HB 0741

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

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