Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 284
                        Barcode 701584
                            CHAMBER ACTION
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11  The Committee on Judiciary (Aronberg) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 6, between lines 23 and 24,
16  
17  insert:  Section 9.  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 COMMITTEE AMENDMENT Bill No. SB 284 Barcode 701584 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 11:30 AM 04/06/05 s0284.ju27.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 284 Barcode 701584 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 11:30 AM 04/06/05 s0284.ju27.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 284 Barcode 701584 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 law, the court shall sentence any 28 person convicted of committing the offense described in this 29 paragraph 30 2. to a mandatory minimum sentence of 10 years' 31 imprisonment, if the pecuniary benefit, the value of the 4 11:30 AM 04/06/05 s0284.ju27.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 284 Barcode 701584 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) A Any person who willfully and without 19 authorization possesses, uses, or attempts to use personal 20 identification information concerning an individual without 21 first obtaining that individual's consent, and who does so for 22 the purpose of harassing that individual, commits the offense 23 of harassment by use of personal identification information, 24 which is a misdemeanor of the first degree, punishable as 25 provided in s. 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 11:30 AM 04/06/05 s0284.ju27.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 284 Barcode 701584 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) A Any person who willfully and without 14 authorization fraudulently uses personal identification 15 information concerning an individual who is less than 18 years 16 of age without first obtaining the consent of that individual 17 or of 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) A Any person who is in the relationship of parent 21 or legal guardian, or who otherwise exercises custodial 22 authority over an individual who is less than 18 years of age, 23 who 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) A 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 11:30 AM 04/06/05 s0284.ju27.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 284 Barcode 701584 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) A 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 law, the court shall sentence any person convicted of 13 committing the offense described in this paragraph to a 14 mandatory minimum sentence of 3 years' imprisonment. 15 (c) A person who willfully and fraudulently uses 16 personal identification information concerning a deceased 17 individual commits the offense of aggravated fraudulent use of 18 the personal identification information of multiple deceased 19 individuals, a felony of the first degree, punishable as 20 provided in s. 775.082, s. 775.083, or s. 775.084, if the 21 pecuniary benefit, the value of the services received, the 22 payment sought to be avoided, or the amount of injury or fraud 23 perpetrated is $50,000 or more, or if the person fraudulently 24 uses the personal identification information of 20 or more but 25 fewer than 30 deceased individuals. Notwithstanding any other 26 law, the court shall sentence a person convicted of the 27 offense described in this paragraph to a minimum mandatory 28 sentence of 5 years' imprisonment. If the pecuniary benefit, 29 the value of the services received, the payment sought to be 30 avoided, or the amount of the injury or fraud perpetrated is 31 $100,000 or more, or if the person fraudulently uses the 7 11:30 AM 04/06/05 s0284.ju27.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 284 Barcode 701584 1 personal identification information of 30 or more deceased 2 individuals, notwithstanding any other provision of law, the 3 court shall sentence a person convicted of an offense 4 described in this paragraph to a mandatory minimum sentence of 5 10 years' imprisonment. 6 (9) A person who willfully and fraudulently creates or 7 uses, or possesses with intent to fraudulently use, 8 counterfeit or fictitious personal identification information 9 concerning a fictitious individual, or concerning a real 10 individual without first obtaining that real individual's 11 consent, with intent to use the counterfeit or fictitious 12 personal identification information for the purpose of 13 committing or facilitating the commission of a fraud on 14 another person, commits the offense of fraudulent creation or 15 use, or possession with intent to fraudulently use, 16 counterfeit or fictitious personal identification information, 17 a felony of the third degree, punishable as provided in s. 18 775.082, s. 775.083, or s. 775.084. 19 (10) A person who commits an offense described in this 20 section and for the purpose of obtaining or using personal 21 identification information misrepresents himself or herself to 22 be a law enforcement officer; an employee or representative of 23 a bank, credit card company, credit counseling company, or 24 credit reporting agency; or a person who wrongfully represents 25 that he or she is seeking to assist the victim with a problem 26 with the victim's credit history shall have the offense 27 reclassified as follows: 28 (a) In the case of a misdemeanor, the offense is 29 reclassified as a felony of the third degree. 30 (b) In the case of a felony of the third degree, the 31 offense is reclassified as a felony of the second degree. 8 11:30 AM 04/06/05 s0284.ju27.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 284 Barcode 701584 1 (c) In the case of a felony of the second degree, the 2 offense is reclassified as a felony of the first degree. 3 (d) In the case of a felony of the first degree or a 4 felony of the first degree punishable by a term of 5 imprisonment not exceeding life, the offense is reclassified 6 as a life felony. 7 8 For purposes of sentencing under chapter 921, a felony offense 9 that is reclassified under this subsection is ranked one level 10 above the ranking under s. 921.0022 or s. 921.0023 of the 11 felony offense committed, and a misdemeanor offense that is 12 reclassified under this subsection is ranked in level 2 of the 13 offense severity ranking chart. 14 (11) The prosecutor may move the sentencing court to 15 reduce or suspend the sentence of a person who is convicted of 16 a violation of this section and who provides substantial 17 assistance in the identification, arrest, or conviction of any 18 of that person's accomplices, accessories, coconspirators, or 19 principals or of any other person engaged in fraudulent 20 possession or use of personal identification information. The 21 arresting agency shall be given an opportunity to be heard in 22 aggravation or mitigation in reference to any such motion. 23 Upon good cause shown, the motion may be filed and heard in 24 camera. The judge hearing the motion may reduce or suspend the 25 sentence if the judge finds that the defendant rendered such 26 substantial assistance. 27 (12)(8) This section does not prohibit any lawfully 28 authorized investigative, protective, or intelligence activity 29 of a law enforcement agency of this state or any of its 30 political subdivisions, of any other state or its political 31 subdivisions, or of the Federal Government or its political 9 11:30 AM 04/06/05 s0284.ju27.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 284 Barcode 701584 1 subdivisions. 2 (13)(9)(a) In sentencing a defendant convicted of an 3 offense under this section, the court may order that the 4 defendant make restitution under pursuant to s. 775.089 to any 5 victim of the offense. In addition to the victim's 6 out-of-pocket costs, such restitution may include payment of 7 any other costs, including attorney's fees incurred by the 8 victim in clearing the victim's credit history or credit 9 rating, or any costs incurred in connection with any civil or 10 administrative proceeding to satisfy any debt, lien, or other 11 obligation of the victim arising as the result of the actions 12 of the defendant. 13 (b) The sentencing court may issue such orders as are 14 necessary to correct any public record that contains false 15 information given in violation of this section. 16 (14)(10) Prosecutions for violations of this section 17 may be brought on behalf of the state by any state attorney or 18 by the statewide prosecutor. 19 (15)(11) The Legislature finds that, in the absence of 20 evidence to the contrary, the location where a victim gives or 21 fails to give consent to the use of personal identification 22 information is the county where the victim generally resides. 23 (16)(12) Notwithstanding any other provision of law, 24 venue for the prosecution and trial of violations of this 25 section may be commenced and maintained in any county in which 26 an element of the offense occurred, including the county where 27 the victim generally resides. 28 (17)(13) A prosecution of an offense prohibited under 29 subsection (2), subsection (6), or subsection (7) must be 30 commenced within 3 years after the offense occurred. However, 31 a prosecution may be commenced within 1 year after discovery 10 11:30 AM 04/06/05 s0284.ju27.002
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 284 Barcode 701584 1 of the offense by an aggrieved party, or by a person who has a 2 legal duty to represent the aggrieved party and who is not a 3 party to the offense, if such prosecution is commenced within 4 5 years after the violation occurred. 5 6 (Redesignate subsequent sections.) 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 2, line 2, after the first semicolon 12 13 insert: 14 amending s. 817.568, F.S.; redefining the term 15 "personal identification information" and defining the term 16 "counterfeit or fictitious personal identification 17 information"; revising criminal penalties relating to the 18 offense of fraudulently using, or possessing with intent to 19 fraudulently use, personal identification information; 20 providing minimum mandatory terms of imprisonment; creating 21 the offenses of willfully and fraudulently using, or 22 possessing with intent to fraudulently use, personal 23 identification information concerning a deceased individual; 24 providing criminal penalties; providing for minimum mandatory 25 terms of imprisonment; creating the offense of willfully and 26 fraudulently creating or using, or possessing with intent to 27 fraudulently use, counterfeit or fictitious personal 28 identification information; providing criminal penalties; 29 providing for reclassification of offenses under certain 30 circumstances; providing for reduction or suspension of 31 sentences under certain circumstances; 11 11:30 AM 04/06/05 s0284.ju27.002