd

Bigamy.

280

828.122(3)

3rd

Fighting or baiting animals.

281

831.04(1)

3rd

Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.

282

831.31(1)(a)

3rd

Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.

283

832.041(1)

3rd

Stopping payment with intent to defraud $150 or more.

284

832.05(2)(b)&(4)(c)

3rd

Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.

285

838.15(2)

3rd

Commercial bribe receiving.

286

838.16

3rd

Commercial bribery.

287

843.18

3rd

Fleeing by boat to elude a law enforcement officer.

288

847.011(1)(a)

3rd

Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).

289

849.01

3rd

Keeping gambling house.

290

849.09(1)(a)-(d)

3rd

Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.

291

849.23

3rd

Gambling-related machines; "common offender" as to property rights.

292

849.25(2)

3rd

Engaging in bookmaking.

293

860.08

3rd

Interfere with a railroad signal.

294

860.13(1)(a)

3rd

Operate aircraft while under the influence.

295

893.13(2)(a)2.

3rd

Purchase of cannabis.

296

893.13(6)(a)

3rd

Possession of cannabis (more than 20 grams).

297

934.03(1)(a)

3rd

Intercepts, or procures any other person to intercept, any wire or oral communication.

298

(d) LEVEL 4

299

316.1935(3)

2nd

Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a marked patrol vehicle with siren and lights activated.

300

322.212(1)(a)-(c)

2nd

Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.

301

322.212(4)

2nd

Supply or aid in supplying unauthorized driver's license or identification card.

302

322.212(5)(a)

2nd

False application for driver's license or identification card.

303

499.0051(1)

3rd

Failure to maintain or deliver pedigree papers.

304

499.0051(2)

3rd

Failure to authenticate pedigree papers.

305

499.0051(6)

2nd

Sale or delivery, or possession with intent to sell, contraband legend drugs.

306

784.07(2)(b)

3rd

Battery of law enforcement officer, firefighter, intake officer, etc.

307

784.074(1)(c)

3rd

Battery of sexually violent predators facility staff.

308

784.075

3rd

Battery on detention or commitment facility staff.

309

784.078

3rd

Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.

310

784.08(2)(c)

3rd

Battery on a person 65 years of age or older.

311

784.081(3)

3rd

Battery on specified official or employee.

312

784.082(3)

3rd

Battery by detained person on visitor or other detainee.

313

784.083(3)

3rd

Battery on code inspector.

314

784.085

3rd

Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.

315

787.03(1)

3rd

Interference with custody; wrongly takes child from appointed guardian.

316

787.04(2)

3rd

Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.

317

787.04(3)

3rd

Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.

318

790.115(1)

3rd

Exhibiting firearm or weapon within 1,000 feet of a school.

319

790.115(2)(b)

3rd

Possessing electric weapon or device, destructive device, or other weapon on school property.

320

790.115(2)(c)

3rd

Possessing firearm on school property.

321

800.04(7)(d)

3rd

Lewd or lascivious exhibition; offender less than 18 years.

322

810.02(4)(a)

3rd

Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.

323

810.02(4)(b)

3rd

Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.

324

810.06

3rd

Burglary; possession of tools.

325

810.08(2)(c)

3rd

Trespass on property, armed with firearm or dangerous weapon.

326

812.014(2)(c)3.

3rd

Grand theft, 3rd degree $10,000 or more but less than $20,000.

327

812.014(2)(c)4.-10.

3rd

Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.

328

812.0195(2)

3rd

Dealing in stolen property by use of the Internet; property stolen $300 or more.

329

817.563(1)

3rd

Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.

330

817.568(2)(a)

2nd~~3rd~~

Fraudulent use of personal identification information.

331

817.625(2)(a)

3rd

Fraudulent use of scanning device or reencoder.

332

828.125(1)

2nd

Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.

333

837.02(1)

3rd

Perjury in official proceedings.

334

837.021(1)

3rd

Make contradictory statements in official proceedings.

335

838.022

3rd

Official misconduct.

336

839.13(2)(a)

3rd

Falsifying records of an individual in the care and custody of a state agency.

337

839.13(2)(c)

3rd

Falsifying records of the Department of Children and Family Services.

338

843.021

3rd

Possession of a concealed handcuff key by a person in custody.

339

843.025

3rd

Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.

340

843.15(1)(a)

3rd

Failure to appear while on bail for felony (bond estreature or bond jumping).

341

874.05(1)

3rd

Encouraging or recruiting another to join a criminal street gang.

342

893.13(2)(a)1.

2nd

Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).

343

914.14(2)

3rd

Witnesses accepting bribes.

344

914.22(1)

3rd

Force, threaten, etc., witness, victim, or informant.

345

914.23(2)

3rd

Retaliation against a witness, victim, or informant, no bodily injury.

346

918.12

3rd

Tampering with jurors.

347

934.215

3rd

Use of two-way communications device to facilitate commission of a crime.

348

349

Section 6. This act shall take effect July 1, 2004, and

350

shall apply to offenses committed on or after that date.

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