| 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 |
|
| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
|
| 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. |