1 | A bill to be entitled |
2 | An act relating to personal identification information; |
3 | amending s. 817.568, F.S.; providing an enhanced penalty |
4 | for certain uses of personal identification information |
5 | concerning an individual 65 years of age or older without |
6 | consent; creating s. 817.5682, F.S.; prohibiting willfully |
7 | possessing sensitive personal information of another |
8 | without that person's consent; providing definitions; |
9 | providing penalties; providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Subsections (8) through (17) of section |
14 | 817.568, Florida Statutes, are renumbered as subsections (9) |
15 | through (18), respectively, and a new subsection (8) is added to |
16 | that section, to read: |
17 | 817.568 Criminal use of personal identification |
18 | information.-- |
19 | (8) Any person who willfully and without authorization |
20 | fraudulently uses personal identification information concerning |
21 | an individual 65 years of age or older without first obtaining |
22 | the consent of that individual commits a felony of the first |
23 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
24 | 775.084. |
25 | Section 2. Section 817.5682, Florida Statutes, is created |
26 | to read: |
27 | 817.5682 Possession of sensitive personal information.-- |
28 | (1) As used in this section, the term: |
29 | (a) "Individual" means a single human being and does not |
30 | mean a firm, association of individuals, corporation, |
31 | partnership, joint venture, sole proprietorship, or any other |
32 | entity. |
33 | (b) "Sensitive personal information" means any name or |
34 | number that may be used, alone or in conjunction with any other |
35 | information, to identify a specific individual, including any |
36 | alien registration number, government passport number, employer |
37 | or taxpayer identification number, Medicaid or food stamp |
38 | account number, bank account number, credit or debit card |
39 | number, or unique biometric data, such as fingerprint, voice |
40 | print, retina or iris image, or other unique physical |
41 | representation. |
42 | (2) Any person who willfully possesses sensitive personal |
43 | information concerning an individual without first obtaining |
44 | that individual's consent commits a felony of the third degree, |
45 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
46 | Section 3. This act shall take effect October 1, 2007. |