Senate Bill sb2782
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Florida Senate - 2004 SB 2782
By Senator Bennett
21-1508-04
1 A bill to be entitled
2 An act relating to fraudulent practices;
3 amending s. 322.051, F.S.; increasing the
4 penalty for persons 21 years of age or older
5 for prohibited acts relating to identification
6 cards; amending s. 322.212, F.S.; increasing
7 the penalty for certain prohibited acts
8 relating to drivers' licenses and
9 identification cards; amending s. 817.568,
10 F.S.; increasing the penalty for certain acts
11 relating to the criminal use of personal
12 identification information; amending s.
13 921.0022, F.S., relating to the Criminal
14 Punishment Code; conforming provisions to
15 changes made by the act; amending s. 775.0844,
16 F.S.; expanding the definition of aggravated
17 white collar crime relating to fraudulent
18 behavior; providing criminal penalties;
19 creating a minimum mandatory term of
20 imprisonment; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (6) of section 322.051, Florida
25 Statutes, is amended to read:
26 322.051 Identification cards.--
27 (6) It is unlawful for any person:
28 (a) To display, cause or permit to be displayed, or
29 have in his or her possession any fictitious, fraudulently
30 altered, or fraudulently obtained identification card.
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1 (b) To lend his or her identification card to any
2 other person or knowingly permit the use thereof by another.
3 (c) To display or represent any identification card
4 not issued to him or her as being his or her card.
5 (d) To permit any unlawful use of an identification
6 card issued to him or her.
7 (e) To do any act forbidden, or fail to perform any
8 act required, by this section.
9 (f) To photograph, photostat, duplicate, or in any way
10 reproduce any identification card or facsimile thereof in such
11 a manner that it could be mistaken for a valid identification
12 card, or to display or have in his or her possession any such
13 photograph, photostat, duplicate, reproduction, or facsimile
14 unless authorized by the provisions of this section.
15
16 A person 21 years of age or older who violates this subsection
17 commits a misdemeanor of the first degree, punishable as
18 provided in s. 775.082 or s. 775.083.
19 Section 2. Subsection (6) of section 322.212, Florida
20 Statutes, is amended to read:
21 322.212 Unauthorized possession of, and other unlawful
22 acts in relation to, driver's license or identification
23 card.--
24 (6) Except as otherwise provided in this subsection,
25 any person who violates any of the provisions of this section
26 commits is guilty of a felony of the second third degree,
27 punishable as provided in s. 775.082, s. 775.083, or s.
28 775.084. A Any person who violates paragraph (5)(a) by giving
29 a false age in any application for a driver's license or
30 identification card or who violates paragraph (5)(b) by
31 possessing a driver's license, identification card, or any
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1 instrument in the similitude thereof, on which the date of
2 birth has been altered commits is guilty of a misdemeanor of
3 the second degree, punishable as provided in s. 775.082 or s.
4 775.083. A Any person who violates paragraph (1)(d) commits a
5 felony of the second third degree, punishable as provided in
6 s. 775.082, s. 775.083, or s. 775.084.
7 Section 3. Paragraph (a) of subsection (2) of section
8 817.568, Florida Statutes, is amended to read:
9 817.568 Criminal use of personal identification
10 information.--
11 (2)(a) Any person who willfully and without
12 authorization fraudulently uses, or possesses with intent to
13 fraudulently use, personal identification information
14 concerning an individual without first obtaining that
15 individual's consent, commits the offense of fraudulent use of
16 personal identification information, which is a felony of the
17 second third degree, punishable as provided in s. 775.082, s.
18 775.083, or s. 775.084.
19 Section 4. Paragraphs (a) and (d) of subsection (3) of
20 section 921.0022, Florida Statutes, are amended to read:
21 921.0022 Criminal Punishment Code; offense severity
22 ranking chart.--
23 (3) OFFENSE SEVERITY RANKING CHART
24
25 Florida Felony
26 Statute Degree Description
27
28 (a) LEVEL 1
29 24.118(3)(a) 3rd Counterfeit or altered state
30 lottery ticket.
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1 212.054(2)(b) 3rd Discretionary sales surtax;
2 limitations, administration, and
3 collection.
4 212.15(2)(b) 3rd Failure to remit sales taxes,
5 amount greater than $300 but less
6 than $20,000.
7 319.30(5) 3rd Sell, exchange, give away
8 certificate of title or
9 identification number plate.
10 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
11 odometer.
12 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
13 registration license plates or
14 validation stickers.
15 322.212
16 (1)(a)-(c) 2nd 3rd Possession of forged, stolen,
17 counterfeit, or unlawfully issued
18 driver's license; possession of
19 simulated identification.
20 322.212(4) 2nd 3rd Supply or aid in supplying
21 unauthorized driver's license or
22 identification card.
23 322.212(5)(a) 2nd 3rd False application for driver's
24 license or identification card.
25 370.13(2)(c)1. 3rd Molest any stone crab trap, line,
26 or buoy which is property of
27 licenseholder.
28 370.135(1) 3rd Molest any blue crab trap, line,
29 or buoy which is property of
30 licenseholder.
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1 372.663(1) 3rd Poach any alligator or
2 crocodilia.
3 414.39(2) 3rd Unauthorized use, possession,
4 forgery, or alteration of food
5 stamps, Medicaid ID, value
6 greater than $200.
7 414.39(3)(a) 3rd Fraudulent misappropriation of
8 public assistance funds by
9 employee/official, value more
10 than $200.
11 443.071(1) 3rd False statement or representation
12 to obtain or increase
13 unemployment compensation
14 benefits.
15 509.151(1) 3rd Defraud an innkeeper, food or
16 lodging value greater than $300.
17 517.302(1) 3rd Violation of the Florida
18 Securities and Investor
19 Protection Act.
20 562.27(1) 3rd Possess still or still apparatus.
21 713.69 3rd Tenant removes property upon
22 which lien has accrued, value
23 more than $50.
24 812.014(3)(c) 3rd Petit theft (3rd conviction);
25 theft of any property not
26 specified in subsection (2).
27 812.081(2) 3rd Unlawfully makes or causes to be
28 made a reproduction of a trade
29 secret.
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1 815.04(4)(a) 3rd Offense against intellectual
2 property (i.e., computer
3 programs, data).
4 817.52(2) 3rd Hiring with intent to defraud,
5 motor vehicle services.
6 817.569(2) 3rd Use of public record or public
7 records information to facilitate
8 commission of a felony.
9 826.01 3rd Bigamy.
10 828.122(3) 3rd Fighting or baiting animals.
11 831.04(1) 3rd Any erasure, alteration, etc., of
12 any replacement deed, map, plat,
13 or other document listed in s.
14 92.28.
15 831.31(1)(a) 3rd Sell, deliver, or possess
16 counterfeit controlled
17 substances, all but s. 893.03(5)
18 drugs.
19 832.041(1) 3rd Stopping payment with intent to
20 defraud $150 or more.
21 832.05
22 (2)(b)&(4)(c) 3rd Knowing, making, issuing
23 worthless checks $150 or more or
24 obtaining property in return for
25 worthless check $150 or more.
26 838.15(2) 3rd Commercial bribe receiving.
27 838.16 3rd Commercial bribery.
28 843.18 3rd Fleeing by boat to elude a law
29 enforcement officer.
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1 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
2 lewd, etc., material (2nd
3 conviction).
4 849.01 3rd Keeping gambling house.
5 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
6 or assist therein, conduct or
7 advertise drawing for prizes, or
8 dispose of property or money by
9 means of lottery.
10 849.23 3rd Gambling-related machines;
11 "common offender" as to property
12 rights.
13 849.25(2) 3rd Engaging in bookmaking.
14 860.08 3rd Interfere with a railroad signal.
15 860.13(1)(a) 3rd Operate aircraft while under the
16 influence.
17 893.13(2)(a)2. 3rd Purchase of cannabis.
18 893.13(6)(a) 3rd Possession of cannabis (more than
19 20 grams).
20 934.03(1)(a) 3rd Intercepts, or procures any other
21 person to intercept, any wire or
22 oral communication.
23 (d) LEVEL 4
24 316.1935(3) 2nd Driving at high speed or with
25 wanton disregard for safety while
26 fleeing or attempting to elude
27 law enforcement officer who is in
28 a marked patrol vehicle with
29 siren and lights activated.
30 499.0051(1) 3rd Failure to maintain or deliver
31 pedigree papers.
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1 499.0051(2) 3rd Failure to authenticate pedigree
2 papers.
3 499.0051(6) 2nd Sale or delivery, or possession
4 with intent to sell, contraband
5 legend drugs.
6 784.07(2)(b) 3rd Battery of law enforcement
7 officer, firefighter, intake
8 officer, etc.
9 784.074(1)(c) 3rd Battery of sexually violent
10 predators facility staff.
11 784.075 3rd Battery on detention or
12 commitment facility staff.
13 784.078 3rd Battery of facility employee by
14 throwing, tossing, or expelling
15 certain fluids or materials.
16 784.08(2)(c) 3rd Battery on a person 65 years of
17 age or older.
18 784.081(3) 3rd Battery on specified official or
19 employee.
20 784.082(3) 3rd Battery by detained person on
21 visitor or other detainee.
22 784.083(3) 3rd Battery on code inspector.
23 784.085 3rd Battery of child by throwing,
24 tossing, projecting, or expelling
25 certain fluids or materials.
26 787.03(1) 3rd Interference with custody;
27 wrongly takes child from
28 appointed guardian.
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1 787.04(2) 3rd Take, entice, or remove child
2 beyond state limits with criminal
3 intent pending custody
4 proceedings.
5 787.04(3) 3rd Carrying child beyond state lines
6 with criminal intent to avoid
7 producing child at custody
8 hearing or delivering to
9 designated person.
10 790.115(1) 3rd Exhibiting firearm or weapon
11 within 1,000 feet of a school.
12 790.115(2)(b) 3rd Possessing electric weapon or
13 device, destructive device, or
14 other weapon on school property.
15 790.115(2)(c) 3rd Possessing firearm on school
16 property.
17 800.04(7)(d) 3rd Lewd or lascivious exhibition;
18 offender less than 18 years.
19 810.02(4)(a) 3rd Burglary, or attempted burglary,
20 of an unoccupied structure;
21 unarmed; no assault or battery.
22 810.02(4)(b) 3rd Burglary, or attempted burglary,
23 of an unoccupied conveyance;
24 unarmed; no assault or battery.
25 810.06 3rd Burglary; possession of tools.
26 810.08(2)(c) 3rd Trespass on property, armed with
27 firearm or dangerous weapon.
28 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
29 or more but less than $20,000.
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1 812.014
2 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
3 firearm, motor vehicle,
4 livestock, etc.
5 812.0195(2) 3rd Dealing in stolen property by use
6 of the Internet; property stolen
7 $300 or more.
8 817.563(1) 3rd Sell or deliver substance other
9 than controlled substance agreed
10 upon, excluding s. 893.03(5)
11 drugs.
12 817.568(2)(a) 2nd 3rd Fraudulent use of personal
13 identification information.
14 817.625(2)(a) 3rd Fraudulent use of scanning device
15 or reencoder.
16 828.125(1) 2nd Kill, maim, or cause great bodily
17 harm or permanent breeding
18 disability to any registered
19 horse or cattle.
20 837.02(1) 3rd Perjury in official proceedings.
21 837.021(1) 3rd Make contradictory statements in
22 official proceedings.
23 838.022 3rd Official misconduct.
24 839.13(2)(a) 3rd Falsifying records of an
25 individual in the care and
26 custody of a state agency.
27 839.13(2)(c) 3rd Falsifying records of the
28 Department of Children and Family
29 Services.
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1 843.021 3rd Possession of a concealed
2 handcuff key by a person in
3 custody.
4 843.025 3rd Deprive law enforcement,
5 correctional, or correctional
6 probation officer of means of
7 protection or communication.
8 843.15(1)(a) 3rd Failure to appear while on bail
9 for felony (bond estreature or
10 bond jumping).
11 874.05(1) 3rd Encouraging or recruiting another
12 to join a criminal street gang.
13 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
14 893.03(1)(a), (b), or (d),
15 (2)(a), (2)(b), or (2)(c)4.
16 drugs).
17 914.14(2) 3rd Witnesses accepting bribes.
18 914.22(1) 3rd Force, threaten, etc., witness,
19 victim, or informant.
20 914.23(2) 3rd Retaliation against a witness,
21 victim, or informant, no bodily
22 injury.
23 918.12 3rd Tampering with jurors.
24 934.215 3rd Use of two-way communications
25 device to facilitate commission
26 of a crime.
27 Section 5. Section 775.0844, Florida Statutes, is
28 amended to read:
29 775.0844 White Collar Crime Victim Protection Act.--
30 (1) This section may be cited as the "White Collar
31 Crime Victim Protection Act."
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1 (2) Due to the frequency with which victims,
2 particularly elderly victims, are deceived and cheated by
3 criminals who commit nonviolent frauds and swindles,
4 frequently through the use of the Internet and other
5 electronic technology and frequently causing the loss of
6 substantial amounts of property, it is the intent of the
7 Legislature to enhance the sanctions imposed for nonviolent
8 frauds and swindles, protect the public's property, and assist
9 in prosecuting white collar criminals.
10 (3) As used in this section, "white collar crime"
11 means:
12 (a) The commission of, or a conspiracy to commit, any
13 felony offense specified in:
14 1. Chapter 560, relating to the Money Transmitters'
15 Code.
16 2. Chapter 812, relating to theft, robbery, and
17 related crimes.
18 3. Chapter 815, relating to computer-related crimes.
19 4. Chapter 817, relating to fraudulent practices.
20 5. Chapter 825, relating to abuse, neglect, and
21 exploitation of elderly persons and disabled adults.
22 6. Chapter 831, relating to forgery and
23 counterfeiting.
24 7. Chapter 832, relating to the issuance of worthless
25 checks and drafts.
26 8. Chapter 838, relating to bribery and misuse of
27 public office.
28 9. Chapter 839, relating to offenses by public
29 officers and employees.
30 10. Chapter 895, relating to offenses concerning
31 racketeering and illegal debts.
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1 11. Chapter 896, relating to offenses related to
2 financial transactions.
3 (b) A felony offense that is committed with intent to
4 defraud or that involves a conspiracy to defraud.
5 (c) A felony offense that is committed with intent to
6 temporarily or permanently deprive a person of his or her
7 property or that involves a conspiracy to temporarily or
8 permanently deprive a person of his or her property.
9 (d) A felony offense that involves or results in the
10 commission of fraud or deceit upon a person or that involves a
11 conspiracy to commit fraud or deceit upon a person.
12 (4) As used in this section, "aggravated white collar
13 crime" means:
14 (a) Engaging in at least two white collar crimes that
15 have the same or similar intents, results, accomplices,
16 victims, or methods of commission, or that are otherwise
17 interrelated by distinguishing characteristics and are not
18 isolated incidents, provided that at least one of the such
19 crimes occurred after the effective date of this act.
20 (b) Engaging in at least one white collar crime that
21 is a felony offense that involves fraud concerning Medicaid,
22 insurance, or securities.
23 (5) Except as provided in subsection (6), any person
24 who commits an aggravated white collar crime as defined in
25 this section and in so doing either:
26 (a) Victimizes 10 or more elderly persons, as defined
27 in s. 825.101(5);
28 (b) Victimizes 20 or more persons, as defined in s.
29 1.01; or
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1 (c) Victimizes the State of Florida, any state agency,
2 any of the state's political subdivisions, or any agency of
3 the state's political subdivisions,
4
5 and thereby obtains or attempts to obtain $50,000 or more,
6 commits a felony of the first degree, punishable as provided
7 in s. 775.082, s. 775.083, or s. 775.084.
8 (6) A person who commits an aggravated white collar
9 crime as defined in paragraph (4)(b), and in doing so
10 victimizes 20 or more persons, commits a felony of the first
11 degree, punishable as provided in s. 775.082, s. 775.083, or
12 s. 775.084. Any person convicted of an aggravated white collar
13 crime under this subsection shall be sentenced to a minimum
14 mandatory period of incarceration of 10 years.
15 (7)(6) Notwithstanding any other provision of chapter
16 921 or any other law, an aggravated white collar crime shall
17 be ranked within the offense severity ranking chart at offense
18 severity level 9.
19 (8)(7) In addition to a sentence otherwise authorized
20 by law, a person convicted of an aggravated white collar crime
21 may pay a fine of $500,000 or double the value of the
22 pecuniary gain or loss, whichever is greater.
23 (9)(8) A person convicted of an aggravated white
24 collar crime under this section is liable for all court costs
25 and shall pay restitution to each victim of the crime,
26 regardless of whether the victim is named in the information
27 or indictment. As used in this subsection, "victim" means a
28 person directly and proximately harmed as a result of the
29 commission of the offense for which restitution may be
30 ordered, including any person directly harmed by the
31 defendant's criminal conduct in the course of the commission
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1 of the aggravated white collar crime. The court shall hold a
2 hearing to determine the identity of qualifying victims and
3 shall order the defendant to pay restitution based on his or
4 her ability to pay, in accordance with this section and s.
5 775.089.
6 (a) The court shall make the payment of restitution a
7 condition of any probation granted to the defendant by the
8 court. Notwithstanding any other law, the court may order
9 continued probation for a defendant convicted under this
10 section for up to 10 years or until full restitution is made
11 to the victim, whichever occurs earlier.
12 (b) The court retains jurisdiction to enforce its
13 order to pay fines or restitution. The court may initiate
14 proceedings against a defendant for a violation of probation
15 or for contempt of court if the defendant willfully fails to
16 comply with a lawful order of the court.
17 Section 6. This act shall take effect July 1, 2004.
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20 SENATE SUMMARY
21 Increases criminal penalties for certain persons for
prohibited acts relating to identification cards,
22 drivers' licenses, and personal identification
information. Expands the definition of aggravated white
23 collar crime relating to fraudulent behavior involving
Medicaid, insurance, or securities. Creates a minimum
24 mandatory term of imprisonment.
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