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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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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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
17-1574A-04
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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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