HB 0481

1	A bill to be entitled
2	An act relating to unlawful use of personal identification
3	information; creating s. 501.165, F.S.; providing
4	definitions; providing that using deception to obtain
5	certain personal identification information for commercial
6	solicitation purposes is a deceptive and unfair trade
7	practice in violation of part II of ch. 501, F.S.;
8	providing remedies; prohibiting the unauthorized
9	disclosure, sale, or transfer of personal identification
10	information to a third party; providing applicability;
11	prohibiting a health care business from terminating
12	certain relationships to avoid obtaining consent from a
13	consumer to disclose, sell, or transfer personal
14	identification information; prohibiting a business entity
15	or health care business from discriminating against an
16	individual due to the individual's refusal to give such
17	consent; providing that disclosing, selling, or
18	transferring personal identification information is a
19	deceptive and unfair trade practice in violation of part
20	II of ch. 501, F.S.; providing that an individual whose
21	property or person is injured may institute a civil action
22	for injunctive relief, civil damages, and financial loss;
23	providing for attorney's fees; providing that a civil
24	action may be filed regardless of whether a criminal
25	prosecution has been or will be instituted and that the
26	rights and remedies are in addition to any other rights
27	and remedies provided by law; amending s. 817.568, F.S.;
28	including other information within the definition of the
29	term "personal identification information"; defining the
30	term "counterfeit or fictitious personal identification
31	information"; revising criminal penalties relating to the
32	offense of fraudulently using, or possessing with intent
33	to fraudulently use, personal identification information;
34	providing minimum mandatory terms of imprisonment;
35	providing that the willful and unauthorized disclosure,
36	sale, or transfer of, or the attempt to disclose, sell, or
37	transfer, personal identification information under
38	specified circumstances is a felony of the third degree;
39	providing penalties; creating the offenses of willfully
40	and fraudulently using, or possessing with intent to
41	fraudulently use, personal identification information
42	concerning a deceased individual; providing criminal
43	penalties; providing for minimum mandatory terms of
44	imprisonment; creating the offense of willfully and
45	fraudulently creating or using, or possessing with intent
46	to fraudulently use, counterfeit or fictitious personal
47	identification information; providing criminal penalties;
48	providing for reclassification of offenses under certain
49	circumstances; providing for reduction or suspension of
50	sentences under certain circumstances; providing that a
51	violation of s. 817.568, F.S., is a deceptive and unfair
52	trade practice in violation of part II of ch. 501, F.S.;
53	providing remedies; amending s. 921.0022, F.S.; conforming
54	provisions to changes made by the act; providing an
55	effective date.
56
57	Be It Enacted by the Legislature of the State of Florida:
58
59	Section 1.  Section 501.165, Florida Statutes, is created
60	to read:
61	501.165  Fraudulent use of personal identification
62	information.--
63	(1)  As used in this section, the term:
64	(a)  "Business entity" means a for-profit or not-for-profit
65	corporation, partnership, limited partnership, proprietorship,
66	firm, enterprise, franchise, association, self-employed
67	individual, or trust, whether fictitiously named or not, doing
68	business in this state, or a contractor or subcontractor of such
69	a business entity.
70	(b)  "Health care business" means a business entity, unit
71	of local government, or political subdivision of the state that
72	collects or retains personally identifiable information about
73	individuals relating to health care, including, but not limited
74	to, hospitals or other facilities that provide diagnostic,
75	medical, surgical, or dental treatment or care or chronic or
76	rehabilitative care, health maintenance organizations, medical
77	partnerships, pharmacies, emergency medical transportation
78	companies, medical transcription companies, banks and other
79	business entities that collect or process medical billing
80	information, and subcontractors of a health care business.
81	(c)  "Individual" means a single human being and does not
82	mean a firm, association of individuals, corporation,
83	partnership, joint venture, sole proprietorship, or any other
84	entity.
85	(d)  "Personal identification information" means any name
86	or number that may be used, alone or in conjunction with any
87	other information, to identify a specific individual, including:
88	1.  A name, postal or e-mail address, social security
89	number, date of birth, driver's license or identification number
90	issued by a state or the Federal Government, telephone number,
91	mother's maiden name, alien registration number, government
92	passport number, employer or taxpayer identification number,
93	Medicaid or food stamp account number, bank account number,
94	credit card or debit card number, or personal identification
95	number or code assigned to the holder of a debit card by the
96	issuer to permit authorized electronic use of the card;
97	2.  Unique biometric data, such as a fingerprint, voice
98	print, retina or iris image, or other unique physical
99	representation;
100	3.  A unique electronic identification number, address,
101	password, or routing code;
102	4.  Medical records;
103	5.  Telecommunication identifying information or an access
104	device; or
105	6.  Any other number or information that can be used to
106	access an individual's financial resources.
107	(2)  A person, business entity, or health care business
108	that intentionally uses deceptive practices or means to obtain
109	personal identification information and that uses it to engage
110	in commercial solicitation, or provides it to another person,
111	business entity, or health care business for purposes of
112	commercial solicitation, commits a deceptive and unfair trade
113	practice in violation of part II of this chapter, and is subject
114	to the penalties and remedies provided for such violation, in
115	addition to remedies otherwise available for this conduct.
116	(3)(a)  A person, business entity, or health care business
117	may not disclose, sell, or otherwise transfer to a third party,
118	including a branch, affiliate, subcontractor, or unaffiliated
119	third party located in a foreign country, personal
120	identification information concerning an individual without
121	first obtaining the express consent of that individual.
122	(b)  The prohibition set forth in paragraph (a) applies to
123	any individual who resides in this state at the time the
124	personal identification information is disclosed, sold,
125	transferred, or otherwise obtained.
126	(c)  A health care business may not terminate an existing
127	relationship with a consumer of health care services to avoid
128	obtaining express consent from the consumer before disclosing,
129	selling, or otherwise transferring personal identification
130	information to a party located in a foreign country.
131	(d)  A business entity or health care business may not
132	discriminate against or deny an otherwise qualified individual a
133	product, service, or health care service because the individual
134	has previously refused to give express consent to the
135	disclosure, sale, or transfer of personal identification
136	information to a party located in a foreign country.
137	(e)  A person, business entity, or health care business
138	that violates any provision of this subsection commits a
139	deceptive and unfair trade practice in violation of part II of
140	this chapter and is subject to the penalties and remedies
141	provided for such violation in addition to remedies otherwise
142	available by law for this conduct.
143	(4)(a)  An individual whose property or person is injured
144	by a violation of subsection (2) or subsection (3) may:
145	1.  Institute a civil action to enjoin and restrain future
146	acts that constitute a violation of subsection (2) or subsection
147	(3) and to recover for financial loss. Financial loss under this
148	section includes actual losses, lost wages, attorney's fees, and
149	other costs incurred by the individual in correcting his or her
150	credit history or credit rating or incurred in connection with
151	any criminal, civil, or administrative proceeding brought
152	against the individual resulting from the misappropriation of
153	the individual's personal identification information.
154	2.  Bring a civil action for damages in an amount of up to
155	$5,000 for each incident, or three times the amount of actual
156	damages, whichever amount is greater. The court, in an action
157	brought under this subsection, may award reasonable attorney's
158	fees to the prevailing party.
159	(b)  The venue for a civil action brought under this
160	subsection shall be the county in which the plaintiff resides or
161	any county in which any part of the alleged violation of
162	subsection (2) or subsection (3) took place, regardless of
163	whether the defendant was ever actually present in that county.
164	A civil action filed under this subsection must be brought
165	within 5 years after the violation occurred.
166	(c)  A civil action may be filed under this subsection
167	regardless of whether a criminal prosecution has been or will be
168	instituted for the acts that are the subject of the civil
169	action. The rights and remedies provided by this subsection are
170	in addition to any other rights and remedies provided by law.
171	Section 2.  Section 817.568, Florida Statutes, is amended
172	to read:
173	817.568  Criminal use of personal identification
174	information.--
175	(1)  As used in this section, the term:
176	(a)  "Access device" means any card, plate, code, account
177	number, electronic serial number, mobile identification number,
178	personal identification number, or other telecommunications
179	service, equipment, or instrument identifier, or other means of
180	account access that can be used, alone or in conjunction with
181	another access device, to obtain money, goods, services, or any
182	other thing of value, or that can be used to initiate a transfer
183	of funds, other than a transfer originated solely by paper
184	instrument.
185	(b)  "Authorization" means empowerment, permission, or
186	competence to act.
187	(c)  "Harass" means to engage in conduct directed at a
188	specific person that is intended to cause substantial emotional
189	distress to such person and serves no legitimate purpose.
190	"Harass" does not mean to use personal identification
191	information for accepted commercial purposes. The term does not
192	include constitutionally protected conduct such as organized
193	protests or the use of personal identification information for
194	accepted commercial purposes.
195	(d)  "Individual" means a single human being and does not
196	mean a firm, association of individuals, corporation,
197	partnership, joint venture, sole proprietorship, or any other
198	entity.
199	(e)  "Person" means a "person" as defined in s. 1.01(3).
200	(f)  "Personal identification information" means any name
201	or number that may be used, alone or in conjunction with any
202	other information, to identify a specific individual, including
203	any:
204	1.  Name, postal or e-mail address, telephone number,
205	social security number, date of birth, mother's maiden name,
206	official state-issued or United States-issued driver's license
207	or identification number, alien registration number, government
208	passport number, employer or taxpayer identification number,
209	Medicaid or food stamp account number, or bank account number,
210	or credit or debit card number, or personal identification
211	number or code assigned to the holder of a debit card by the
212	issuer to permit authorized electronic use of such card;
213	2.  Unique biometric data, such as fingerprint, voice
214	print, retina or iris image, or other unique physical
215	representation;
216	3.  Unique electronic identification number, address, or
217	routing code; or
218	4.  Medical records;
219	5.4.  Telecommunication identifying information or access
220	device; or.
221	6.  Other number or information that can be used to access
222	a person's financial resources.
223	(g)  "Counterfeit or fictitious personal identification
224	information" means any counterfeit, fictitious, or fabricated
225	information in the similitude of the data outlined in paragraph
226	(f) that, although not truthful or accurate, would in context
227	lead a reasonably prudent person to credit its truthfulness and
228	accuracy.
229	(2)(a)  Any person who willfully and without authorization
230	fraudulently uses, or possesses with intent to fraudulently use,
231	personal identification information concerning an individual
232	without first obtaining that individual's consent, commits the
233	offense of fraudulent use of personal identification
234	information, which is a felony of the third degree, punishable
235	as provided in s. 775.082, s. 775.083, or s. 775.084.
236	(b)  Any person who willfully and without authorization
237	fraudulently uses personal identification information concerning
238	an individual without first obtaining that individual's consent
239	commits a felony of the second degree, punishable as provided in
240	s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit,
241	the value of the services received, the payment sought to be
242	avoided, or the amount of the injury or fraud perpetrated is
243	$5,000 or more or if the person fraudulently uses the personal
244	identification information of 10 or more individuals, but fewer
245	than 20 individuals, without their consent. Notwithstanding any
246	other provision of law, the court shall sentence any person
247	convicted of committing the offense described in this paragraph
248	to a mandatory minimum sentence of 3 years' imprisonment.
249	(c)  Any person who willfully and without authorization
250	fraudulently uses personal identification information concerning
251	an individual without first obtaining that individual's consent
252	commits a felony of the first degree, punishable as provided in
253	s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit,
254	the value of the services received, the payment sought to be
255	avoided, or the amount of the injury or fraud perpetrated is
256	$50,000 or more or if the person fraudulently uses the personal
257	identification information of 20 or more individuals, but fewer
258	than 30 individuals, without their consent. Notwithstanding any
259	other provision of law, the court shall sentence any person
260	convicted of committing the offense described in this paragraph:
261	1.  to a mandatory minimum sentence of 5 years'
262	imprisonment. If the pecuniary benefit, the value of the
263	services received, the payment sought to be avoided, or the
264	amount of the injury or fraud perpetrated is $100,000 or more,
265	or if the person fraudulently uses the personal identification
266	information of 30 or more individuals without their consent,
267	notwithstanding any other provision of law, the court shall
268	sentence any person convicted of committing the offense
269	described in this paragraph
270	2.  to a mandatory minimum sentence of 10 years'
271	imprisonment, if the pecuniary benefit, the value of the
272	services received, the payment sought to be avoided, or the
273	amount of the injury or fraud perpetrated is $100,000 or more or
274	if the person fraudulently uses the personal identification
275	information of 30 or more individuals without their consent.
276	(3)  Neither paragraph (2)(b) nor paragraph (2)(c) prevents
277	a court from imposing a greater sentence of incarceration as
278	authorized by law. If the minimum mandatory terms of
279	imprisonment imposed under paragraph (2)(b) or paragraph (2)(c)
280	exceed the maximum sentences authorized under s. 775.082, s.
281	775.084, or the Criminal Punishment Code under chapter 921, the
282	mandatory minimum sentence must be imposed. If the mandatory
283	minimum terms of imprisonment under paragraph (2)(b) or
284	paragraph (2)(c) are less than the sentence that could be
285	imposed under s. 775.082, s. 775.084, or the Criminal Punishment
286	Code under chapter 921, the sentence imposed by the court must
287	include the mandatory minimum term of imprisonment as required
288	by paragraph (2)(b) or paragraph (2)(c).
289	(4)  Any person who willfully and without authorization
290	possesses, uses, or attempts to use personal identification
291	information concerning an individual without first obtaining
292	that individual's consent, and who does so for the purpose of
293	harassing that individual, commits the offense of harassment by
294	use of personal identification information, which is a
295	misdemeanor of the first degree, punishable as provided in s.
296	775.082 or s. 775.083.
297	(5)  Any person who willfully and without authorization
298	discloses, sells, or transfers, or attempts to disclose, sell,
299	or transfer, personal identification information concerning an
300	individual, including personal identification information sent
301	to a foreign country, without first obtaining that individual's
302	consent, commits the offense of fraudulent disclosure, sale, or
303	transfer of personal identification information, a felony of the
304	third degree, punishable as provided in s. 775.082, s. 775.083,
305	or s. 775.084.
306	(6)(5)  If an offense prohibited under this section was
307	facilitated or furthered by the use of a public record, as
308	defined in s. 119.011, the offense is reclassified to the next
309	higher degree as follows:
310	(a)  A misdemeanor of the first degree is reclassified as a
311	felony of the third degree.
312	(b)  A felony of the third degree is reclassified as a
313	felony of the second degree.
314	(c)  A felony of the second degree is reclassified as a
315	felony of the first degree.
316
317	For purposes of sentencing under chapter 921 and incentive gain-
318	time eligibility under chapter 944, a felony offense that is
319	reclassified under this subsection is ranked one level above the
320	ranking under s. 921.0022 of the felony offense committed, and a
321	misdemeanor offense that is reclassified under this subsection
322	is ranked in level 2 of the offense severity ranking chart in s.
323	921.0022.
324	(7)(6)  Any person who willfully and without authorization
325	fraudulently uses personal identification information concerning
326	an individual who is less than 18 years of age without first
327	obtaining the consent of that individual or of his or her legal
328	guardian commits a felony of the second degree, punishable as
329	provided in s. 775.082, s. 775.083, or s. 775.084.
330	(8)(a)  Any person who willfully and fraudulently uses, or
331	possesses with intent to fraudulently use, personal
332	identification information concerning a deceased individual
333	commits the offense of fraudulent use or possession with intent
334	to use personal identification information of a deceased
335	individual, a felony of the third degree, punishable as provided
336	in s. 775.082, s. 775.083, or s. 775.084.
337	(b)  Any person who willfully and fraudulently uses
338	personal identification information concerning a deceased
339	individual commits a felony of the second degree, punishable as
340	provided in s. 775.082, s. 775.083, or s. 775.084, if the
341	pecuniary benefit, the value of the services received, the
342	payment sought to be avoided, or the amount of injury or fraud
343	perpetrated is $5,000 or more, or if the person fraudulently
344	uses the personal identification information of 10 or more but
345	fewer than 20 deceased individuals. Notwithstanding any other
346	provision of law, the court shall sentence any person convicted
347	of committing the offense described in this paragraph to a
348	mandatory minimum sentence of 3 years' imprisonment.
349	(c)  Any person who willfully and fraudulently uses
350	personal identification information concerning a deceased
351	individual commits the offense of aggravated fraudulent use of
352	the personal identification information of multiple deceased
353	individuals, a felony of the first degree, punishable as
354	provided in s. 775.082, s. 775.083, or s. 775.084, if the
355	pecuniary benefit, the value of the services received, the
356	payment sought to be avoided, or the amount of injury or fraud
357	perpetrated is $50,000 or more, or if the person fraudulently
358	uses the personal identification information of 20 or more but
359	fewer than 30 deceased individuals. Notwithstanding any other
360	provision of law, the court shall sentence any person convicted
361	of the offense described in this paragraph to a minimum
362	mandatory sentence of 5 years' imprisonment. If the pecuniary
363	benefit, the value of the services received, the payment sought
364	to be avoided, or the amount of the injury or fraud perpetrated
365	is $100,000 or more, or if the person fraudulently uses the
366	personal identification information of 30 or more deceased
367	individuals, notwithstanding any other provision of law, the
368	court shall sentence any person convicted of an offense
369	described in this paragraph to a mandatory minimum sentence of
370	10 years' imprisonment.
371	(9)  Any person who willfully and fraudulently creates or
372	uses, or possesses with intent to fraudulently use, counterfeit
373	or fictitious personal identification information concerning a
374	fictitious individual, or concerning a real individual without
375	first obtaining that real individual's consent, with intent to
376	use such counterfeit or fictitious personal identification
377	information for the purpose of committing or facilitating the
378	commission of a fraud on another person, commits the offense of
379	fraudulent creation or use, or possession with intent to
380	fraudulently use, counterfeit or fictitious personal
381	identification information, a felony of the third degree,
382	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
383	(10)  Any person who commits an offense described in this
384	section and for the purpose of obtaining or using personal
385	identification information misrepresents himself or herself to
386	be a law enforcement officer; an employee or representative of a
387	bank, credit card company, credit counseling company, or credit
388	reporting agency; or any person who wrongfully represents that
389	he or she is seeking to assist the victim with a problem with
390	the victim's credit history shall have the offense reclassified
391	as follows:
392	(a)  In the case of a misdemeanor, the offense is
393	reclassified as a felony of the third degree.
394	(b)  In the case of a felony of the third degree, the
395	offense is reclassified as a felony of the second degree.
396	(c)  In the case of a felony of the second degree, the
397	offense is reclassified as a felony of the first degree.
398	(d)  In the case of a felony of the first degree or a
399	felony of the first degree punishable by a term of imprisonment
400	not exceeding life, the offense is reclassified as a life
401	felony.
402
403	For purposes of sentencing under chapter 921, a felony offense
404	that is reclassified under this subsection is ranked one level
405	above the ranking under s. 921.0022 or s. 921.0023 of the felony
406	offense committed, and a misdemeanor offense that is
407	reclassified under this subsection is ranked in level 2 of the
408	offense severity ranking chart.
409	(11)  The prosecutor may move the sentencing court to
410	reduce or suspend the sentence of any person who is convicted of
411	a violation of this section and who provides substantial
412	assistance in the identification, arrest, or conviction of any
413	of that person's accomplices, accessories, coconspirators, or
414	principals or of any other person engaged in fraudulent
415	possession or use of personal identification information. The
416	arresting agency shall be given an opportunity to be heard in
417	aggravation or mitigation in reference to any such motion. Upon
418	good cause shown, the motion may be filed and heard in camera.
419	The judge hearing the motion may reduce or suspend the sentence
420	if the judge finds that the defendant rendered such substantial
421	assistance.
422	(12)(7)  Any person who is in the relationship of parent or
423	legal guardian, or who otherwise exercises custodial authority
424	over an individual who is less than 18 years of age, who
425	willfully and fraudulently uses personal identification
426	information of that individual commits a felony of the second
427	degree, punishable as provided in s. 775.082, s. 775.083, or s.
428	775.084.
429	(13)(8)  This section does not prohibit any lawfully
430	authorized investigative, protective, or intelligence activity
431	of a law enforcement agency of this state or any of its
432	political subdivisions, of any other state or its political
433	subdivisions, or of the Federal Government or its political
434	subdivisions.
435	(14)(a)(9)(a)  In sentencing a defendant convicted of an
436	offense under this section, the court may order that the
437	defendant make restitution under pursuant to s. 775.089 to any
438	victim of the offense. In addition to the victim's out-of-pocket
439	costs, such restitution may include payment of any other costs,
440	including attorney's fees incurred by the victim in clearing the
441	victim's credit history or credit rating, or any costs incurred
442	in connection with any civil or administrative proceeding to
443	satisfy any debt, lien, or other obligation of the victim
444	arising as the result of the actions of the defendant.
445	(b)  The sentencing court may issue such orders as are
446	necessary to correct any public record that contains false
447	information given in violation of this section.
448	(15)(10)  Prosecutions for violations of this section may
449	be brought on behalf of the state by any state attorney or by
450	the statewide prosecutor.
451	(16)(11)  The Legislature finds that, in the absence of
452	evidence to the contrary, the location where a victim gives or
453	fails to give consent to the use of personal identification
454	information is the county where the victim generally resides.
455	(17)(12)  Notwithstanding any other provision of law, venue
456	for the prosecution and trial of violations of this section may
457	be commenced and maintained in any county in which an element of
458	the offense occurred, including the county where the victim
459	generally resides.
460	(18)(13)  A prosecution of an offense prohibited under
461	subsection (2), subsection (7)(6), or subsection (12)(7) must be
462	commenced within 3 years after the offense occurred. However, a
463	prosecution may be commenced within 1 year after discovery of
464	the offense by an aggrieved party, or by a person who has a
465	legal duty to represent the aggrieved party and who is not a
466	party to the offense, if such prosecution is commenced within 5
467	years after the violation occurred.
468	(19)  A person who violates any provision of this section
469	commits a deceptive and unfair trade practice in violation of
470	part II of chapter 501 and is subject to the penalties and
471	remedies provided for the violation, in addition to remedies
472	otherwise available for such conduct.
473	Section 3.  Paragraphs (h) and (i) of subsection (3) of
474	section 921.0022, Florida Statutes, are amended to read:
475	921.0022  Criminal Punishment Code; offense severity
476	ranking chart.--
477	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
478
479
	(h)  LEVEL 8
480
	316.193(3)(c)3.a. 2nd DUI manslaughter.
481
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
482
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
483
	499.0051(7) 1st Forgery of prescription or legend drug labels.
484
	499.0052 1st Trafficking in contraband legend drugs.
485
	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
486
	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
487
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
488
	777.03(2)(a) 1st Accessory after the fact, capital felony.
489
	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
490
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
491
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
492
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
493
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
494
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
495
	800.04(4) 2nd Lewd or lascivious battery.
496
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
497
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
498
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
499
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
500
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
501
	812.13(2)(b) 1st Robbery with a weapon.
502
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
503
	817.568(7)(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
504
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
505
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
506
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
507
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
508
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
509
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
510
	860.16 1st Aircraft piracy.
511
	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
512
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
513
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
514
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
515
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
516
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
517
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
518
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
519
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
520
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
521
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
522
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
523
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
524
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
525
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
526
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
527
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
528
	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
529
	(i)  LEVEL 9
530
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
531
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
532
	499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
533
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
534
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
535
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
536
	775.0844 1st Aggravated white collar crime.
537
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
538
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
539
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
540
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
541
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
542
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
543
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
544
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
545
	790.161 1st Attempted capital destructive device offense.
546
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
547
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
548
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
549
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
550
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
551
	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
552
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
553
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
554
	812.135(2)(b) 1st Home-invasion robbery with weapon.
555
	817.568(12)(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
556
	827.03(2) 1st Aggravated child abuse.
557
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
558
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
559
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
560
	893.135 1st Attempted capital trafficking offense.
561
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
562
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
563
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
564
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
565
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
566
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
567
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
568
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
569
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
570
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
571
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
572
573	Section 4.  This act shall take effect July  1, 2005.

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