Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 978
                        Barcode 173482
                            CHAMBER ACTION
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11  The Committee on Commerce and Consumer Services (Aronberg)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 817.568, Florida Statutes, is
19  amended to read:
20         817.568  Criminal use of personal identification
21  information.--
22         (1)  As used in this section, the term:
23         (a)  "Access device" means any card, plate, code,
24  account number, electronic serial number, mobile
25  identification number, personal identification number, or
26  other telecommunications service, equipment, or instrument
27  identifier, or other means of account access that can be used,
28  alone or in conjunction with another access device, to obtain
29  money, goods, services, or any other thing of value, or that
30  can be used to initiate a transfer of funds, other than a
31  transfer originated solely by paper instrument.
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 (b) "Authorization" means empowerment, permission, or 2 competence to act. 3 (c) "Harass" means to engage in conduct directed at a 4 specific person that is intended to cause substantial 5 emotional distress to such person and serves no legitimate 6 purpose. "Harass" does not mean to use personal identification 7 information for accepted commercial purposes. The term does 8 not include constitutionally protected conduct such as 9 organized protests or the use of personal identification 10 information for accepted commercial purposes. 11 (d) "Individual" means a single human being and does 12 not mean a firm, association of individuals, corporation, 13 partnership, joint venture, sole proprietorship, or any other 14 entity. 15 (e) "Person" means a "person" as defined in s. 16 1.01(3). 17 (f) "Personal identification information" means any 18 name or number that may be used, alone or in conjunction with 19 any other information, to identify a specific individual, 20 including any: 21 1. Name, postal or electronic mail address, telephone 22 number, social security number, date of birth, mother's maiden 23 name, official state-issued or United States-issued driver's 24 license or identification number, alien registration number, 25 government passport number, employer or taxpayer 26 identification number, Medicaid or food stamp account number, 27 or bank account number, or credit or debit card number, or 28 personal identification number or code assigned to the holder 29 of a debit card by the issuer to permit authorized electronic 30 use of such card; 31 2. Unique biometric data, such as fingerprint, voice 2 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 print, retina or iris image, or other unique physical 2 representation; 3 3. Unique electronic identification number, address, 4 or routing code; or 5 4. Medical records; 6 5.4. Telecommunication identifying information or 7 access device; or. 8 6. Other number or information that can be used to 9 access a person's financial resources. 10 (g) "Counterfeit or fictitious personal identification 11 information" means any counterfeit, fictitious, or fabricated 12 information in the similitude of the data outlined in 13 paragraph (f) which, although not truthful or accurate, would 14 in context lead a reasonably prudent person to credit its 15 truthfulness and accuracy. 16 (2)(a) Any person who willfully and without 17 authorization fraudulently uses, or possesses with intent to 18 fraudulently use, personal identification information 19 concerning an individual without first obtaining that 20 individual's consent, commits the offense of fraudulent use of 21 personal identification information, which is a felony of the 22 third degree, punishable as provided in s. 775.082, s. 23 775.083, or s. 775.084. 24 (b) Any person who willfully and without authorization 25 fraudulently uses personal identification information 26 concerning an individual without first obtaining that 27 individual's consent commits a felony of the second degree, 28 punishable as provided in s. 775.082, s. 775.083, or s. 29 775.084, if the pecuniary benefit, the value of the services 30 received, the payment sought to be avoided, or the amount of 31 the injury or fraud perpetrated is $5,000 or more or if the 3 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 person fraudulently uses the personal identification 2 information of 10 or more individuals, but fewer than 20 3 individuals, without their consent. Notwithstanding any other 4 provision of law, the court shall sentence any person 5 convicted of committing the offense described in this 6 paragraph to a mandatory minimum sentence of 3 years' 7 imprisonment. 8 (c) Any person who willfully and without authorization 9 fraudulently uses personal identification information 10 concerning an individual without first obtaining that 11 individual's consent commits a felony of the first degree, 12 punishable as provided in s. 775.082, s. 775.083, or s. 13 775.084, if the pecuniary benefit, the value of the services 14 received, the payment sought to be avoided, or the amount of 15 the injury or fraud perpetrated is $50,000 or more or if the 16 person fraudulently uses the personal identification 17 information of 20 or more individuals, but fewer than 30 18 individuals, without their consent. Notwithstanding any other 19 provision of law, the court shall sentence any person 20 convicted of committing the offense described in this 21 paragraph: 22 1. to a mandatory minimum sentence of 5 years' 23 imprisonment. If the pecuniary benefit, the value of the 24 services received, the payment sought to be avoided, or the 25 amount of the injury or fraud perpetrated is $100,000 or more, 26 or if the person fraudulently uses the personal identification 27 information of 30 or more individuals without their consent, 28 notwithstanding any other provision of law, the court shall 29 sentence any person convicted of committing the offense 30 described in this paragraph 31 2. to a mandatory minimum sentence of 10 years' 4 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 imprisonment, if the pecuniary benefit, the value of the 2 services received, the payment sought to be avoided, or the 3 amount of the injury or fraud perpetrated is $100,000 or more 4 or if the person fraudulently uses the personal identification 5 information of 30 or more individuals without their consent. 6 (3) Neither paragraph (2)(b) nor paragraph (2)(c) 7 prevents a court from imposing a greater sentence of 8 incarceration as authorized by law. If the minimum mandatory 9 terms of imprisonment imposed under paragraph (2)(b) or 10 paragraph (2)(c) exceed the maximum sentences authorized under 11 s. 775.082, s. 775.084, or the Criminal Punishment Code under 12 chapter 921, the mandatory minimum sentence must be imposed. 13 If the mandatory minimum terms of imprisonment under paragraph 14 (2)(b) or paragraph (2)(c) are less than the sentence that 15 could be imposed under s. 775.082, s. 775.084, or the Criminal 16 Punishment Code under chapter 921, the sentence imposed by the 17 court must include the mandatory minimum term of imprisonment 18 as required by paragraph (2)(b) or paragraph (2)(c). 19 (4) Any person who willfully and without authorization 20 possesses, uses, or attempts to use personal identification 21 information concerning an individual without first obtaining 22 that individual's consent, and who does so for the purpose of 23 harassing that individual, commits the offense of harassment 24 by use of personal identification information, which is a 25 misdemeanor of the first degree, punishable as provided in s. 26 775.082 or s. 775.083. 27 (5) If an offense prohibited under this section was 28 facilitated or furthered by the use of a public record, as 29 defined in s. 119.011, the offense is reclassified to the next 30 higher degree as follows: 31 (a) A misdemeanor of the first degree is reclassified 5 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 as a felony of the third degree. 2 (b) A felony of the third degree is reclassified as a 3 felony of the second degree. 4 (c) A felony of the second degree is reclassified as a 5 felony of the first degree. 6 7 For purposes of sentencing under chapter 921 and incentive 8 gain-time eligibility under chapter 944, a felony offense that 9 is reclassified under this subsection is ranked one level 10 above the ranking under s. 921.0022 of the felony offense 11 committed, and a misdemeanor offense that is reclassified 12 under this subsection is ranked in level 2 of the offense 13 severity ranking chart in s. 921.0022. 14 (6) Any person who willfully and without authorization 15 fraudulently uses personal identification information 16 concerning an individual who is less than 18 years of age 17 without first obtaining the consent of that individual or of 18 his or her legal guardian commits a felony of the second 19 degree, punishable as provided in s. 775.082, s. 775.083, or 20 s. 775.084. 21 (7) Any person who is in the relationship of parent or 22 legal guardian, or who otherwise exercises custodial authority 23 over an individual who is less than 18 years of age, who 24 willfully and fraudulently uses personal identification 25 information of that individual commits a felony of the second 26 degree, punishable as provided in s. 775.082, s. 775.083, or 27 s. 775.084. 28 (8)(a) Any person who willfully and fraudulently uses, 29 or possesses with intent to fraudulently use, personal 30 identification information concerning a deceased individual 31 commits the offense of fraudulent use or possession with 6 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 intent to use personal identification information of a 2 deceased individual, a felony of the third degree, punishable 3 as provided in s. 775.082, s. 775.083, or s. 775.084. 4 (b) Any person who willfully and fraudulently uses 5 personal identification information concerning a deceased 6 individual commits a felony of the second degree, punishable 7 as provided in s. 775.082, s. 775.083, or s. 775.084, if the 8 pecuniary benefit, the value of the services received, the 9 payment sought to be avoided, or the amount of injury or fraud 10 perpetrated is $5,000 or more, or if the person fraudulently 11 uses the personal identification information of 10 or more but 12 fewer than 20 deceased individuals. Notwithstanding any other 13 provision of law, the court shall sentence any person 14 convicted of committing the offense described in this 15 paragraph to a mandatory minimum sentence of 3 years' 16 imprisonment. 17 (c) Any person who willfully and fraudulently uses 18 personal identification information concerning a deceased 19 individual commits the offense of aggravated fraudulent use of 20 the personal identification information of multiple deceased 21 individuals, a felony of the first degree, punishable as 22 provided in s. 775.082, s. 775.083, or s. 775.084, if the 23 pecuniary benefit, the value of the services received, the 24 payment sought to be avoided, or the amount of injury or fraud 25 perpetrated is $50,000 or more, or if the person fraudulently 26 uses the personal identification information of 20 or more but 27 fewer than 30 deceased individuals. Notwithstanding any other 28 provision of law, the court shall sentence any person 29 convicted of the offense described in this paragraph to a 30 minimum mandatory sentence of 5 years' imprisonment. If the 31 pecuniary benefit, the value of the services received, the 7 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 payment sought to be avoided, or the amount of the injury or 2 fraud perpetrated is $100,000 or more, or if the person 3 fraudulently uses the personal identification information of 4 30 or more deceased individuals, notwithstanding any other 5 provision of law, the court shall sentence any person 6 convicted of an offense described in this paragraph to a 7 mandatory minimum sentence of 10 years' imprisonment. 8 (9) Any person who willfully and fraudulently creates 9 or uses, or possesses with intent to fraudulently use, 10 counterfeit or fictitious personal identification information 11 concerning a fictitious individual, or concerning a real 12 individual without first obtaining that real individual's 13 consent, with intent to use such counterfeit or fictitious 14 personal identification information for the purpose of 15 committing or facilitating the commission of a fraud on 16 another person, commits the offense of fraudulent creation or 17 use, or possession with intent to fraudulently use, 18 counterfeit or fictitious personal identification information, 19 a felony of the third degree, punishable as provided in s. 20 775.082, s. 775.083, or s. 775.084. 21 (10) Any person who commits an offense described in 22 this section and for the purpose of obtaining or using 23 personal identification information misrepresents himself or 24 herself to be a law enforcement officer; an employee or 25 representative of a bank, credit card company, credit 26 counseling company, or credit reporting agency; or any person 27 who wrongfully represents that he or she is seeking to assist 28 the victim with a problem with the victim's credit history 29 shall have the offense reclassified as follows: 30 (a) In the case of a misdemeanor, the offense is 31 reclassified as a felony of the third degree. 8 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 (b) In the case of a felony of the third degree, the 2 offense is reclassified as a felony of the second degree. 3 (c) In the case of a felony of the second degree, the 4 offense is reclassified as a felony of the first degree. 5 (d) In the case of a felony of the first degree or a 6 felony of the first degree punishable by a term of 7 imprisonment not exceeding life, the offense is reclassified 8 as a life felony. 9 10 For purposes of sentencing under chapter 921, a felony offense 11 that is reclassified under this subsection is ranked one level 12 above the ranking under s. 921.0022 or s. 921.0023 of the 13 felony offense committed, and a misdemeanor offense that is 14 reclassified under this subsection is ranked in level 2 of the 15 offense severity ranking chart. 16 (11) The prosecutor may move the sentencing court to 17 reduce or suspend the sentence of any person who is convicted 18 of a violation of this section and who provides substantial 19 assistance in the identification, arrest, or conviction of any 20 of that person's accomplices, accessories, coconspirators, or 21 principals or of any other person engaged in fraudulent 22 possession or use of personal identification information. The 23 arresting agency shall be given an opportunity to be heard in 24 aggravation or mitigation in reference to any such motion. 25 Upon good cause shown, the motion may be filed and heard in 26 camera. The judge hearing the motion may reduce or suspend the 27 sentence if the judge finds that the defendant rendered such 28 substantial assistance. 29 (12)(8) This section does not prohibit any lawfully 30 authorized investigative, protective, or intelligence activity 31 of a law enforcement agency of this state or any of its 9 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 political subdivisions, of any other state or its political 2 subdivisions, or of the Federal Government or its political 3 subdivisions. 4 (13)(9)(a) In sentencing a defendant convicted of an 5 offense under this section, the court may order that the 6 defendant make restitution under pursuant to s. 775.089 to any 7 victim of the offense. In addition to the victim's 8 out-of-pocket costs, such restitution may include payment of 9 any other costs, including attorney's fees incurred by the 10 victim in clearing the victim's credit history or credit 11 rating, or any costs incurred in connection with any civil or 12 administrative proceeding to satisfy any debt, lien, or other 13 obligation of the victim arising as the result of the actions 14 of the defendant. 15 (b) The sentencing court may issue such orders as are 16 necessary to correct any public record that contains false 17 information given in violation of this section. 18 (14)(10) Prosecutions for violations of this section 19 may be brought on behalf of the state by any state attorney or 20 by the statewide prosecutor. 21 (15)(11) The Legislature finds that, in the absence of 22 evidence to the contrary, the location where a victim gives or 23 fails to give consent to the use of personal identification 24 information is the county where the victim generally resides. 25 (16)(12) Notwithstanding any other provision of law, 26 venue for the prosecution and trial of violations of this 27 section may be commenced and maintained in any county in which 28 an element of the offense occurred, including the county where 29 the victim generally resides. 30 (17)(13) A prosecution of an offense prohibited under 31 subsection (2), subsection (6), or subsection (7) must be 10 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 commenced within 3 years after the offense occurred. However, 2 a prosecution may be commenced within 1 year after discovery 3 of the offense by an aggrieved party, or by a person who has a 4 legal duty to represent the aggrieved party and who is not a 5 party to the offense, if such prosecution is commenced within 6 5 years after the violation occurred. 7 Section 2. Section 817.5681, Florida Statutes, is 8 created to read: 9 817.5681 Breach of security concerning confidential 10 personal information in third-party possession; administrative 11 penalties.-- 12 (1)(a) Any person who conducts business in this state 13 and maintains computerized data in a system that includes 14 personal information shall provide notice of any breach of the 15 security of the system, following a determination of the 16 breach, to any resident of this state whose unencrypted 17 personal information was, or is reasonably believed to have 18 been, acquired by an unauthorized person. The notification 19 shall be made without unreasonable delay, consistent with the 20 legitimate needs of law enforcement, as provided in subsection 21 (3) and paragraph (10)(a), or subject to any measures 22 necessary to determine the presence, nature, and scope of the 23 breach and restore the reasonable integrity of the system. 24 Notification must be made no later than 45 days following the 25 determination of the breach unless otherwise provided in this 26 section. 27 (b) Any person required to make notification under 28 paragraph (a) who fails to do so within 45 days following the 29 determination of a breach or receipt of notice from law 30 enforcement as provided in subsection (3) is liable for an 31 administrative fine not to exceed $500,000, as follows: 11 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 1. In the amount of $1,000 for each day the breach 2 goes undisclosed for up to 30 days and, thereafter, $50,000 3 for each 30-day period or portion thereof for up to 180 days. 4 2. If notification is not made within 180 days, any 5 person required to make notification under paragraph (a) who 6 fails to do so is subject to an administrative fine of up to 7 $500,000. 8 (c) The administrative sanctions for failure to notify 9 provided in this subsection shall not apply in the case of 10 personal information in the custody of any governmental agency 11 or subdivision, unless that governmental agency or subdivision 12 has entered into a contract with a contractor or third-party 13 administrator to provide governmental services. In such case, 14 the contractor or third-party administrator shall be a person 15 to whom the administrative sanctions provided in this 16 subsection would apply, although such contractor or 17 third-party administrator found in violation of the 18 notification requirements provided in this subsection would 19 not have an action for contribution or set-off available 20 against the employing agency or subdivision. 21 (2)(a) Any person who maintains computerized data that 22 includes personal information on behalf of another business 23 entity shall disclose to the business entity for which the 24 information is maintained any breach of the security of the 25 system as soon as practicable, but no later than 10 days 26 following the determination, if the personal information was, 27 or is reasonably believed to have been, acquired by an 28 unauthorized person. The person who maintains the data on 29 behalf of another business entity and the business entity on 30 whose behalf the data is maintained may agree who will provide 31 the notice, if any is required, as provided in paragraph 12 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 (1)(a), provided only a single notice for each breach of the 2 security of the system shall be required. If agreement 3 regarding notification cannot be reached, the person who has 4 the direct business relationship with the resident of this 5 state shall be subject to the provisions of paragraph (1)(a). 6 (b) Any person required to disclose to a business 7 entity under paragraph (a) who fails to do so within 10 days 8 after the determination of a breach or receipt of notification 9 from law enforcement as provided in subsection (3) is liable 10 for an administrative fine not to exceed $500,000, as follows: 11 1. In the amount of $1,000 for each day the breach 12 goes undisclosed for up to 30 days and, thereafter, $50,000 13 for each 30-day period or portion thereof for up to 180 days. 14 2. If disclosure is not made within 180 days, any 15 person required to make disclosures under paragraph (a) who 16 fails to do so is subject to an administrative fine of up to 17 $500,000. 18 (c) The administrative sanctions for nondisclosure 19 provided in this subsection shall not apply in the case of 20 personal information in the custody of any governmental agency 21 or subdivision unless that governmental agency or subdivision 22 has entered into a contract with a contractor or third-party 23 administrator to provide governmental services. In such case, 24 the contractor or third-party administrator shall be a person 25 to whom the administrative sanctions provided in this 26 subsection would apply, although such contractor or 27 third-party administrator found in violation of the 28 nondisclosure restrictions in this subsection would not have 29 an action for contribution or set-off available against the 30 employing agency or subdivision. 31 (3) The notification required by this section may be 13 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 delayed upon a request by law enforcement if a law enforcement 2 agency determines that the notification will impede a criminal 3 investigation. The notification time period required by this 4 section shall commence after the person receives notice from 5 the law enforcement agency that the notification will not 6 compromise the investigation. 7 (4) For purposes of this section, the terms "breach" 8 and "breach of the security of the system" mean unlawful and 9 unauthorized acquisition of computerized data that materially 10 compromises the security, confidentiality, or integrity of 11 personal information maintained by the person. Good faith 12 acquisition of personal information by an employee or agent of 13 the person is not a breach or breach of the security of the 14 system, provided the information is not used for a purpose 15 unrelated to the business or subject to further unauthorized 16 use. 17 (5) For purposes of this section, the term "personal 18 information" means an individual's first name, first initial 19 and last name, or any middle name and last name, in 20 combination with any one or more of the following data 21 elements when the data elements are not encrypted: 22 (a) Social security number. 23 (b) Driver's license number or Florida Identification 24 Card number. 25 (c) Account number, credit card number, or debit card 26 number, in combination with any required security code, access 27 code, or password that would permit access to an individual's 28 financial account. 29 30 For purposes of this section, the term "personal information" 31 does not include publicly available information that is 14 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 lawfully made available to the general public from federal, 2 state, or local government records or widely distributed 3 media. 4 (6) For purposes of this section, notice may be 5 provided by one of the following methods: 6 (a) Written notice; 7 (b) Electronic notice, if the notice provided is 8 consistent with the provisions regarding electronic records 9 and signatures set forth in 15 U.S.C. s. 7001; or 10 (c) Substitute notice, if the person demonstrates that 11 the cost of providing notice would exceed $250,000, the 12 affected class of subject persons to be notified exceeds 13 500,000, or the person does not have sufficient contact 14 information. Substitute notice shall consist of all of the 15 following: 16 1. Electronic mail or e-mail notice when the person 17 has an electronic mail or e-mail address for the subject 18 persons. 19 2. Conspicuous posting of the notice on the web page 20 of the person, if the person maintains a web page. 21 3. Notification to major statewide media. 22 (7) For purposes of this section, the term 23 "unauthorized person" means any person who does not have 24 permission from, or a password issued by, the person who 25 stores the computerized data to acquire such data, but does 26 not include any individual to whom the personal information 27 pertains. 28 (8) For purposes of this section, the term "person" 29 means a person as defined in s. 1.01(3). For purposes of this 30 section, the State of Florida, as well as any of its agencies 31 or political subdivisions, and any of the agencies of its 15 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 political subdivisions, constitutes a person. 2 (9) Notwithstanding subsection (6), a person who 3 maintains: 4 (a) The person's own notification procedures as part 5 of an information security or privacy policy for the treatment 6 of personal information, which procedures are otherwise 7 consistent with the timing requirements of this part; or 8 (b) A notification procedure pursuant to the rules, 9 regulations, procedures, or guidelines established by the 10 person's primary or functional federal regulator, 11 12 shall be deemed to be in compliance with the notification 13 requirements of this section if the person notifies subject 14 persons in accordance with the person's policies or the rules, 15 regulations, procedures, or guidelines established by the 16 primary or functional federal regulator in the event of a 17 breach of security of the system. 18 (10)(a) Notwithstanding subsection (2), notification 19 is not required if, after an appropriate investigation and 20 after consultation with relevant federal, state, and local 21 agencies responsible for law enforcement, the person 22 reasonably determines that the breach has not and will not 23 likely result in harm to the individuals whose personal 24 information has been acquired and accessed. Such a 25 determination must be documented in writing and the 26 documentation must be maintained for 5 years. 27 (b) Any person required to document a failure to 28 notify affected persons who fails to document the failure as 29 required in this subsection or who, if documentation was 30 created, fails to maintain the documentation for the full 5 31 years as required in this subsection is liable for an 16 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 administrative fine in the amount of up to $50,000 for such 2 failure. 3 (c) The administrative sanctions outlined in this 4 subsection shall not apply in the case of personal information 5 in the custody of any governmental agency or subdivision, 6 unless that governmental agency or subdivision has entered 7 into a contract with a contractor or third-party administrator 8 to provide governmental services. In such case the contractor 9 or third-party administrator shall be a person to whom the 10 administrative sanctions outlined in this subsection would 11 apply, although such contractor or third-party administrator 12 found in violation of the documentation and maintenance of 13 documentation requirements in this subsection would not have 14 an action for contribution or set-off available against the 15 employing agency or subdivision. 16 (11) The Department of Legal Affairs may institute 17 proceedings to assess and collect the fines provided in this 18 section. 19 Section 3. This act shall take effect July 1, 2005. 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 Delete everything before the enacting clause 25 26 and insert: 27 A bill to be entitled 28 An act relating to unlawful use of personal 29 identification information; amending s. 30 817.568, F.S.; including other information 31 within the definition of the term "personal 17 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 identification information"; defining the term 2 "counterfeit or fictitious personal 3 identification information"; revising criminal 4 penalties relating to the offense of 5 fraudulently using, or possessing with intent 6 to fraudulently use, personal identification 7 information; providing minimum mandatory terms 8 of imprisonment; creating the offenses of 9 willfully and fraudulently using, or possessing 10 with intent to fraudulently use, personal 11 identification information concerning a 12 deceased individual; providing criminal 13 penalties; providing for minimum mandatory 14 terms of imprisonment; creating the offense of 15 willfully and fraudulently creating or using, 16 or possessing with intent to fraudulently use, 17 counterfeit or fictitious personal 18 identification information; providing criminal 19 penalties; providing for reclassification of 20 offenses under certain circumstances; providing 21 for reduction or suspension of sentences under 22 certain circumstances; creating s. 817.5681, 23 F.S.; requiring business persons maintaining 24 computerized data that includes personal 25 information to provide notice of breaches of 26 system security under certain circumstances; 27 providing requirements; providing for 28 administrative fines; providing exceptions and 29 limitations; authorizing delays of such 30 disclosures under certain circumstances; 31 providing definitions; providing for 18 3:57 PM 04/22/05 s0978c1c-cm27-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 978 Barcode 173482 1 alternative notice methods; specifying 2 conditions of compliance for persons 3 maintaining certain alternative notification 4 procedures; specifying conditions under which 5 notification is not required; providing 6 requirements for documentation and maintenance 7 of documentation; providing an administrative 8 fine for failing to document certain failures 9 to comply; providing for application of 10 administrative sanctions to certain persons 11 under certain circumstances; authorizing the 12 Department of Legal Affairs to institute 13 proceedings to assess and collect fines; 14 providing an effective date. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 19 3:57 PM 04/22/05 s0978c1c-cm27-j01