Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 284
Barcode 331646
CHAMBER ACTION
Senate House
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04/28/2005 02:56 PM .
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11 Senator Aronberg moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, lines 3-15, delete those lines
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16 and insert:
17 Section 1. Section 817.568, Florida Statutes, is
18 amended to read:
19 817.568 Criminal use of personal identification
20 information.--
21 (1) As used in this section, the term:
22 (a) "Access device" means any card, plate, code,
23 account number, electronic serial number, mobile
24 identification number, personal identification number, or
25 other telecommunications service, equipment, or instrument
26 identifier, or other means of account access that can be used,
27 alone or in conjunction with another access device, to obtain
28 money, goods, services, or any other thing of value, or that
29 can be used to initiate a transfer of funds, other than a
30 transfer originated solely by paper instrument.
31 (b) "Authorization" means empowerment, permission, or
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 284
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1 competence to act.
2 (c) "Harass" means to engage in conduct directed at a
3 specific person that is intended to cause substantial
4 emotional distress to such person and serves no legitimate
5 purpose. "Harass" does not mean to use personal identification
6 information for accepted commercial purposes. The term does
7 not include constitutionally protected conduct such as
8 organized protests or the use of personal identification
9 information for accepted commercial purposes.
10 (d) "Individual" means a single human being and does
11 not mean a firm, association of individuals, corporation,
12 partnership, joint venture, sole proprietorship, or any other
13 entity.
14 (e) "Person" means a "person" as defined in s.
15 1.01(3).
16 (f) "Personal identification information" means any
17 name or number that may be used, alone or in conjunction with
18 any other information, to identify a specific individual,
19 including any:
20 1. Name, postal or electronic mail address, telephone
21 number, social security number, date of birth, mother's maiden
22 name, official state-issued or United States-issued driver's
23 license or identification number, alien registration number,
24 government passport number, employer or taxpayer
25 identification number, Medicaid or food stamp account number,
26 or bank account number, or credit or debit card number, or
27 personal identification number or code assigned to the holder
28 of a debit card by the issuer to permit authorized electronic
29 use of such card;
30 2. Unique biometric data, such as fingerprint, voice
31 print, retina or iris image, or other unique physical
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 284
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1 representation;
2 3. Unique electronic identification number, address,
3 or routing code; or
4 4. Medical records;
5 5.4. Telecommunication identifying information or
6 access device; or.
7 6. Other number or information that can be used to
8 access a person's financial resources.
9 (g) "Counterfeit or fictitious personal identification
10 information" means any counterfeit, fictitious, or fabricated
11 information in the similitude of the data outlined in
12 paragraph (f) that, although not truthful or accurate, would
13 in context lead a reasonably prudent person to credit its
14 truthfulness and accuracy.
15 (2)(a) Any person who willfully and without
16 authorization fraudulently uses, or possesses with intent to
17 fraudulently use, personal identification information
18 concerning an individual without first obtaining that
19 individual's consent, commits the offense of fraudulent use of
20 personal identification information, which is a felony of the
21 third degree, punishable as provided in s. 775.082, s.
22 775.083, or s. 775.084.
23 (b) Any person who willfully and without authorization
24 fraudulently uses personal identification information
25 concerning an individual without first obtaining that
26 individual's consent commits a felony of the second degree,
27 punishable as provided in s. 775.082, s. 775.083, or s.
28 775.084, if the pecuniary benefit, the value of the services
29 received, the payment sought to be avoided, or the amount of
30 the injury or fraud perpetrated is $5,000 or more or if the
31 person fraudulently uses the personal identification
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Bill No. CS for SB 284
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1 information of 10 or more individuals, but fewer than 20
2 individuals, without their consent. Notwithstanding any other
3 provision of law, the court shall sentence any person
4 convicted of committing the offense described in this
5 paragraph to a mandatory minimum sentence of 3 years'
6 imprisonment.
7 (c) Any person who willfully and without authorization
8 fraudulently uses personal identification information
9 concerning an individual without first obtaining that
10 individual's consent commits a felony of the first degree,
11 punishable as provided in s. 775.082, s. 775.083, or s.
12 775.084, if the pecuniary benefit, the value of the services
13 received, the payment sought to be avoided, or the amount of
14 the injury or fraud perpetrated is $50,000 or more or if the
15 person fraudulently uses the personal identification
16 information of 20 or more individuals, but fewer than 30
17 individuals, without their consent. Notwithstanding any other
18 provision of law, the court shall sentence any person
19 convicted of committing the offense described in this
20 paragraph:
21 1. to a mandatory minimum sentence of 5 years'
22 imprisonment. If the pecuniary benefit, the value of the
23 services received, the payment sought to be avoided, or the
24 amount of the injury or fraud perpetrated is $100,000 or more,
25 or if the person fraudulently uses the personal identification
26 information of 30 or more individuals without their consent,
27 notwithstanding any other provision of law, the court shall
28 sentence any person convicted of committing the offense
29 described in this paragraph
30 2. to a mandatory minimum sentence of 10 years'
31 imprisonment, if the pecuniary benefit, the value of the
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1 services received, the payment sought to be avoided, or the
2 amount of the injury or fraud perpetrated is $100,000 or more
3 or if the person fraudulently uses the personal identification
4 information of 30 or more individuals without their consent.
5 (3) Neither paragraph (2)(b) nor paragraph (2)(c)
6 prevents a court from imposing a greater sentence of
7 incarceration as authorized by law. If the minimum mandatory
8 terms of imprisonment imposed under paragraph (2)(b) or
9 paragraph (2)(c) exceed the maximum sentences authorized under
10 s. 775.082, s. 775.084, or the Criminal Punishment Code under
11 chapter 921, the mandatory minimum sentence must be imposed.
12 If the mandatory minimum terms of imprisonment under paragraph
13 (2)(b) or paragraph (2)(c) are less than the sentence that
14 could be imposed under s. 775.082, s. 775.084, or the Criminal
15 Punishment Code under chapter 921, the sentence imposed by the
16 court must include the mandatory minimum term of imprisonment
17 as required by paragraph (2)(b) or paragraph (2)(c).
18 (4) Any person who willfully and without authorization
19 possesses, uses, or attempts to use personal identification
20 information concerning an individual without first obtaining
21 that individual's consent, and who does so for the purpose of
22 harassing that individual, commits the offense of harassment
23 by use of personal identification information, which is a
24 misdemeanor of the first degree, punishable as provided in s.
25 775.082 or s. 775.083.
26 (5) If an offense prohibited under this section was
27 facilitated or furthered by the use of a public record, as
28 defined in s. 119.011, the offense is reclassified to the next
29 higher degree as follows:
30 (a) A misdemeanor of the first degree is reclassified
31 as a felony of the third degree.
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Florida Senate - 2005 SENATOR AMENDMENT
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1 (b) A felony of the third degree is reclassified as a
2 felony of the second degree.
3 (c) A felony of the second degree is reclassified as a
4 felony of the first degree.
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6 For purposes of sentencing under chapter 921 and incentive
7 gain-time eligibility under chapter 944, a felony offense that
8 is reclassified under this subsection is ranked one level
9 above the ranking under s. 921.0022 of the felony offense
10 committed, and a misdemeanor offense that is reclassified
11 under this subsection is ranked in level 2 of the offense
12 severity ranking chart in s. 921.0022.
13 (6) Any person who willfully and without authorization
14 fraudulently uses personal identification information
15 concerning an individual who is less than 18 years of age
16 without first obtaining the consent of that individual or of
17 his or her legal guardian commits a felony of the second
18 degree, punishable as provided in s. 775.082, s. 775.083, or
19 s. 775.084.
20 (7) Any person who is in the relationship of parent or
21 legal guardian, or who otherwise exercises custodial authority
22 over an individual who is less than 18 years of age, who
23 willfully and fraudulently uses personal identification
24 information of that individual commits a felony of the second
25 degree, punishable as provided in s. 775.082, s. 775.083, or
26 s. 775.084.
27 (8)(a) Any person who willfully and fraudulently uses,
28 or possesses with intent to fraudulently use, personal
29 identification information concerning a deceased individual
30 commits the offense of fraudulent use or possession with
31 intent to use personal identification information of a
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1 deceased individual, a felony of the third degree, punishable
2 as provided in s. 775.082, s. 775.083, or s. 775.084.
3 (b) Any person who willfully and fraudulently uses
4 personal identification information concerning a deceased
5 individual commits a felony of the second degree, punishable
6 as provided in s. 775.082, s. 775.083, or s. 775.084, if the
7 pecuniary benefit, the value of the services received, the
8 payment sought to be avoided, or the amount of injury or fraud
9 perpetrated is $5,000 or more, or if the person fraudulently
10 uses the personal identification information of 10 or more but
11 fewer than 20 deceased individuals. Notwithstanding any other
12 provision of law, the court shall sentence any person
13 convicted of committing the offense described in this
14 paragraph to a mandatory minimum sentence of 3 years'
15 imprisonment.
16 (c) Any person who willfully and fraudulently uses
17 personal identification information concerning a deceased
18 individual commits the offense of aggravated fraudulent use of
19 the personal identification information of multiple deceased
20 individuals, a felony of the first degree, punishable as
21 provided in s. 775.082, s. 775.083, or s. 775.084, if the
22 pecuniary benefit, the value of the services received, the
23 payment sought to be avoided, or the amount of injury or fraud
24 perpetrated is $50,000 or more, or if the person fraudulently
25 uses the personal identification information of 20 or more but
26 fewer than 30 deceased individuals. Notwithstanding any other
27 provision of law, the court shall sentence any person
28 convicted of the offense described in this paragraph to a
29 minimum mandatory sentence of 5 years' imprisonment. If the
30 pecuniary benefit, the value of the services received, the
31 payment sought to be avoided, or the amount of the injury or
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1 fraud perpetrated is $100,000 or more, or if the person
2 fraudulently uses the personal identification information of
3 30 or more deceased individuals, notwithstanding any other
4 provision of law, the court shall sentence any person
5 convicted of an offense described in this paragraph to a
6 mandatory minimum sentence of 10 years' imprisonment.
7 (9) Any person who willfully and fraudulently creates
8 or uses, or possesses with intent to fraudulently use,
9 counterfeit or fictitious personal identification information
10 concerning a fictitious individual, or concerning a real
11 individual without first obtaining that real individual's
12 consent, with intent to use such counterfeit or fictitious
13 personal identification information for the purpose of
14 committing or facilitating the commission of a fraud on
15 another person, commits the offense of fraudulent creation or
16 use of, or possession with intent to fraudulently use,
17 counterfeit or fictitious personal identification information,
18 a felony of the third degree, punishable as provided in s.
19 775.082, s. 775.083, or s. 775.084.
20 (10) Any person who commits an offense described in
21 this section and for the purpose of obtaining or using
22 personal identification information misrepresents himself or
23 herself to be a law enforcement officer; an employee or
24 representative of a bank, credit card company, credit
25 counseling company, or credit reporting agency; or any person
26 who wrongfully represents that he or she is seeking to assist
27 the victim with a problem with the victim's credit history
28 shall have the offense reclassified as follows:
29 (a) In the case of a misdemeanor, the offense is
30 reclassified as a felony of the third degree.
31 (b) In the case of a felony of the third degree, the
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Florida Senate - 2005 SENATOR AMENDMENT
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1 offense is reclassified as a felony of the second degree.
2 (c) In the case of a felony of the second degree, the
3 offense is reclassified as a felony of the first degree.
4 (d) In the case of a felony of the first degree or a
5 felony of the first degree punishable by a term of
6 imprisonment not exceeding life, the offense is reclassified
7 as a life felony.
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9 For purposes of sentencing under chapter 921, a felony offense
10 that is reclassified under this subsection is ranked one level
11 above the ranking under s. 921.0022 or s. 921.0023 of the
12 felony offense committed, and a misdemeanor offense that is
13 reclassified under this subsection is ranked in level 2 of the
14 offense severity ranking chart.
15 (11) The prosecutor may move the sentencing court to
16 reduce or suspend the sentence of any person who is convicted
17 of a violation of this section and who provides substantial
18 assistance in the identification, arrest, or conviction of any
19 of that person's accomplices, accessories, coconspirators, or
20 principals or of any other person engaged in fraudulent
21 possession or use of personal identification information. The
22 arresting agency shall be given an opportunity to be heard in
23 aggravation or mitigation in reference to any such motion.
24 Upon good cause shown, the motion may be filed and heard in
25 camera. The judge hearing the motion may reduce or suspend the
26 sentence if the judge finds that the defendant rendered such
27 substantial assistance.
28 (12)(8) This section does not prohibit any lawfully
29 authorized investigative, protective, or intelligence activity
30 of a law enforcement agency of this state or any of its
31 political subdivisions, of any other state or its political
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1 subdivisions, or of the Federal Government or its political
2 subdivisions.
3 (13)(9)(a) In sentencing a defendant convicted of an
4 offense under this section, the court may order that the
5 defendant make restitution under pursuant to s. 775.089 to any
6 victim of the offense. In addition to the victim's
7 out-of-pocket costs, such restitution may include payment of
8 any other costs, including attorney's fees incurred by the
9 victim in clearing the victim's credit history or credit
10 rating, or any costs incurred in connection with any civil or
11 administrative proceeding to satisfy any debt, lien, or other
12 obligation of the victim arising as the result of the actions
13 of the defendant.
14 (b) The sentencing court may issue such orders as are
15 necessary to correct any public record that contains false
16 information given in violation of this section.
17 (14)(10) Prosecutions for violations of this section
18 may be brought on behalf of the state by any state attorney or
19 by the statewide prosecutor.
20 (15)(11) The Legislature finds that, in the absence of
21 evidence to the contrary, the location where a victim gives or
22 fails to give consent to the use of personal identification
23 information is the county where the victim generally resides.
24 (16)(12) Notwithstanding any other provision of law,
25 venue for the prosecution and trial of violations of this
26 section may be commenced and maintained in any county in which
27 an element of the offense occurred, including the county where
28 the victim generally resides.
29 (17)(13) A prosecution of an offense prohibited under
30 subsection (2), subsection (6), or subsection (7) must be
31 commenced within 3 years after the offense occurred. However,
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1 a prosecution may be commenced within 1 year after discovery
2 of the offense by an aggrieved party, or by a person who has a
3 legal duty to represent the aggrieved party and who is not a
4 party to the offense, if such prosecution is commenced within
5 5 years after the violation occurred.
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8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 On page 1, lines 3-8, delete those lines
11
12 and insert:
13 amending s. 817.568, F.S.; including other
14 information within the definition of the term
15 "personal identification information"; defining
16 the term "counterfeit or fictitious personal
17 identification information"; revising criminal
18 penalties relating to the offense of
19 fraudulently using, or possessing with intent
20 to fraudulently use, personal identification
21 information; providing minimum mandatory terms
22 of imprisonment; creating the offenses of
23 willfully and fraudulently using, or possessing
24 with intent to fraudulently use, personal
25 identification information concerning a
26 deceased individual; providing criminal
27 penalties; providing for minimum mandatory
28 terms of imprisonment; creating the offense of
29 willfully and fraudulently creating or using,
30 or possessing with intent to fraudulently use,
31 counterfeit or fictitious personal
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1 identification information; providing criminal
2 penalties; providing for reclassification of
3 offenses under certain circumstances; providing
4 for reduction or suspension of sentences under
5 certain circumstances; creating s.
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