HB 0741 2004
1	A bill to be entitled
2	An act relating to identity theft; providing a criminal
3	penalty for identity theft; providing a definition;
4	requiring court records to reflect certain information
5	under certain circumstances; authorizing a person to
6	initiate a law enforcement investigation into certain
7	circumstances of identity theft and use; authorizing a
8	person to petition a court for a determination of
9	innocence in certain circumstances of identity theft and
10	use; providing procedures and requirements for such
11	determinations; requiring consumer credit reporting
12	agencies to provide certain consumers with a statement of
13	their legal rights under certain circumstances; requiring
14	consumer credit reporting agencies to provide certain
15	consumers with free copies of their credit report under
16	certain circumstances; providing an exception; providing
17	an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. (1) IDENTITY THEFT; CRIMINAL PENALTY.--
22	(a) Every person who willfully obtains personal
23	identifying information of another person and uses that
24	information for any unlawful purpose, including, but not limited
25	to, obtaining or attempting to obtain credit, goods, services,
26	or medical information in the name of the other person without
27	the consent of that person, or who, with the intent to defraud,
28	acquires, transfers, or retains possession of the personal
29	identifying information of another person, commits identity
30	theft, a misdemeanor of the first degree, punishable as provided
31	in s. 775.082 or s. 775.083, Florida Statutes.
32	(b) For purposes of this subsection, the term "personal
33	identifying information" means the name, address, telephone
34	number, health insurance identification number, taxpayer
35	identification number, school identification number, state or
36	federal driver's license number or identification number, social
37	security number, place of employment, employee identification
38	number, mother's maiden name, demand deposit account number,
39	savings account number, checking account number, personal
40	identification number or password, alien registration number,
41	government passport number, date of birth, unique biometric data
42	including fingerprint, facial scan identifiers, voice print,
43	retina or iris image, or other unique physical representations,
44	unique electronic data including identification number, address,
45	or routing code, telecommunication identifying information or
46	access device, information contained in a birth or death
47	certificate, or credit card number of an individual person.
48	(c) In any case in which a person willfully obtains
49	personal identifying information of another person, uses that
50	information to commit a crime in addition to a violation of
51	paragraph (a), and is convicted of that offense, the court
52	records shall reflect that the person whose identity was falsely
53	used to commit the crime did not commit the crime.
54	(2) USE OF PERSONAL IDENTIFYING INFORMATION.--
55	(a) A person who has learned or reasonably suspects that
56	his or her personal identifying information has been unlawfully
57	used by another, as provided in subsection (1), may initiate a
58	law enforcement investigation by contacting the local law
59	enforcement agency that has jurisdiction over his or her actual
60	residence, which agency shall make a police report of the
61	matter, provide the complainant with a copy of that report, and
62	begin an investigation of the facts or, if the suspected crime
63	was committed in a different jurisdiction, refer the matter to
64	the law enforcement agency where the suspected crime was
65	committed for an investigation of the facts.
66	(b) A person who reasonably believes that he or she is the
67	victim of identity theft may petition a court, or a court on its
68	own motion or upon application of a prosecuting attorney may
69	move, for an expedited judicial determination of such person's
70	factual innocence when the perpetrator of the identity theft was
71	arrested for, cited for, or convicted of a crime under the
72	victim's identity; when a criminal complaint has been filed
73	against the perpetrator in the victim's name; or when the
74	victim's identity has been mistakenly associated with a record
75	of criminal conviction. Any judicial determination of factual
76	innocence made pursuant to this paragraph may be heard and
77	determined upon declarations, affidavits, police reports, or
78	other material, relevant, and reliable information submitted by
79	the parties or ordered to be part of the record by the court. If
80	the court determines that the petition or motion is meritorious
81	and that there is no reasonable cause to believe that the victim
82	committed the offense for which the perpetrator of the identity
83	theft was arrested, cited, convicted, or subject to a criminal
84	complaint in the victim's name, or that the victim's identity
85	has been mistakenly associated with a record of criminal
86	conviction, the court shall find the victim factually innocent
87	of that offense. If the victim is found factually innocent, the
88	court shall issue an order certifying this determination.
89	(c) After a court has issued a determination of factual
90	innocence pursuant to paragraph (b), the court may order the
91	name and associated personal identifying information contained
92	in court records, files, and indexes accessible by the public to
93	be deleted, sealed, or labeled to show that the data is
94	impersonated and does not reflect the defendant's identity.
95	(d) A court that has issued a determination of factual
96	innocence pursuant to paragraph (b) may at any time vacate that
97	determination if the petition, or any information submitted in
98	support of the petition, is found to contain any material
99	misrepresentation or fraud.
100	(e) The Florida Supreme Court shall develop a form for use
101	in issuing an order pursuant to paragraph (c).
102	(3) STATEMENT OF RIGHTS OF VICTIMS OF IDENTITY THEFT.--
103	(a) In addition to any other rights the consumer may have
104	under this section, every consumer credit reporting agency,
105	after being contacted by telephone, mail, or in person by any
106	consumer who has reason to believe he or she may be a victim of
107	identity theft, shall promptly provide to that consumer a
108	statement, written in a clear and conspicuous manner, describing
109	the legal rights of victims of identity theft under this
110	subsection. For purposes of this subsection, the term "consumer
111	credit reporting agency" means a credit reporting agency
112	regulated under 15 U.S.C. ss. 1681 et seq.
113	(b) Every consumer credit reporting agency shall, upon the
114	receipt from a victim of identity theft of a police report
115	prepared pursuant to subsection (2), or a valid investigative
116	report made by a Department of Highway Safety and Motor Vehicles
117	investigator who is a law enforcement officer regarding the
118	offenses described in subsection (2), provide the victim, free
119	of charge and upon request, with up to 12 copies of his or her
120	file during a consecutive 12-month period, not to exceed one
121	copy per month, following the date of the police report.
122	Notwithstanding any other provision of this section, the maximum
123	number of free reports a victim of identity theft is entitled to
124	obtain under this subsection is 12 per year, as provided by this
125	paragraph.
126	(c) Paragraph (a) does not apply to a consumer credit
127	reporting agency that acts only as a reseller of credit
128	information by assembling and merging information contained in
129	the database of another consumer credit reporting agency or
130	agencies and that does not maintain a permanent database of
131	credit information from which new credit reports are produced.
132	Section 2. This act shall take effect upon becoming a law.