Senate Bill sb0978
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Florida Senate - 2005 SB 978
By Senator Campbell
32-738-05 See HB 481
1 A bill to be entitled
2 An act relating to unlawful use of personal
3 identification information; creating s.
4 501.165, F.S.; providing definitions; providing
5 that using deception to obtain certain personal
6 identification information for commercial
7 solicitation purposes is a deceptive and unfair
8 trade practice in violation of part II of ch.
9 501, F.S.; providing remedies; prohibiting the
10 unauthorized disclosure, sale, or transfer of
11 personal identification information to a third
12 party; providing applicability; prohibiting a
13 health care business from terminating certain
14 relationships to avoid obtaining consent from a
15 consumer to disclose, sell, or transfer
16 personal identification information;
17 prohibiting a business entity or health care
18 business from discriminating against an
19 individual due to the individual's refusal to
20 give such consent; providing that disclosing,
21 selling, or transferring personal
22 identification information is a deceptive and
23 unfair trade practice in violation of part II
24 of ch. 501, F.S.; providing that an individual
25 whose property or person is injured may
26 institute a civil action for injunctive relief,
27 civil damages, and financial loss; providing
28 for attorney's fees; providing that a civil
29 action may be filed regardless of whether a
30 criminal prosecution has been or will be
31 instituted and that the rights and remedies are
1
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Florida Senate - 2005 SB 978
32-738-05 See HB 481
1 in addition to any other rights and remedies
2 provided by law; amending s. 817.568, F.S.;
3 including other information within the
4 definition of the term "personal identification
5 information"; defining the term "counterfeit or
6 fictitious personal identification
7 information"; revising criminal penalties
8 relating to the offense of fraudulently using,
9 or possessing with intent to fraudulently use,
10 personal identification information; providing
11 minimum mandatory terms of imprisonment;
12 providing that the willful and unauthorized
13 disclosure, sale, or transfer of, or the
14 attempt to disclose, sell, or transfer,
15 personal identification information under
16 specified circumstances is a felony of the
17 third degree; providing penalties; creating the
18 offenses of willfully and fraudulently using,
19 or possessing with intent to fraudulently use,
20 personal identification information concerning
21 a deceased individual; providing criminal
22 penalties; providing for minimum mandatory
23 terms of imprisonment; creating the offense of
24 willfully and fraudulently creating or using,
25 or possessing with intent to fraudulently use,
26 counterfeit or fictitious personal
27 identification information; providing criminal
28 penalties; providing for reclassification of
29 offenses under certain circumstances; providing
30 for reduction or suspension of sentences under
31 certain circumstances; providing that a
2
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Florida Senate - 2005 SB 978
32-738-05 See HB 481
1 violation of s. 817.568, F.S., is a deceptive
2 and unfair trade practice in violation of part
3 II of ch. 501, F.S.; providing remedies;
4 amending s. 921.0022, F.S.; conforming
5 provisions to changes made by the act;
6 providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 501.165, Florida Statutes, is
11 created to read:
12 501.165 Fraudulent use of personal identification
13 information.--
14 (1) As used in this section, the term:
15 (a) "Business entity" means a for-profit or
16 not-for-profit corporation, partnership, limited partnership,
17 proprietorship, firm, enterprise, franchise, association,
18 self-employed individual, or trust, whether fictitiously named
19 or not, doing business in this state, or a contractor or
20 subcontractor of such a business entity.
21 (b) "Health care business" means a business entity,
22 unit of local government, or political subdivision of the
23 state that collects or retains personally identifiable
24 information about individuals relating to health care,
25 including, but not limited to, hospitals or other facilities
26 that provide diagnostic, medical, surgical, or dental
27 treatment or care or chronic or rehabilitative care, health
28 maintenance organizations, medical partnerships, pharmacies,
29 emergency medical transportation companies, medical
30 transcription companies, banks and other business entities
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Florida Senate - 2005 SB 978
32-738-05 See HB 481
1 that collect or process medical billing information, and
2 subcontractors of a health care business.
3 (c) "Individual" means a single human being and does
4 not mean a firm, association of individuals, corporation,
5 partnership, joint venture, sole proprietorship, or any other
6 entity.
7 (d) "Personal identification information" means any
8 name or number that may be used, alone or in conjunction with
9 any other information, to identify a specific individual,
10 including:
11 1. A name, postal or e-mail address, social security
12 number, date of birth, driver's license or identification
13 number issued by a state or the Federal Government, telephone
14 number, mother's maiden name, alien registration number,
15 government passport number, employer or taxpayer
16 identification number, Medicaid or food stamp account number,
17 bank account number, credit card or debit card number, or
18 personal identification number or code assigned to the holder
19 of a debit card by the issuer to permit authorized electronic
20 use of the card;
21 2. Unique biometric data, such as a fingerprint, voice
22 print, retina or iris image, or other unique physical
23 representation;
24 3. A unique electronic identification number, address,
25 password, or routing code;
26 4. Medical records;
27 5. Telecommunication identifying information or an
28 access device; or
29 6. Any other number or information that can be used to
30 access an individual's financial resources.
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Florida Senate - 2005 SB 978
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1 (2) A person, business entity, or health care business
2 that intentionally uses deceptive practices or means to obtain
3 personal identification information and that uses it to engage
4 in commercial solicitation, or provides it to another person,
5 business entity, or health care business for purposes of
6 commercial solicitation, commits a deceptive and unfair trade
7 practice in violation of part II of this chapter, and is
8 subject to the penalties and remedies provided for such
9 violation, in addition to remedies otherwise available for
10 this conduct.
11 (3)(a) A person, business entity, or health care
12 business may not disclose, sell, or otherwise transfer to a
13 third party, including a branch, affiliate, subcontractor, or
14 unaffiliated third party located in a foreign country,
15 personal identification information concerning an individual
16 without first obtaining the express consent of that
17 individual.
18 (b) The prohibition set forth in paragraph (a) applies
19 to any individual who resides in this state at the time the
20 personal identification information is disclosed, sold,
21 transferred, or otherwise obtained.
22 (c) A health care business may not terminate an
23 existing relationship with a consumer of health care services
24 to avoid obtaining express consent from the consumer before
25 disclosing, selling, or otherwise transferring personal
26 identification information to a party located in a foreign
27 country.
28 (d) A business entity or health care business may not
29 discriminate against or deny an otherwise qualified individual
30 a product, service, or health care service because the
31 individual has previously refused to give express consent to
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Florida Senate - 2005 SB 978
32-738-05 See HB 481
1 the disclosure, sale, or transfer of personal identification
2 information to a party located in a foreign country.
3 (e) A person, business entity, or health care business
4 that violates any provision of this subsection commits a
5 deceptive and unfair trade practice in violation of part II of
6 this chapter and is subject to the penalties and remedies
7 provided for such violation in addition to remedies otherwise
8 available by law for this conduct.
9 (4)(a) An individual whose property or person is
10 injured by a violation of subsection (2) or subsection (3)
11 may:
12 1. Institute a civil action to enjoin and restrain
13 future acts that constitute a violation of subsection (2) or
14 subsection (3) and to recover for financial loss. Financial
15 loss under this section includes actual losses, lost wages,
16 attorney's fees, and other costs incurred by the individual in
17 correcting his or her credit history or credit rating or
18 incurred in connection with any criminal, civil, or
19 administrative proceeding brought against the individual
20 resulting from the misappropriation of the individual's
21 personal identification information.
22 2. Bring a civil action for damages in an amount of up
23 to $5,000 for each incident, or three times the amount of
24 actual damages, whichever amount is greater. The court, in an
25 action brought under this subsection, may award reasonable
26 attorney's fees to the prevailing party.
27 (b) The venue for a civil action brought under this
28 subsection shall be the county in which the plaintiff resides
29 or any county in which any part of the alleged violation of
30 subsection (2) or subsection (3) took place, regardless of
31 whether the defendant was ever actually present in that
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Florida Senate - 2005 SB 978
32-738-05 See HB 481
1 county. A civil action filed under this subsection must be
2 brought within 5 years after the violation occurred.
3 (c) A civil action may be filed under this subsection
4 regardless of whether a criminal prosecution has been or will
5 be instituted for the acts that are the subject of the civil
6 action. The rights and remedies provided by this subsection
7 are in addition to any other rights and remedies provided by
8 law.
9 Section 2. Section 817.568, Florida Statutes, is
10 amended to read:
11 817.568 Criminal use of personal identification
12 information.--
13 (1) As used in this section, the term:
14 (a) "Access device" means any card, plate, code,
15 account number, electronic serial number, mobile
16 identification number, personal identification number, or
17 other telecommunications service, equipment, or instrument
18 identifier, or other means of account access that can be used,
19 alone or in conjunction with another access device, to obtain
20 money, goods, services, or any other thing of value, or that
21 can be used to initiate a transfer of funds, other than a
22 transfer originated solely by paper instrument.
23 (b) "Authorization" means empowerment, permission, or
24 competence to act.
25 (c) "Harass" means to engage in conduct directed at a
26 specific person that is intended to cause substantial
27 emotional distress to such person and serves no legitimate
28 purpose. "Harass" does not mean to use personal identification
29 information for accepted commercial purposes. The term does
30 not include constitutionally protected conduct such as
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Florida Senate - 2005 SB 978
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1 organized protests or the use of personal identification
2 information for accepted commercial purposes.
3 (d) "Individual" means a single human being and does
4 not mean a firm, association of individuals, corporation,
5 partnership, joint venture, sole proprietorship, or any other
6 entity.
7 (e) "Person" means a "person" as defined in s.
8 1.01(3).
9 (f) "Personal identification information" means any
10 name or number that may be used, alone or in conjunction with
11 any other information, to identify a specific individual,
12 including any:
13 1. Name, postal or e-mail address, telephone number,
14 social security number, date of birth, mother's maiden name,
15 official state-issued or United States-issued driver's license
16 or identification number, alien registration number,
17 government passport number, employer or taxpayer
18 identification number, Medicaid or food stamp account number,
19 or bank account number, or credit or debit card number, or
20 personal identification number or code assigned to the holder
21 of a debit card by the issuer to permit authorized electronic
22 use of such card;
23 2. Unique biometric data, such as fingerprint, voice
24 print, retina or iris image, or other unique physical
25 representation;
26 3. Unique electronic identification number, address,
27 or routing code; or
28 4. Medical records;
29 5.4. Telecommunication identifying information or
30 access device; or.
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Florida Senate - 2005 SB 978
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1 6. Other number or information that can be used to
2 access a person's financial resources.
3 (g) "Counterfeit or fictitious personal identification
4 information" means any counterfeit, fictitious, or fabricated
5 information in the similitude of the data outlined in
6 paragraph (f) that, although not truthful or accurate, would
7 in context lead a reasonably prudent person to credit its
8 truthfulness and accuracy.
9 (2)(a) Any person who willfully and without
10 authorization fraudulently uses, or possesses with intent to
11 fraudulently use, personal identification information
12 concerning an individual without first obtaining that
13 individual's consent, commits the offense of fraudulent use of
14 personal identification information, which is a felony of the
15 third degree, punishable as provided in s. 775.082, s.
16 775.083, or s. 775.084.
17 (b) Any person who willfully and without authorization
18 fraudulently uses personal identification information
19 concerning an individual without first obtaining that
20 individual's consent commits a felony of the second degree,
21 punishable as provided in s. 775.082, s. 775.083, or s.
22 775.084, if the pecuniary benefit, the value of the services
23 received, the payment sought to be avoided, or the amount of
24 the injury or fraud perpetrated is $5,000 or more or if the
25 person fraudulently uses the personal identification
26 information of 10 or more individuals, but fewer than 20
27 individuals, without their consent. Notwithstanding any other
28 provision of law, the court shall sentence any person
29 convicted of committing the offense described in this
30 paragraph to a mandatory minimum sentence of 3 years'
31 imprisonment.
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Florida Senate - 2005 SB 978
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1 (c) Any person who willfully and without authorization
2 fraudulently uses personal identification information
3 concerning an individual without first obtaining that
4 individual's consent commits a felony of the first degree,
5 punishable as provided in s. 775.082, s. 775.083, or s.
6 775.084, if the pecuniary benefit, the value of the services
7 received, the payment sought to be avoided, or the amount of
8 the injury or fraud perpetrated is $50,000 or more or if the
9 person fraudulently uses the personal identification
10 information of 20 or more individuals, but fewer than 30
11 individuals, without their consent. Notwithstanding any other
12 provision of law, the court shall sentence any person
13 convicted of committing the offense described in this
14 paragraph:
15 1. to a mandatory minimum sentence of 5 years'
16 imprisonment. If the pecuniary benefit, the value of the
17 services received, the payment sought to be avoided, or the
18 amount of the injury or fraud perpetrated is $100,000 or more,
19 or if the person fraudulently uses the personal identification
20 information of 30 or more individuals without their consent,
21 notwithstanding any other provision of law, the court shall
22 sentence any person convicted of committing the offense
23 described in this paragraph
24 2. to a mandatory minimum sentence of 10 years'
25 imprisonment, if the pecuniary benefit, the value of the
26 services received, the payment sought to be avoided, or the
27 amount of the injury or fraud perpetrated is $100,000 or more
28 or if the person fraudulently uses the personal identification
29 information of 30 or more individuals without their consent.
30 (3) Neither paragraph (2)(b) nor paragraph (2)(c)
31 prevents a court from imposing a greater sentence of
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Florida Senate - 2005 SB 978
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1 incarceration as authorized by law. If the minimum mandatory
2 terms of imprisonment imposed under paragraph (2)(b) or
3 paragraph (2)(c) exceed the maximum sentences authorized under
4 s. 775.082, s. 775.084, or the Criminal Punishment Code under
5 chapter 921, the mandatory minimum sentence must be imposed.
6 If the mandatory minimum terms of imprisonment under paragraph
7 (2)(b) or paragraph (2)(c) are less than the sentence that
8 could be imposed under s. 775.082, s. 775.084, or the Criminal
9 Punishment Code under chapter 921, the sentence imposed by the
10 court must include the mandatory minimum term of imprisonment
11 as required by paragraph (2)(b) or paragraph (2)(c).
12 (4) Any person who willfully and without authorization
13 possesses, uses, or attempts to use personal identification
14 information concerning an individual without first obtaining
15 that individual's consent, and who does so for the purpose of
16 harassing that individual, commits the offense of harassment
17 by use of personal identification information, which is a
18 misdemeanor of the first degree, punishable as provided in s.
19 775.082 or s. 775.083.
20 (5) Any person who willfully and without authorization
21 discloses, sells, or transfers, or attempts to disclose, sell,
22 or transfer, personal identification information concerning an
23 individual, including personal identification information sent
24 to a foreign country, without first obtaining that
25 individual's consent, commits the offense of fraudulent
26 disclosure, sale, or transfer of personal identification
27 information, a felony of the third degree, punishable as
28 provided in s. 775.082, s. 775.083, or s. 775.084.
29 (6)(5) If an offense prohibited under this section was
30 facilitated or furthered by the use of a public record, as
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Florida Senate - 2005 SB 978
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1 defined in s. 119.011, the offense is reclassified to the next
2 higher degree as follows:
3 (a) A misdemeanor of the first degree is reclassified
4 as a felony of the third degree.
5 (b) A felony of the third degree is reclassified as a
6 felony of the second degree.
7 (c) A felony of the second degree is reclassified as a
8 felony of the first degree.
9
10 For purposes of sentencing under chapter 921 and incentive
11 gain-time eligibility under chapter 944, a felony offense that
12 is reclassified under this subsection is ranked one level
13 above the ranking under s. 921.0022 of the felony offense
14 committed, and a misdemeanor offense that is reclassified
15 under this subsection is ranked in level 2 of the offense
16 severity ranking chart in s. 921.0022.
17 (7)(6) Any person who willfully and without
18 authorization fraudulently uses personal identification
19 information concerning an individual who is less than 18 years
20 of age without first obtaining the consent of that individual
21 or of his or her legal guardian commits a felony of the second
22 degree, punishable as provided in s. 775.082, s. 775.083, or
23 s. 775.084.
24 (8)(a) Any person who willfully and fraudulently uses,
25 or possesses with intent to fraudulently use, personal
26 identification information concerning a deceased individual
27 commits the offense of fraudulent use or possession with
28 intent to use personal identification information of a
29 deceased individual, a felony of the third degree, punishable
30 as provided in s. 775.082, s. 775.083, or s. 775.084.
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Florida Senate - 2005 SB 978
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1 (b) Any person who willfully and fraudulently uses
2 personal identification information concerning a deceased
3 individual commits a felony of the second degree, punishable
4 as provided in s. 775.082, s. 775.083, or s. 775.084, if the
5 pecuniary benefit, the value of the services received, the
6 payment sought to be avoided, or the amount of injury or fraud
7 perpetrated is $5,000 or more, or if the person fraudulently
8 uses the personal identification information of 10 or more but
9 fewer than 20 deceased individuals. Notwithstanding any other
10 provision of law, the court shall sentence any person
11 convicted of committing the offense described in this
12 paragraph to a mandatory minimum sentence of 3 years'
13 imprisonment.
14 (c) Any person who willfully and fraudulently uses
15 personal identification information concerning a deceased
16 individual commits the offense of aggravated fraudulent use of
17 the personal identification information of multiple deceased
18 individuals, a felony of the first degree, punishable as
19 provided in s. 775.082, s. 775.083, or s. 775.084, if the
20 pecuniary benefit, the value of the services received, the
21 payment sought to be avoided, or the amount of injury or fraud
22 perpetrated is $50,000 or more, or if the person fraudulently
23 uses the personal identification information of 20 or more but
24 fewer than 30 deceased individuals. Notwithstanding any other
25 provision of law, the court shall sentence any person
26 convicted of the offense described in this paragraph to a
27 minimum mandatory sentence of 5 years' imprisonment. If the
28 pecuniary benefit, the value of the services received, the
29 payment sought to be avoided, or the amount of the injury or
30 fraud perpetrated is $100,000 or more, or if the person
31 fraudulently uses the personal identification information of
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Florida Senate - 2005 SB 978
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1 30 or more deceased individuals, notwithstanding any other
2 provision of law, the court shall sentence any person
3 convicted of an offense described in this paragraph to a
4 mandatory minimum sentence of 10 years' imprisonment.
5 (9) Any person who willfully and fraudulently creates
6 or uses, or possesses with intent to fraudulently use,
7 counterfeit or fictitious personal identification information
8 concerning a fictitious individual, or concerning a real
9 individual without first obtaining that real individual's
10 consent, with intent to use such counterfeit or fictitious
11 personal identification information for the purpose of
12 committing or facilitating the commission of a fraud on
13 another person, commits the offense of fraudulent creation or
14 use, or possession with intent to fraudulently use,
15 counterfeit or fictitious personal identification information,
16 a felony of the third degree, punishable as provided in s.
17 775.082, s. 775.083, or s. 775.084.
18 (10) Any person who commits an offense described in
19 this section and for the purpose of obtaining or using
20 personal identification information misrepresents himself or
21 herself to be a law enforcement officer; an employee or
22 representative of a bank, credit card company, credit
23 counseling company, or credit reporting agency; or any person
24 who wrongfully represents that he or she is seeking to assist
25 the victim with a problem with the victim's credit history
26 shall have the offense reclassified as follows:
27 (a) In the case of a misdemeanor, the offense is
28 reclassified as a felony of the third degree.
29 (b) In the case of a felony of the third degree, the
30 offense is reclassified as a felony of the second degree.
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Florida Senate - 2005 SB 978
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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 any person who is convicted
16 of 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)(7) Any person who is in the relationship of
28 parent or legal guardian, or who otherwise exercises custodial
29 authority over an individual who is less than 18 years of age,
30 who willfully and fraudulently uses personal identification
31 information of that individual commits a felony of the second
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Florida Senate - 2005 SB 978
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1 degree, punishable as provided in s. 775.082, s. 775.083, or
2 s. 775.084.
3 (13)(8) This section does not prohibit any lawfully
4 authorized investigative, protective, or intelligence activity
5 of a law enforcement agency of this state or any of its
6 political subdivisions, of any other state or its political
7 subdivisions, or of the Federal Government or its political
8 subdivisions.
9 (14)(a)(9)(a) In sentencing a defendant convicted of
10 an offense under this section, the court may order that the
11 defendant make restitution under pursuant to s. 775.089 to any
12 victim of the offense. In addition to the victim's
13 out-of-pocket costs, such restitution may include payment of
14 any other costs, including attorney's fees incurred by the
15 victim in clearing the victim's credit history or credit
16 rating, or any costs incurred in connection with any civil or
17 administrative proceeding to satisfy any debt, lien, or other
18 obligation of the victim arising as the result of the actions
19 of the defendant.
20 (b) The sentencing court may issue such orders as are
21 necessary to correct any public record that contains false
22 information given in violation of this section.
23 (15)(10) Prosecutions for violations of this section
24 may be brought on behalf of the state by any state attorney or
25 by the statewide prosecutor.
26 (16)(11) The Legislature finds that, in the absence of
27 evidence to the contrary, the location where a victim gives or
28 fails to give consent to the use of personal identification
29 information is the county where the victim generally resides.
30 (17)(12) Notwithstanding any other provision of law,
31 venue for the prosecution and trial of violations of this
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Florida Senate - 2005 SB 978
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1 section may be commenced and maintained in any county in which
2 an element of the offense occurred, including the county where
3 the victim generally resides.
4 (18)(13) A prosecution of an offense prohibited under
5 subsection (2), subsection (7)(6), or subsection (12)(7) must
6 be commenced within 3 years after the offense occurred.
7 However, a prosecution may be commenced within 1 year after
8 discovery of the offense by an aggrieved party, or by a person
9 who has a legal duty to represent the aggrieved party and who
10 is not a party to the offense, if such prosecution is
11 commenced within 5 years after the violation occurred.
12 (19) A person who violates any provision of this
13 section commits a deceptive and unfair trade practice in
14 violation of part II of chapter 501 and is subject to the
15 penalties and remedies provided for the violation, in addition
16 to remedies otherwise available for such conduct.
17 Section 3. Paragraphs (h) and (i) of subsection (3) of
18 section 921.0022, Florida Statutes, are amended to read:
19 921.0022 Criminal Punishment Code; offense severity
20 ranking chart.--
21 (3) OFFENSE SEVERITY RANKING CHART
22
23 Florida Felony
24 Statute Degree Description
25
26
27 (h) LEVEL 8
28 316.193
29 (3)(c)3.a. 2nd DUI manslaughter.
30
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1 316.1935(4)(b) 1st Aggravated fleeing or attempted
2 eluding with serious bodily
3 injury or death.
4 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
5 499.0051(7) 1st Forgery of prescription or legend
6 drug labels.
7 499.0052 1st Trafficking in contraband legend
8 drugs.
9 560.123(8)(b)2. 2nd Failure to report currency or
10 payment instruments totaling or
11 exceeding $20,000, but less than
12 $100,000 by money transmitter.
13 560.125(5)(b) 2nd Money transmitter business by
14 unauthorized person, currency or
15 payment instruments totaling or
16 exceeding $20,000, but less than
17 $100,000.
18 655.50(10)(b)2. 2nd Failure to report financial
19 transactions totaling or
20 exceeding $20,000, but less than
21 $100,000 by financial
22 institutions.
23 777.03(2)(a) 1st Accessory after the fact, capital
24 felony.
25 782.04(4) 2nd Killing of human without design
26 when engaged in act or attempt of
27 any felony other than arson,
28 sexual battery, robbery,
29 burglary, kidnapping, aircraft
30 piracy, or unlawfully discharging
31 bomb.
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Florida Senate - 2005 SB 978
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1 782.051(2) 1st Attempted felony murder while
2 perpetrating or attempting to
3 perpetrate a felony not
4 enumerated in s. 782.04(3).
5 782.071(1)(b) 1st Committing vehicular homicide and
6 failing to render aid or give
7 information.
8 782.072(2) 1st Committing vessel homicide and
9 failing to render aid or give
10 information.
11 790.161(3) 1st Discharging a destructive device
12 which results in bodily harm or
13 property damage.
14 794.011(5) 2nd Sexual battery, victim 12 years
15 or over, offender does not use
16 physical force likely to cause
17 serious injury.
18 800.04(4) 2nd Lewd or lascivious battery.
19 806.01(1) 1st Maliciously damage dwelling or
20 structure by fire or explosive,
21 believing person in structure.
22 810.02(2)(a) 1st,PBL Burglary with assault or battery.
23 810.02(2)(b) 1st,PBL Burglary; armed with explosives
24 or dangerous weapon.
25 810.02(2)(c) 1st Burglary of a dwelling or
26 structure causing structural
27 damage or $1,000 or more property
28 damage.
29 812.014(2)(a)2. 1st Property stolen; cargo valued at
30 $50,000 or more, grand theft in
31 1st degree.
19
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Florida Senate - 2005 SB 978
32-738-05 See HB 481
1 812.13(2)(b) 1st Robbery with a weapon.
2 812.135(2)(c) 1st Home-invasion robbery, no
3 firearm, deadly weapon, or other
4 weapon.
5 817.568(7)(6) 2nd Fraudulent use of personal
6 identification information of an
7 individual under the age of 18.
8 825.102(2) 2nd Aggravated abuse of an elderly
9 person or disabled adult.
10 825.1025(2) 2nd Lewd or lascivious battery upon
11 an elderly person or disabled
12 adult.
13 825.103(2)(a) 1st Exploiting an elderly person or
14 disabled adult and property is
15 valued at $100,000 or more.
16 837.02(2) 2nd Perjury in official proceedings
17 relating to prosecution of a
18 capital felony.
19 837.021(2) 2nd Making contradictory statements
20 in official proceedings relating
21 to prosecution of a capital
22 felony.
23 860.121(2)(c) 1st Shooting at or throwing any
24 object in path of railroad
25 vehicle resulting in great bodily
26 harm.
27 860.16 1st Aircraft piracy.
28 893.13(1)(b) 1st Sell or deliver in excess of 10
29 grams of any substance specified
30 in s. 893.03(1)(a) or (b).
31
20
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Florida Senate - 2005 SB 978
32-738-05 See HB 481
1 893.13(2)(b) 1st Purchase in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.13(6)(c) 1st Possess in excess of 10 grams of
5 any substance specified in s.
6 893.03(1)(a) or (b).
7 893.135(1)(a)2. 1st Trafficking in cannabis, more
8 than 2,000 lbs., less than 10,000
9 lbs.
10 893.135
11 (1)(b)1.b. 1st Trafficking in cocaine, more than
12 200 grams, less than 400 grams.
13 893.135
14 (1)(c)1.b. 1st Trafficking in illegal drugs,
15 more than 14 grams, less than 28
16 grams.
17 893.135
18 (1)(d)1.b. 1st Trafficking in phencyclidine,
19 more than 200 grams, less than
20 400 grams.
21 893.135
22 (1)(e)1.b. 1st Trafficking in methaqualone, more
23 than 5 kilograms, less than 25
24 kilograms.
25 893.135
26 (1)(f)1.b. 1st Trafficking in amphetamine, more
27 than 28 grams, less than 200
28 grams.
29
30
31
21
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Florida Senate - 2005 SB 978
32-738-05 See HB 481
1 893.135
2 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
3 grams or more, less than 28
4 grams.
5 893.135
6 (1)(h)1.b. 1st Trafficking in
7 gamma-hydroxybutyric acid (GHB),
8 5 kilograms or more, less than 10
9 kilograms.
10 893.135
11 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
12 kilograms or more, less than 10
13 kilograms.
14 893.135
15 (1)(k)2.b. 1st Trafficking in Phenethylamines,
16 200 grams or more, less than 400
17 grams.
18 895.03(1) 1st Use or invest proceeds derived
19 from pattern of racketeering
20 activity.
21 895.03(2) 1st Acquire or maintain through
22 racketeering activity any
23 interest in or control of any
24 enterprise or real property.
25 895.03(3) 1st Conduct or participate in any
26 enterprise through pattern of
27 racketeering activity.
28 896.101(5)(b) 2nd Money laundering, financial
29 transactions totaling or
30 exceeding $20,000, but less than
31 $100,000.
22
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Florida Senate - 2005 SB 978
32-738-05 See HB 481
1 896.104(4)(a)2. 2nd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions totaling or
5 exceeding $20,000 but less than
6 $100,000.
7 (i) LEVEL 9
8 316.193
9 (3)(c)3.b. 1st DUI manslaughter; failing to
10 render aid or give information.
11 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
12 render aid or give information.
13 499.0053 1st Sale or purchase of contraband
14 legend drugs resulting in great
15 bodily harm.
16 560.123(8)(b)3. 1st Failure to report currency or
17 payment instruments totaling or
18 exceeding $100,000 by money
19 transmitter.
20 560.125(5)(c) 1st Money transmitter business by
21 unauthorized person, currency, or
22 payment instruments totaling or
23 exceeding $100,000.
24 655.50(10)(b)3. 1st Failure to report financial
25 transactions totaling or
26 exceeding $100,000 by financial
27 institution.
28 775.0844 1st Aggravated white collar crime.
29 782.04(1) 1st Attempt, conspire, or solicit to
30 commit premeditated murder.
31
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Florida Senate - 2005 SB 978
32-738-05 See HB 481
1 782.04(3) 1st,PBL Accomplice to murder in
2 connection with arson, sexual
3 battery, robbery, burglary, and
4 other specified felonies.
5 782.051(1) 1st Attempted felony murder while
6 perpetrating or attempting to
7 perpetrate a felony enumerated in
8 s. 782.04(3).
9 782.07(2) 1st Aggravated manslaughter of an
10 elderly person or disabled adult.
11 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
12 reward or as a shield or hostage.
13 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
14 or facilitate commission of any
15 felony.
16 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
17 interfere with performance of any
18 governmental or political
19 function.
20 787.02(3)(a) 1st False imprisonment; child under
21 age 13; perpetrator also commits
22 aggravated child abuse, sexual
23 battery, or lewd or lascivious
24 battery, molestation, conduct, or
25 exhibition.
26 790.161 1st Attempted capital destructive
27 device offense.
28 790.166(2) 1st,PBL Possessing, selling, using, or
29 attempting to use a weapon of
30 mass destruction.
31
24
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Florida Senate - 2005 SB 978
32-738-05 See HB 481
1 794.011(2) 1st Attempted sexual battery; victim
2 less than 12 years of age.
3 794.011(2) Life Sexual battery; offender younger
4 than 18 years and commits sexual
5 battery on a person less than 12
6 years.
7 794.011(4) 1st Sexual battery; victim 12 years
8 or older, certain circumstances.
9 794.011(8)(b) 1st Sexual battery; engage in sexual
10 conduct with minor 12 to 18 years
11 by person in familial or
12 custodial authority.
13 800.04(5)(b) 1st Lewd or lascivious molestation;
14 victim less than 12 years;
15 offender 18 years or older.
16 812.13(2)(a) 1st,PBL Robbery with firearm or other
17 deadly weapon.
18 812.133(2)(a) 1st,PBL Carjacking; firearm or other
19 deadly weapon.
20 812.135(2)(b) 1st Home-invasion robbery with
21 weapon.
22 817.568(12)(7) 2nd,PBL Fraudulent use of personal
23 identification information of an
24 individual under the age of 18 by
25 his or her parent, legal
26 guardian, or person exercising
27 custodial authority.
28 827.03(2) 1st Aggravated child abuse.
29 847.0145(1) 1st Selling, or otherwise
30 transferring custody or control,
31 of a minor.
25
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Florida Senate - 2005 SB 978
32-738-05 See HB 481
1 847.0145(2) 1st Purchasing, or otherwise
2 obtaining custody or control, of
3 a minor.
4 859.01 1st Poisoning or introducing
5 bacteria, radioactive materials,
6 viruses, or chemical compounds
7 into food, drink, medicine, or
8 water with intent to kill or
9 injure another person.
10 893.135 1st Attempted capital trafficking
11 offense.
12 893.135(1)(a)3. 1st Trafficking in cannabis, more
13 than 10,000 lbs.
14 893.135
15 (1)(b)1.c. 1st Trafficking in cocaine, more than
16 400 grams, less than 150
17 kilograms.
18 893.135
19 (1)(c)1.c. 1st Trafficking in illegal drugs,
20 more than 28 grams, less than 30
21 kilograms.
22 893.135
23 (1)(d)1.c. 1st Trafficking in phencyclidine,
24 more than 400 grams.
25 893.135
26 (1)(e)1.c. 1st Trafficking in methaqualone, more
27 than 25 kilograms.
28 893.135
29 (1)(f)1.c. 1st Trafficking in amphetamine, more
30 than 200 grams.
31
26
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Florida Senate - 2005 SB 978
32-738-05 See HB 481
1 893.135
2 (1)(h)1.c. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 10 kilograms or more.
5 893.135
6 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
7 kilograms or more.
8 893.135
9 (1)(k)2.c. 1st Trafficking in Phenethylamines,
10 400 grams or more.
11 896.101(5)(c) 1st Money laundering, financial
12 instruments totaling or exceeding
13 $100,000.
14 896.104(4)(a)3. 1st Structuring transactions to evade
15 reporting or registration
16 requirements, financial
17 transactions totaling or
18 exceeding $100,000.
19 Section 4. This act shall take effect July 1, 2005.
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