Senate Bill sb2492

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    Florida Senate - 2004                                  SB 2492

    By Senator Alexander





    17-1574A-04

  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.; defining the term "counterfeit

  5         or fictitious personal identification

  6         information"; providing that it is a

  7         third-degree felony for a person to

  8         fraudulently possess the personal

  9         identification information of a deceased

10         person; providing that a person who

11         fraudulently uses the personal identification

12         information of a deceased person commits a

13         second-degree felony; providing criminal

14         penalties; requiring a mandatory minimum

15         sentence; providing that it is a third-degree

16         felony to fraudulently use, or possess to use,

17         counterfeit or fictitious personal

18         identification information of another;

19         providing criminal penalties; authorizing the

20         court to reduce or suspend the sentence of a

21         defendant providing substantial assistance to a

22         law enforcement agency; requiring that certain

23         persons convicted of personal identification

24         information misrepresentation have the offense

25         reclassified to the next higher degree;

26         amending s. 921.0022, F.S., relating to the

27         offense severity ranking chart of the Criminal

28         Punishment Code; conforming provisions to

29         changes made by the act; providing an effective

30         date.

31  

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    Florida Senate - 2004                                  SB 2492
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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Section 817.568, Florida Statutes, is

 4  amended to read:

 5         817.568  Criminal use of personal identification

 6  information.--

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

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

 9  account number, electronic serial number, mobile

10  identification number, personal identification number, or

11  other telecommunications service, equipment, or instrument

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

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

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

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

16  transfer originated solely by paper instrument.

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

18  competence to act.

19         (c)  "Counterfeit or fictitious personal identification

20  information" means any counterfeit, fictitious, or fabricated

21  information similar to the data listed in paragraph (g),

22  which, though not truthful or accurate, nevertheless, would in

23  the context lead a reasonably prudent person to credit its

24  truthfulness and accuracy.

25         (d)(c)  "Harass" means to engage in conduct directed at

26  a specific person that is intended to cause substantial

27  emotional distress to such person and serves no legitimate

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

29  information for accepted commercial purposes. The term does

30  not include constitutionally protected conduct such as

31  

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 1  organized protests or the use of personal identification

 2  information for accepted commercial purposes.

 3         (e)(d)  "Individual" means a single human being and

 4  does not mean a firm, association of individuals, corporation,

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

 6  entity.

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

 8  1.01(3).

 9         (g)(f)  "Personal identification information" means any

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

11  any other information, to identify a specific individual,

12  including any:

13         1.  Name, address, social security number, date of

14  birth, official state-issued or United States-issued driver's

15  license or identification number, alien registration number,

16  government passport number, employer or taxpayer

17  identification number, Medicaid or food stamp account number,

18  or bank account or credit card number;

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

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

21  representation;

22         3.  Unique electronic identification number, address,

23  or routing code; or

24         4.  Telecommunication identifying information or access

25  device.

26         (2)(a)  A Any person who willfully and without

27  authorization fraudulently uses, or possesses with intent to

28  fraudulently use, personal identification information

29  concerning an individual without first obtaining that

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

31  personal identification information, which is a felony of the

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

 2  775.083, or s. 775.084.

 3         (b)  A Any person who willfully and without

 4  authorization fraudulently uses personal identification

 5  information concerning an individual without first obtaining

 6  that individual's consent commits a felony of the second

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

 8  s. 775.084, if the pecuniary benefit, the value of the

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

10  amount of the injury or fraud perpetrated is $5,000 or more or

11  if the person fraudulently uses the personal identification

12  information of 10 or more individuals without their consent.

13  Notwithstanding any other provision of law, the court shall

14  sentence any person convicted of committing the offense

15  described in this paragraph to a mandatory minimum sentence of

16  3 years' imprisonment.

17         (c)  A Any person who willfully and without

18  authorization fraudulently uses personal identification

19  information concerning an individual without first obtaining

20  that individual's consent commits a felony of the first

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

22  s. 775.084, if the  pecuniary benefit, the value of the

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

24  amount of the injury or fraud perpetrated is $50,000 or more

25  or if the person fraudulently uses the personal identification

26  information of 20 or more individuals without their consent.

27  Notwithstanding any other provision of law, the court shall

28  sentence any person convicted of committing the offense

29  described in this paragraph:

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

31  imprisonment.

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

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

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

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

 5  or if the person fraudulently uses the personal identification

 6  information of 30 or more individuals without their consent.

 7         (d)1.  A person who, following the death of an

 8  individual, willfully possesses with intent to fraudulently

 9  use, personal identification of the deceased individual

10  commits the offense of fraudulent possession of personal

11  identification information of a deceased person, a felony of

12  the third degree, punishable as provided in s. 775.082, s.

13  775.083, or s. 775.084.

14         2.  A person who, following the death of an individual,

15  willfully and without authorization fraudulently uses personal

16  identification of the deceased individual commits the offense

17  of fraudulent use of the personal identification information

18  of a deceased person, a felony of the second degree,

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

20  775.084. If the pecuniary benefit, the value of the services

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

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

23  person fraudulently uses the personal identification

24  information of more than one deceased person, the offense is

25  fraudulent use of personal identification of a deceased person

26  in the first degree, a felony of the first degree, punishable

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

28         3.  Notwithstanding any other law, the court shall

29  sentence a person convicted of committing an offense described

30  in this paragraph:

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

 2  imprisonment; or

 3         b.  To a mandatory minimum sentence of 10 years'

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

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

 6  amount of the injury or fraud perpetrated is $50,000 or more.

 7         (e)  A person who willfully and fraudulently creates or

 8  uses, or possesses with the intent to use, counterfeit or

 9  fictitious personal identification information concerning a

10  fictitious individual, or a real individual without first

11  obtaining that real individual's consent, intending to use the

12  personal identification information for the purpose of

13  defrauding another person commits the offense of fraudulent

14  creation, use, or possession with intent to fraudulently use

15  counterfeit or fictitious personal identification information,

16  which is a felony of the third degree, punishable as provided

17  in s. 775.082, s. 775.083, or s. 775.084.

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

19  prevents a court from imposing a greater sentence of

20  incarceration as authorized by law. If the minimum mandatory

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

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

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

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

25  If the mandatory minimum terms of imprisonment under paragraph

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

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

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

29  court must include the mandatory minimum term of imprisonment

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

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 1         (4)  The prosecutor may request the sentencing court to

 2  reduce or suspend the sentence of any person who is convicted

 3  of a violation of this section and who provides substantial

 4  assistance to a law enforcement agency or the prosecuting

 5  agency in the identification, arrest, or conviction of any of

 6  that person's accomplices, accessories, coconspirators, or

 7  principals or of any other person engaged in fraudulent

 8  possession or use of personal identification information. The

 9  arresting agency shall be given an opportunity to be heard

10  with respect to the court's consideration of aggravating or

11  mitigating circumstances. Upon good cause shown, the matter

12  may be filed and heard in camera. The court may reduce or

13  suspend the sentence if the court finds that the defendant

14  rendered substantial assistance.

15         (5)(4)  A Any person who willfully and without

16  authorization possesses, uses, or attempts to use personal

17  identification information concerning an individual without

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

19  the purpose of harassing that individual, commits the offense

20  of harassment by use of personal identification information,

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

22  provided in s. 775.082 or s. 775.083.

23         (6)(5)  If an offense prohibited under this section was

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

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

26  higher degree as follows:

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

28  as a felony of the third degree.

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

30  felony of the second degree.

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

 2  felony of the first degree.

 3  

 4  For purposes of sentencing under chapter 921 and incentive

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

 6  is reclassified under this subsection is ranked one level

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

 8  committed, and a misdemeanor offense that is reclassified

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

10  severity ranking chart in s. 921.0022.

11         (7)(6)  A Any person who willfully and without

12  authorization fraudulently uses personal identification

13  information concerning an individual who is less than 18 years

14  of age without first obtaining the consent of that individual

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

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

17  s. 775.084.

18         (8)(a)  A person who commits any criminal act specified

19  in this section and, for the purpose of obtaining or using the

20  personal identification information, misrepresents himself or

21  herself to be a law enforcement officer or an employee or

22  representative of a bank, credit card company, credit

23  counseling company, or a credit reporting agency, or who

24  wrongfully represents that he or she is seeking to assist the

25  victim with a problem with the victim's credit history shall

26  at sentencing have his or her offense reclassified to the next

27  higher degree as provided in this subsection. The

28  reclassification shall be made in the following manner:

29         1.  In the case of a misdemeanor, the offense is

30  reclassified as a felony of the third degree.

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 1         2.  In the case of a felony of the third degree, the

 2  offense is reclassified as a felony of the second degree.

 3         3.  In the case of a felony of the second degree, the

 4  offense is reclassified as a felony of the first degree.

 5         4.  In the case of a felony of the first degree or a

 6  felony of the first degree punishable by a term of

 7  imprisonment not exceeding life, the offense is reclassified

 8  as a life felony.

 9         (b)  For purposes of sentencing under chapter 921, the

10  following offense severity ranking levels apply:

11         1.  An offense that is a misdemeanor of the first

12  degree and that is reclassified under this section as a felony

13  of the third degree is ranked in level 2 of the offense

14  severity ranking chart.

15         2.  A felony offense that is reclassified under this

16  section is ranked one level above the ranking specified in s.

17  921.0022 or s. 921.0023 for the offense committed.

18         (9)(7)  A Any person who is in the relationship of

19  parent or legal guardian, or who otherwise exercises custodial

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

21  who willfully and fraudulently uses personal identification

22  information of that individual commits a felony of the second

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

24  s. 775.084.

25         (10)(8)  This section does not prohibit any lawfully

26  authorized investigative, protective, or intelligence activity

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

28  political subdivisions, of any other state or its political

29  subdivisions, or of the Federal Government or its political

30  subdivisions.

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 1         (11)(9)(a)  In sentencing a defendant convicted of an

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

 3  defendant make restitution pursuant to s. 775.089 to any

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

 5  out-of-pocket costs, the such restitution may include payment

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

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

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

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

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

11  of the defendant.

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

13  necessary to correct any public record that contains false

14  information given in violation of this section.

15         (12)(10)  Prosecutions for violations of this section

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

17  by the statewide prosecutor.

18         (13)(11)  The Legislature finds that, in the absence of

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

20  fails to give consent to the use of personal identification

21  information is the county where the victim generally resides.

22         (14)(12)  Notwithstanding any other provision of law,

23  venue for the prosecution and trial of violations of this

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

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

26  the victim generally resides.

27         (15)(13)  A prosecution of an offense prohibited under

28  subsection (2), subsection (7) (6), or subsection (9) (7) must

29  be commenced within 3 years after the offense occurred.

30  However, a prosecution may be commenced within 1 year after

31  discovery of the offense by an aggrieved party, or by a person

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 1  who has a legal duty to represent the aggrieved party and who

 2  is not a party to the offense, if such prosecution is

 3  commenced within 5 years after the violation occurred.

 4         Section 2.  Paragraphs (h) and (i) of subsection (3) of

 5  section 921.0022, Florida Statutes, are amended to read:

 6         921.0022  Criminal Punishment Code; offense severity

 7  ranking chart.--

 8         (3)  OFFENSE SEVERITY RANKING CHART

 9  

10  Florida           Felony

11  Statute           Degree             Description

12  

13    

14                              (h)  LEVEL 8

15  316.193

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

17  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

18  499.0051(7)        1st      Forgery of prescription or legend

19                              drug labels.

20  499.0052           1st      Trafficking in contraband legend

21                              drugs.

22  560.123(8)(b)2.    2nd      Failure to report currency or

23                              payment instruments totaling or

24                              exceeding $20,000, but less than

25                              $100,000 by money transmitter.

26  560.125(5)(b)      2nd      Money transmitter business by

27                              unauthorized person, currency or

28                              payment instruments totaling or

29                              exceeding $20,000, but less than

30                              $100,000.

31  

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 1  655.50(10)(b)2.    2nd      Failure to report financial

 2                              transactions totaling or

 3                              exceeding $20,000, but less than

 4                              $100,000 by financial

 5                              institutions.

 6  777.03(2)(a)       1st      Accessory after the fact, capital

 7                              felony.

 8  782.04(4)          2nd      Killing of human without design

 9                              when engaged in act or attempt of

10                              any felony other than arson,

11                              sexual battery, robbery,

12                              burglary, kidnapping, aircraft

13                              piracy, or unlawfully discharging

14                              bomb.

15  782.051(2)         1st      Attempted felony murder while

16                              perpetrating or attempting to

17                              perpetrate a felony not

18                              enumerated in s. 782.04(3).

19  782.071(1)(b)      1st      Committing vehicular homicide and

20                              failing to render aid or give

21                              information.

22  782.072(2)         1st      Committing vessel homicide and

23                              failing to render aid or give

24                              information.

25  790.161(3)         1st      Discharging a destructive device

26                              which results in bodily harm or

27                              property damage.

28  794.011(5)         2nd      Sexual battery, victim 12 years

29                              or over, offender does not use

30                              physical force likely to cause

31                              serious injury.

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 1  800.04(4)          2nd      Lewd or lascivious battery.

 2  806.01(1)          1st      Maliciously damage dwelling or

 3                              structure by fire or explosive,

 4                              believing person in structure.

 5  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

 6  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

 7                              or dangerous weapon.

 8  810.02(2)(c)       1st      Burglary of a dwelling or

 9                              structure causing structural

10                              damage or $1,000 or more property

11                              damage.

12  812.13(2)(b)       1st      Robbery with a weapon.

13  812.135(2)         1st      Home-invasion robbery.

14  817.568(7)(6)      2nd      Fraudulent use of personal

15                              identification information of an

16                              individual under the age of 18.

17  825.102(2)         2nd      Aggravated abuse of an elderly

18                              person or disabled adult.

19  825.1025(2)        2nd      Lewd or lascivious battery upon

20                              an elderly person or disabled

21                              adult.

22  825.103(2)(a)      1st      Exploiting an elderly person or

23                              disabled adult and property is

24                              valued at $100,000 or more.

25  837.02(2)          2nd      Perjury in official proceedings

26                              relating to prosecution of a

27                              capital felony.

28  837.021(2)         2nd      Making contradictory statements

29                              in official proceedings relating

30                              to prosecution of a capital

31                              felony.

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

 2                              object in path of railroad

 3                              vehicle resulting in great bodily

 4                              harm.

 5  860.16             1st      Aircraft piracy.

 6  893.13(1)(b)       1st      Sell or deliver in excess of 10

 7                              grams of any substance specified

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

 9  893.13(2)(b)       1st      Purchase in excess of 10 grams of

10                              any substance specified in s.

11                              893.03(1)(a) or (b).

12  893.13(6)(c)       1st      Possess in excess of 10 grams of

13                              any substance specified in s.

14                              893.03(1)(a) or (b).

15  893.135(1)(a)2.    1st      Trafficking in cannabis, more

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

17                              lbs.

18  893.135

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

20                              200 grams, less than 400 grams.

21  893.135

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

23                              more than 14 grams, less than 28

24                              grams.

25  893.135

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

27                              more than 200 grams, less than

28                              400 grams.

29  

30  

31  

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 1  893.135

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

 3                              than 5 kilograms, less than 25

 4                              kilograms.

 5  893.135

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

 7                              than 28 grams, less than 200

 8                              grams.

 9  893.135

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

11                              grams or more, less than 28

12                              grams.

13  893.135

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

15                              gamma-hydroxybutyric acid (GHB),

16                              5 kilograms or more, less than 10

17                              kilograms.

18  893.135

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

20                              kilograms or more, less than 10

21                              kilograms.

22  893.135

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

24                              200 grams or more, less than 400

25                              grams.

26  895.03(1)          1st      Use or invest proceeds derived

27                              from pattern of racketeering

28                              activity.

29  

30  

31  

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 1  895.03(2)          1st      Acquire or maintain through

 2                              racketeering activity any

 3                              interest in or control of any

 4                              enterprise or real property.

 5  895.03(3)          1st      Conduct or participate in any

 6                              enterprise through pattern of

 7                              racketeering activity.

 8  896.101(5)(b)      2nd      Money laundering, financial

 9                              transactions totaling or

10                              exceeding $20,000, but less than

11                              $100,000.

12  896.104(4)(a)2.    2nd      Structuring transactions to evade

13                              reporting or registration

14                              requirements, financial

15                              transactions totaling or

16                              exceeding $20,000 but less than

17                              $100,000.

18                              (i)  LEVEL 9

19  316.193

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

21                              render aid or give information.

22  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

23                              render aid or give information.

24  499.0053           1st      Sale or purchase of contraband

25                              legend drugs resulting in great

26                              bodily harm.

27  560.123(8)(b)3.    1st      Failure to report currency or

28                              payment instruments totaling or

29                              exceeding $100,000 by money

30                              transmitter.

31  

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

 2                              unauthorized person, currency, or

 3                              payment instruments totaling or

 4                              exceeding $100,000.

 5  655.50(10)(b)3.    1st      Failure to report financial

 6                              transactions totaling or

 7                              exceeding $100,000 by financial

 8                              institution.

 9  775.0844           1st      Aggravated white collar crime.

10  782.04(1)          1st      Attempt, conspire, or solicit to

11                              commit premeditated murder.

12  782.04(3)          1st,PBL   Accomplice to murder in

13                              connection with arson, sexual

14                              battery, robbery, burglary, and

15                              other specified felonies.

16  782.051(1)         1st      Attempted felony murder while

17                              perpetrating or attempting to

18                              perpetrate a felony enumerated in

19                              s. 782.04(3).

20  782.07(2)          1st      Aggravated manslaughter of an

21                              elderly person or disabled adult.

22  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

23                              reward or as a shield or hostage.

24  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

25                              or facilitate commission of any

26                              felony.

27  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

28                              interfere with performance of any

29                              governmental or political

30                              function.

31  

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

 2                              age 13; perpetrator also commits

 3                              aggravated child abuse, sexual

 4                              battery, or lewd or lascivious

 5                              battery, molestation, conduct, or

 6                              exhibition.

 7  790.161            1st      Attempted capital destructive

 8                              device offense.

 9  790.166(2)         1st,PBL  Possessing, selling, using, or

10                              attempting to use a weapon of

11                              mass destruction.

12  794.011(2)         1st      Attempted sexual battery; victim

13                              less than 12 years of age.

14  794.011(2)         Life     Sexual battery; offender younger

15                              than 18 years and commits sexual

16                              battery on a person less than 12

17                              years.

18  794.011(4)         1st      Sexual battery; victim 12 years

19                              or older, certain circumstances.

20  794.011(8)(b)      1st      Sexual battery; engage in sexual

21                              conduct with minor 12 to 18 years

22                              by person in familial or

23                              custodial authority.

24  800.04(5)(b)       1st      Lewd or lascivious molestation;

25                              victim less than 12 years;

26                              offender 18 years or older.

27  812.13(2)(a)       1st,PBL  Robbery with firearm or other

28                              deadly weapon.

29  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

30                              deadly weapon.

31  

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    Florida Senate - 2004                                  SB 2492
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 1  817.568(9)(7)      2nd,PBL  Fraudulent use of personal

 2                              identification information of an

 3                              individual under the age of 18 by

 4                              his or her parent, legal

 5                              guardian, or person exercising

 6                              custodial authority.

 7  827.03(2)          1st      Aggravated child abuse.

 8  847.0145(1)        1st      Selling, or otherwise

 9                              transferring custody or control,

10                              of a minor.

11  847.0145(2)        1st      Purchasing, or otherwise

12                              obtaining custody or control, of

13                              a minor.

14  859.01             1st      Poisoning or introducing

15                              bacteria, radioactive materials,

16                              viruses, or chemical compounds

17                              into food, drink, medicine, or

18                              water with intent to kill or

19                              injure another person.

20  893.135            1st      Attempted capital trafficking

21                              offense.

22  893.135(1)(a)3.    1st      Trafficking in cannabis, more

23                              than 10,000 lbs.

24  893.135

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

26                              400 grams, less than 150

27                              kilograms.

28  893.135

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

30                              more than 28 grams, less than 30

31                              kilograms.

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    Florida Senate - 2004                                  SB 2492
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 1  893.135

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

 3                              more than 400 grams.

 4  893.135

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

 6                              than 25 kilograms.

 7  893.135

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

 9                              than 200 grams.

10  893.135

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

12                              gamma-hydroxybutyric acid (GHB),

13                              10 kilograms or more.

14  893.135

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

16                              kilograms or more.

17  893.135

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

19                              400 grams or more.

20  896.101(5)(c)      1st      Money laundering, financial

21                              instruments totaling or exceeding

22                              $100,000.

23  896.104(4)(a)3.    1st      Structuring transactions to evade

24                              reporting or registration

25                              requirements, financial

26                              transactions totaling or

27                              exceeding $100,000.

28         Section 3.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                  SB 2492
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides that a person who fraudulently possesses the
      personal identification information of a deceased person
 4    commits a felony of the third degree and a person who
      fraudulently uses the personal identification information
 5    of a deceased person commits a felony of the second
      degree. Provides criminal penalties and requires a
 6    mandatory minimum sentence. Provides that a person who
      fraudulently uses, or possesses to use, counterfeit or
 7    fictitious personal identification information of another
      commits a felony of the third degree. Authorizes the
 8    court to reduce or suspend the sentence of a defendant
      who provides substantial assistance to law enforcement.
 9    Requires that certain persons convicted of personal
      identification information misrepresentation have the
10    offense reclassified to the next higher degree.

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