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:
12  
13         Senate Amendment (with title amendment) 
14         On page 3, lines 3-15, delete those lines
15  
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 Barcode 331646 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 2 9:03 AM 04/27/05 s0284c1c-27-toa
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 284 Barcode 331646 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 3 9:03 AM 04/27/05 s0284c1c-27-toa
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 284 Barcode 331646 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 4 9:03 AM 04/27/05 s0284c1c-27-toa
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 284 Barcode 331646 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. 5 9:03 AM 04/27/05 s0284c1c-27-toa
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 284 Barcode 331646 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. 5 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 6 9:03 AM 04/27/05 s0284c1c-27-toa
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 284 Barcode 331646 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 7 9:03 AM 04/27/05 s0284c1c-27-toa
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 284 Barcode 331646 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 8 9:03 AM 04/27/05 s0284c1c-27-toa
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 284 Barcode 331646 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. 8 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 9 9:03 AM 04/27/05 s0284c1c-27-toa
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 284 Barcode 331646 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, 10 9:03 AM 04/27/05 s0284c1c-27-toa
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 284 Barcode 331646 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. 6 7 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 11 9:03 AM 04/27/05 s0284c1c-27-toa
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 284 Barcode 331646 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 9:03 AM 04/27/05 s0284c1c-27-toa