Senate Bill sb1964
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Florida Senate - 2006 SB 1964
By Senator Aronberg
27-1356A-06
1 A bill to be entitled
2 An act relating to personal identification
3 information; amending s. 817.568, F.S.;
4 providing that any person who willfully and
5 without authorization fraudulently uses
6 personal identification information concerning
7 an individual who is 65 years of age or older
8 without first obtaining the consent of the
9 individual or of his or her legal guardian
10 commits a felony of the second degree;
11 providing criminal penalties; providing that a
12 person who is in the relationship of adult
13 child or legal guardian, or who otherwise
14 exercises custodial authority over an
15 individual who is 65 years of age or older, who
16 willfully and fraudulently uses personal
17 identification information of that individual
18 commits a felony of the second degree;
19 providing criminal penalties; amending s.
20 921.0022, F.S.; conforming cross-references;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsections (6) and (7) of section 817.568,
26 Florida Statutes, are amended to read:
27 817.568 Criminal use of personal identification
28 information.--
29 (6)(a) Any person who willfully and without
30 authorization fraudulently uses personal identification
31 information concerning an individual who is less than 18 years
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Florida Senate - 2006 SB 1964
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1 of age without first obtaining the consent of that individual
2 or of his or her legal guardian commits a felony of the second
3 degree, punishable as provided in s. 775.082, s. 775.083, or
4 s. 775.084.
5 (b) Any person who willfully and without authorization
6 fraudulently uses personal identification information
7 concerning an individual who is 65 years of age or older
8 without first obtaining the consent of that individual or of
9 his or her legal guardian commits a felony of the second
10 degree, punishable as provided in s. 775.082, s. 775.083, or
11 s. 775.084.
12 (7)(a) Any person who is in the relationship of parent
13 or legal guardian, or who otherwise exercises custodial
14 authority over an individual who is less than 18 years of age,
15 who willfully and fraudulently uses personal identification
16 information of that individual commits a felony of the second
17 degree, punishable as provided in s. 775.082, s. 775.083, or
18 s. 775.084.
19 (b) Any person who is in the relationship of adult
20 child or legal guardian, or who otherwise exercises custodial
21 authority over an individual who is 65 years of age or older,
22 who willfully and fraudulently uses personal identification
23 information of that individual commits a felony of the second
24 degree, punishable as provided in s. 775.082, s. 775.083, or
25 s. 775.084.
26 Section 2. Paragraphs (h) and (i) of subsection (3) of
27 section 921.0022, Florida Statutes, are amended to read:
28 921.0022 Criminal Punishment Code; offense severity
29 ranking chart.--
30 (3) OFFENSE SEVERITY RANKING CHART
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Florida Senate - 2006 SB 1964
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1 Florida Felony
2 Statute Degree Description
3
4
5 (h) LEVEL 8
6 316.193
7 (3)(c)3.a. 2nd DUI manslaughter.
8 316.1935(4)(b) 1st Aggravated fleeing or attempted
9 eluding with serious bodily
10 injury or death.
11 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
12 499.0051(7) 1st Forgery of prescription or legend
13 drug labels.
14 499.0052 1st Trafficking in contraband legend
15 drugs.
16 560.123(8)(b)2. 2nd Failure to report currency or
17 payment instruments totaling or
18 exceeding $20,000, but less than
19 $100,000 by money transmitter.
20 560.125(5)(b) 2nd Money transmitter business by
21 unauthorized person, currency or
22 payment instruments totaling or
23 exceeding $20,000, but less than
24 $100,000.
25 655.50(10)(b)2. 2nd Failure to report financial
26 transactions totaling or
27 exceeding $20,000, but less than
28 $100,000 by financial
29 institutions.
30 777.03(2)(a) 1st Accessory after the fact, capital
31 felony.
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Florida Senate - 2006 SB 1964
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1 782.04(4) 2nd Killing of human without design
2 when engaged in act or attempt of
3 any felony other than arson,
4 sexual battery, robbery,
5 burglary, kidnapping, aircraft
6 piracy, or unlawfully discharging
7 bomb.
8 782.051(2) 1st Attempted felony murder while
9 perpetrating or attempting to
10 perpetrate a felony not
11 enumerated in s. 782.04(3).
12 782.071(1)(b) 1st Committing vehicular homicide and
13 failing to render aid or give
14 information.
15 782.072(2) 1st Committing vessel homicide and
16 failing to render aid or give
17 information.
18 790.161(3) 1st Discharging a destructive device
19 which results in bodily harm or
20 property damage.
21 794.011(5) 2nd Sexual battery, victim 12 years
22 or over, offender does not use
23 physical force likely to cause
24 serious injury.
25 800.04(4) 2nd Lewd or lascivious battery.
26 806.01(1) 1st Maliciously damage dwelling or
27 structure by fire or explosive,
28 believing person in structure.
29 810.02(2)(a) 1st,PBL Burglary with assault or battery.
30 810.02(2)(b) 1st,PBL Burglary; armed with explosives
31 or dangerous weapon.
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1 810.02(2)(c) 1st Burglary of a dwelling or
2 structure causing structural
3 damage or $1,000 or more property
4 damage.
5 812.014(2)(a)2. 1st Property stolen; cargo valued at
6 $50,000 or more, grand theft in
7 1st degree.
8 812.13(2)(b) 1st Robbery with a weapon.
9 812.135(2)(c) 1st Home-invasion robbery, no
10 firearm, deadly weapon, or other
11 weapon.
12 817.568(6)(a) 2nd Fraudulent use of personal
13 identification information of an
14 individual under the age of 18.
15 817.568(6)(b) 2nd Fraudulent use of personal
16 identification information of an
17 individual 65 years of age or
18 older.
19 825.102(2) 2nd Aggravated abuse of an elderly
20 person or disabled adult.
21 825.1025(2) 2nd Lewd or lascivious battery upon
22 an elderly person or disabled
23 adult.
24 825.103(2)(a) 1st Exploiting an elderly person or
25 disabled adult and property is
26 valued at $100,000 or more.
27 837.02(2) 2nd Perjury in official proceedings
28 relating to prosecution of a
29 capital felony.
30
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1 837.021(2) 2nd Making contradictory statements
2 in official proceedings relating
3 to prosecution of a capital
4 felony.
5 860.121(2)(c) 1st Shooting at or throwing any
6 object in path of railroad
7 vehicle resulting in great bodily
8 harm.
9 860.16 1st Aircraft piracy.
10 893.13(1)(b) 1st Sell or deliver in excess of 10
11 grams of any substance specified
12 in s. 893.03(1)(a) or (b).
13 893.13(2)(b) 1st Purchase in excess of 10 grams of
14 any substance specified in s.
15 893.03(1)(a) or (b).
16 893.13(6)(c) 1st Possess in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.135(1)(a)2. 1st Trafficking in cannabis, more
20 than 2,000 lbs., less than 10,000
21 lbs.
22 893.135
23 (1)(b)1.b. 1st Trafficking in cocaine, more than
24 200 grams, less than 400 grams.
25 893.135
26 (1)(c)1.b. 1st Trafficking in illegal drugs,
27 more than 14 grams, less than 28
28 grams.
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1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 893.135
18 (1)(h)1.b. 1st Trafficking in
19 gamma-hydroxybutyric acid (GHB),
20 5 kilograms or more, less than 10
21 kilograms.
22 893.135
23 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
24 kilograms or more, less than 10
25 kilograms.
26 893.135
27 (1)(k)2.b. 1st Trafficking in Phenethylamines,
28 200 grams or more, less than 400
29 grams.
30
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1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 896.101(5)(b) 2nd Money laundering, financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000.
15 896.104(4)(a)2. 2nd Structuring transactions to evade
16 reporting or registration
17 requirements, financial
18 transactions totaling or
19 exceeding $20,000 but less than
20 $100,000.
21 (i) LEVEL 9
22 316.193
23 (3)(c)3.b. 1st DUI manslaughter; failing to
24 render aid or give information.
25 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
26 render aid or give information.
27 499.00535 1st Sale or purchase of contraband
28 legend drugs resulting in great
29 bodily harm.
30
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1 560.123(8)(b)3. 1st Failure to report currency or
2 payment instruments totaling or
3 exceeding $100,000 by money
4 transmitter.
5 560.125(5)(c) 1st Money transmitter business by
6 unauthorized person, currency, or
7 payment instruments totaling or
8 exceeding $100,000.
9 655.50(10)(b)3. 1st Failure to report financial
10 transactions totaling or
11 exceeding $100,000 by financial
12 institution.
13 775.0844 1st Aggravated white collar crime.
14 782.04(1) 1st Attempt, conspire, or solicit to
15 commit premeditated murder.
16 782.04(3) 1st,PBL Accomplice to murder in
17 connection with arson, sexual
18 battery, robbery, burglary, and
19 other specified felonies.
20 782.051(1) 1st Attempted felony murder while
21 perpetrating or attempting to
22 perpetrate a felony enumerated in
23 s. 782.04(3).
24 782.07(2) 1st Aggravated manslaughter of an
25 elderly person or disabled adult.
26 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
27 reward or as a shield or hostage.
28 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
29 or facilitate commission of any
30 felony.
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1 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
2 interfere with performance of any
3 governmental or political
4 function.
5 787.02(3)(a) 1st False imprisonment; child under
6 age 13; perpetrator also commits
7 aggravated child abuse, sexual
8 battery, or lewd or lascivious
9 battery, molestation, conduct, or
10 exhibition.
11 790.161 1st Attempted capital destructive
12 device offense.
13 790.166(2) 1st,PBL Possessing, selling, using, or
14 attempting to use a weapon of
15 mass destruction.
16 794.011(2) 1st Attempted sexual battery; victim
17 less than 12 years of age.
18 794.011(2) Life Sexual battery; offender younger
19 than 18 years and commits sexual
20 battery on a person less than 12
21 years.
22 794.011(4) 1st Sexual battery; victim 12 years
23 or older, certain circumstances.
24 794.011(8)(b) 1st Sexual battery; engage in sexual
25 conduct with minor 12 to 18 years
26 by person in familial or
27 custodial authority.
28 800.04(5)(b) Life Lewd or lascivious molestation;
29 victim less than 12 years;
30 offender 18 years or older.
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1 812.13(2)(a) 1st,PBL Robbery with firearm or other
2 deadly weapon.
3 812.133(2)(a) 1st,PBL Carjacking; firearm or other
4 deadly weapon.
5 812.135(2)(b) 1st Home-invasion robbery with
6 weapon.
7 817.568(7)(a) 2nd,PBL Fraudulent use of personal
8 identification information of an
9 individual under the age of 18 by
10 his or her parent, legal
11 guardian, or person exercising
12 custodial authority.
13 817.568(7)(b) 2nd Fraudulent use of personal
14 identification information of an
15 individual 65 years of age or
16 older by his or her adult child,
17 legal guardian, or person
18 exercising custodial authority.
19 827.03(2) 1st Aggravated child abuse.
20 847.0145(1) 1st Selling, or otherwise
21 transferring custody or control,
22 of a minor.
23 847.0145(2) 1st Purchasing, or otherwise
24 obtaining custody or control, of
25 a minor.
26 859.01 1st Poisoning or introducing
27 bacteria, radioactive materials,
28 viruses, or chemical compounds
29 into food, drink, medicine, or
30 water with intent to kill or
31 injure another person.
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1 893.135 1st Attempted capital trafficking
2 offense.
3 893.135(1)(a)3. 1st Trafficking in cannabis, more
4 than 10,000 lbs.
5 893.135
6 (1)(b)1.c. 1st Trafficking in cocaine, more than
7 400 grams, less than 150
8 kilograms.
9 893.135
10 (1)(c)1.c. 1st Trafficking in illegal drugs,
11 more than 28 grams, less than 30
12 kilograms.
13 893.135
14 (1)(d)1.c. 1st Trafficking in phencyclidine,
15 more than 400 grams.
16 893.135
17 (1)(e)1.c. 1st Trafficking in methaqualone, more
18 than 25 kilograms.
19 893.135
20 (1)(f)1.c. 1st Trafficking in amphetamine, more
21 than 200 grams.
22 893.135
23 (1)(h)1.c. 1st Trafficking in
24 gamma-hydroxybutyric acid (GHB),
25 10 kilograms or more.
26 893.135
27 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
28 kilograms or more.
29 893.135
30 (1)(k)2.c. 1st Trafficking in Phenethylamines,
31 400 grams or more.
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1 896.101(5)(c) 1st Money laundering, financial
2 instruments totaling or exceeding
3 $100,000.
4 896.104(4)(a)3. 1st Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions totaling or
8 exceeding $100,000.
9 Section 3. This act shall take effect July 1, 2006.
10
11 *****************************************
12 SENATE SUMMARY
13 Provides that any person who willfully and without
authorization fraudulently uses personal identification
14 information concerning an individual who is 65 years of
age or older without first obtaining the consent of the
15 individual or of his or her legal guardian commits a
felony of the second degree. Provides that a person who
16 is in the relationship of adult child or legal guardian,
or who otherwise exercises custodial authority over an
17 individual who is 65 years of age or older, who willfully
and fraudulently uses personal identification information
18 of that individual commits a felony of the second degree.
Provides criminal penalties.
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