HB 0741

CS

CHAMBER ACTION

1	The Committee on Public Safety & Crime Prevention recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to identity theft; amending s. 817.568,
8	F.S.; revising a definition; defining the term
9	"counterfeit or fictitious personal identification
10	information"; revising criminal penalties relating to the
11	offense of fraudulently using, or possessing with intent
12	to fraudulently use, personal identification information;
13	providing minimum mandatory terms of imprisonment;
14	creating the offenses of willfully and fraudulently using,
15	or possessing with intent to fraudulently use, personal
16	identification information concerning a deceased
17	individual; providing criminal penalties; providing for
18	minimum mandatory terms of imprisonment; creating the
19	offense of willfully and fraudulently creating or using,
20	or possessing with intent to fraudulently use, counterfeit
21	or fictitious personal identification information;
22	providing criminal penalties; providing for
23	reclassification of offenses under certain circumstances;
24	providing for reduction or suspension of sentences under
25	certain circumstances; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Paragraph (f) of subsection (1) and paragraphs
30	(b) and (c) of subsection (2) of section 817.568, Florida
31	Statutes, are amended, paragraph (g) is added to subsection (1)
32	of said section, present subsections (8) through (13) are
33	renumbered as subsections (12) through (17), respectively, and
34	new subsections (8), (9), (10), and (11) are added to said
35	section, to read:
36	817.568  Criminal use of personal identification
37	information.--
38	(1)  As used in this section, the term:
39	(f)  "Personal identification information" means any name
40	or number that may be used, alone or in conjunction with any
41	other information, to identify a specific individual, including
42	any:
43	1.  Name, address, social security number, date of birth,
44	official state-issued or United States-issued driver's license
45	or identification number, alien registration number, government
46	passport number, employer or taxpayer identification number,
47	Medicaid or food stamp account number, or bank account or credit
48	card number;
49	2.  Unique biometric data, such as fingerprint, voice
50	print, retina or iris image, or other unique physical
51	representation;
52	3.  Unique electronic identification number, address, or
53	routing code; or
54	4.  Telecommunication identifying information or access
55	device.
56	(g)  "Counterfeit or fictitious personal identification
57	information" means any counterfeit, fictitious, or fabricated
58	information in the similitude of the data outlined in paragraph
59	(f) that, although not truthful or accurate, would in context
60	nevertheless lead a reasonably prudent person to credit its
61	truthfulness and accuracy.
62	(2)(a)  Any person who willfully and without authorization
63	fraudulently uses, or possesses with intent to fraudulently use,
64	personal identification information concerning an individual
65	without first obtaining that individual's consent, commits the
66	offense of fraudulent use of personal identification
67	information, which is a felony of the third degree, punishable
68	as provided in s. 775.082, s. 775.083, or s. 775.084.
69	(b)  Any person who willfully and without authorization
70	fraudulently uses personal identification information concerning
71	an individual without first obtaining that individual's consent
72	commits a felony of the second degree, punishable as provided in
73	s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit,
74	the value of the services received, the payment sought to be
75	avoided, or the amount of the injury or fraud perpetrated is
76	$5,000 or more or if the person fraudulently uses the personal
77	identification information of 10 or more individuals but fewer
78	than 20 individuals without their consent. Notwithstanding any
79	other provision of law, the court shall sentence any person
80	convicted of committing the offense described in this paragraph
81	to a mandatory minimum sentence of 3 years' imprisonment.
82	(c)  Any person who willfully and without authorization
83	fraudulently uses personal identification information concerning
84	an individual without first obtaining that individual's consent
85	commits a felony of the first degree, punishable as provided in
86	s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit,
87	the value of the services received, the payment sought to be
88	avoided, or the amount of the injury or fraud perpetrated is
89	$50,000 or more or if the person fraudulently uses the personal
90	identification information of 20 or more individuals without
91	their consent. Notwithstanding any other provision of law, the
92	court shall sentence any person convicted of committing the
93	offense described in this paragraph:
94	1.  to a mandatory minimum sentence of 5 years'
95	imprisonment. If the pecuniary benefit, the value of the
96	services received, the payment sought to be avoided, or the
97	amount of the injury or fraud perpetrated is $100,000 or more,
98	or if the person fraudulently uses the personal identification
99	information of 30 or more individuals without their consent,
100	notwithstanding any other provision of law, the court shall
101	sentence any person convicted of committing the offense
102	described in this paragraph
103	2.  to a mandatory minimum sentence of 10 years'
104	imprisonment, if the pecuniary benefit, the value of the
105	services received, the payment sought to be avoided, or the
106	amount of the injury or fraud perpetrated is $100,000 or more or
107	if the person fraudulently uses the personal identification
108	information of 30 or more individuals without their consent.
109	(8)(a)  Any person who willfully and fraudulently uses, or
110	possesses with intent to fraudulently use, personal
111	identification information concerning a deceased individual
112	commits the offense of fraudulent use or possession with intent
113	to use personal identification information of a deceased
114	individual, a felony of the third degree, punishable as provided
115	in s. 775.082, s. 775.083, or s. 775.084.
116	(b)  Any person who willfully and fraudulently uses
117	personal identification information concerning a deceased
118	individual commits a felony of the second degree, punishable as
119	provided in s. 775.082, s. 775.083, or s. 775.084, if the
120	pecuniary benefit, the value of the services received, the
121	payment sought to be avoided, or the amount of injury or fraud
122	perpetrated is $5,000 or more, or if the person fraudulently
123	uses the personal identification information of 10 or more but
124	fewer than 20 deceased individuals. Notwithstanding any other
125	provision of law, the court shall sentence any person convicted
126	of committing the offense described in this paragraph to a
127	mandatory minimum sentence of 3 years' imprisonment.
128	(c)  Any person who willfully and fraudulently uses
129	personal identification information concerning a deceased
130	individual commits the offense of aggravated fraudulent use of
131	the personal identification information of multiple deceased
132	individuals, a felony of the first degree, punishable as
133	provided in s. 775.082, s. 775.083, or s. 775.084, if the
134	pecuniary benefit, the value of the services received, the
135	payment sought to be avoided, or the amount of injury or fraud
136	perpetrated is $50,000 or more, or if the person fraudulently
137	uses the personal identification information of 20 or more
138	deceased individuals. Notwithstanding any other provision of
139	law, the court shall sentence any person convicted of the
140	offense described in this paragraph to a minimum mandatory
141	sentence of 5 years' imprisonment. If the pecuniary benefit, the
142	value of the services received, the payment sought to be
143	avoided, or the amount of the injury or fraud perpetrated is
144	$100,000 or more, or if the person fraudulently uses the
145	personal identification information of 30 or more deceased
146	individuals, notwithstanding any other provision of law, the
147	court shall sentence any person convicted of an offense
148	described in this paragraph to a mandatory minimum sentence of
149	10 years' imprisonment.
150	(9)  Any person who willfully and fraudulently creates or
151	uses, or possesses with the intent to fraudulently use,
152	counterfeit or fictitious personal identification information
153	concerning a fictitious individual, or concerning a real
154	individual without first obtaining that real individual's
155	consent, intending to use such counterfeit or fictitious
156	personal identification information for the purpose of
157	committing or facilitating the commission of a fraud on another
158	person, commits the offense of fraudulent creation, use, or
159	possession with intent to fraudulently use counterfeit or
160	fictitious personal identification information, a felony of the
161	third degree, punishable as provided in s. 775.082, s. 775.083,
162	or s. 775.084.
163	(10)  Any person who commits an offense described in this
164	section and for the purpose of obtaining or using personal
165	identification information misrepresents himself or herself to
166	be a law enforcement officer; an employee or representative of a
167	bank, credit card company, credit counseling company, or credit
168	reporting agency; or any person who wrongfully represents that
169	he or she is seeking to assist the victim with a problem with
170	the victim's credit history shall have the offense reclassified
171	as follows:
172	(a)  In the case of a misdemeanor, the offense is
173	reclassified as a felony of the third degree.
174	(b)  In the case of a felony of the third degree, the
175	offense is reclassified as a felony of the second degree.
176	(c)  In the case of a felony of the second degree, the
177	offense is reclassified as a felony of the first degree.
178	(d)  In the case of a felony of the first degree or a
179	felony of the first degree punishable by a term of imprisonment
180	not exceeding life, the offense is reclassified as a life
181	felony.
182
183	For purposes of sentencing under chapter 921, a felony offense
184	that is reclassified under this subsection is ranked one level
185	above the ranking under s. 921.0022 or s. 921.0023 of the felony
186	offense committed, and a misdemeanor offense that is
187	reclassified under this subsection is ranked in level 2 of the
188	offense severity ranking chart.
189	(11)  The prosecutor may move the sentencing court to
190	reduce or suspend the sentence of any person who is convicted of
191	a violation of this section and who provides substantial
192	assistance in the identification, arrest, or conviction of any
193	of that person's accomplices, accessories, coconspirators, or
194	principals or of any other person engaged in fraudulent
195	possession or use of personal identification information. The
196	arresting agency shall be given an opportunity to be heard in
197	aggravation or mitigation in reference to any such motion. Upon
198	good cause shown, the motion may be filed and heard in camera.
199	The judge hearing the motion may reduce or suspend the sentence
200	if the judge finds that the defendant rendered such substantial
201	assistance.
202	Section 2.  This act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.