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.

31  

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    Florida Senate - 2004                                  SB 2782
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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.

31  

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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.

31  

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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.

30  

31  

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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.

30  

31  

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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.

29  

30  

31  

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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.

30  

31  

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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.

30  

31  

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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

30  

31  

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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.

18  

19            *****************************************

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.

25  

26  

27  

28  

29  

30  

31  

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