HB 1577

1
A bill to be entitled
2An act relating to personal identification information;
3amending s. 817.568, F.S.; providing that any person who
4willfully and without authorization fraudulently uses
5personal identification information concerning an
6individual who is 65 years of age or older without first
7obtaining the consent of the individual or of his or her
8legal guardian commits a felony of the second degree;
9providing criminal penalties; providing that a person who
10is in the relationship of adult child or legal guardian,
11or who otherwise exercises custodial authority over an
12individual who is 65 years of age or older, who willfully
13and fraudulently uses personal identification information
14of that individual commits a felony of the second degree;
15providing criminal penalties; amending s. 921.0022, F.S.;
16conforming cross-references; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsections (6) and (7) of section 817.568,
21Florida Statutes, are amended to read:
22     817.568  Criminal use of personal identification
23information.--
24     (6)(a)  Any person who willfully and without authorization
25fraudulently uses personal identification information concerning
26an individual who is less than 18 years of age without first
27obtaining the consent of that individual or of his or her legal
28guardian commits a felony of the second degree, punishable as
29provided in s. 775.082, s. 775.083, or s. 775.084.
30     (b)  Any person who willfully and without authorization
31fraudulently uses personal identification information concerning
32an individual who is 65 years of age or older without first
33obtaining the consent of that individual or of his or her legal
34guardian commits a felony of the second degree, punishable as
35provided in s. 775.082, s. 775.083, or s. 775.084.
36     (7)(a)  Any person who is in the relationship of parent or
37legal guardian, or who otherwise exercises custodial authority
38over an individual who is less than 18 years of age, who
39willfully and fraudulently uses personal identification
40information of that individual commits a felony of the second
41degree, punishable as provided in s. 775.082, s. 775.083, or s.
42775.084.
43     (b)  Any person who is in the relationship of adult child
44or legal guardian, or who otherwise exercises custodial
45authority over an individual who is 65 years of age or older,
46who willfully and fraudulently uses personal identification
47information of that individual commits a felony of the second
48degree, punishable as provided in s. 775.082, s. 775.083, or s.
49775.084.
50     Section 2.  Paragraphs (h) and (i) of subsection (3) of
51section 921.0022, Florida Statutes, are amended to read:
52     921.0022  Criminal Punishment Code; offense severity
53ranking chart.--
54     (3)  OFFENSE SEVERITY RANKING CHART
 
FloridaStatute Felony DegreeDescription
55
 


(h) LEVEL 8
56
 
316.193(3)(c)3.a. 2nd DUI manslaughter.
57
 
316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
58
 
327.35(3)(c)3. 2nd Vessel BUI manslaughter.
59
 
499.0051(7) 1st Forgery of prescription or legend drug labels.
60
 
499.0052 1st Trafficking in contraband legend drugs.
61
 
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.
62
 
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.
63
 
655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
64
 
777.03(2)(a) 1st Accessory after the fact, capital felony.
65
 
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.
66
 
782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
67
 
782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
68
 
782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
69
 
790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
70
 
794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
71
 
800.04(4) 2nd Lewd or lascivious battery.
72
 
806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
73
 
810.02(2)(a) 1st,PBL Burglary with assault or battery.
74
 
810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
75
 
810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
76
 
812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
77
 
812.13(2)(b) 1st Robbery with a weapon.
78
 
812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
79
 
817.568(6)(a) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
80
 
817.568(6)(b) 2nd Fraudulent use of personal identification information of an individual 65 years of age or older.
81
 
825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
82
 
825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
83
 
825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
84
 
837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
85
 
837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
86
 
860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
87
 
860.16 1st Aircraft piracy.
88
 
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).
89
 
893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
90
 
893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
91
 
893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
92
 
893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
93
 
893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
94
 
893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
95
 
893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
96
 
893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
97
 
893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
98
 
893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
99
 
893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
100
 
893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
101
 
895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
102
 
895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
103
 
895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
104
 
896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
105
 
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.
106
 


(i) LEVEL 9
107
 
316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
108
 
327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
109
 
499.00535 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
110
 
560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
111
 
560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
112
 
655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
113
 
775.0844 1st Aggravated white collar crime.
114
 
782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
115
 
782.04(3) 1st,PBL robbery, burglary, and other specified felonies.
116
 
782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
117
 
782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
118
 
787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
119
 
787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
120
 
787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
121
 
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.
122
 
790.161 1st Attempted capital destructive device offense.
123
 
790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
124
 
794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
125
 
794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
126
 
794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
127
 
794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
128
 
800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
129
 
812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
130
 
812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
131
 
812.135(2)(b) 1st Home-invasion robbery with weapon.
132
 
817.568(7)(a) 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.
133
 
817.568(7)(b) 2nd Fraudulent use of personal identification information of an individual 65 years of age or older by his or her adult child, legal guardian, or person exercising custodial authority.
134
 
827.03(2) 1st Aggravated child abuse.
135
 
847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
136
 
847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
137
 
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.
138
 
893.135 1st Attempted capital trafficking offense.
139
 
893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
140
 
893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
141
 
893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
142
 
893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
143
 
893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
144
 
893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
145
 
893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
146
 
893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
147
 
893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
148
 
896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
149
 
896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
150
151     Section 3.  This act shall take effect July 1, 2006.


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