Senate Bill sb2184

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 2184

    By Senator Fasano





    11-1703-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to criminal use of personal

  3         identification information; amending s.

  4         817.568, F.S.; providing an enhanced penalty

  5         for certain uses of personal identification

  6         information concerning an individual 65 years

  7         of age or older without consent; deleting

  8         fraudulent intent as an element of certain

  9         offenses involving personal identification

10         information; amending s. 921.0022, F.S.;

11         conforming the offense Severity Ranking Chart

12         of the Criminal Punishment Code; providing an

13         effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Subsections (8) through (17) of section

18  817.568, Florida Statutes, are renumbered as subsections (9)

19  through (18), respectively, paragraph (a) of subsection (2),

20  present paragraph (a) of subsection (8), and subsection (9) of

21  that section are amended, and a new subsection (8) is added to

22  that section, to read:

23         817.568  Criminal use of personal identification

24  information.--

25         (2)(a)  Any person who willfully and without

26  authorization fraudulently uses, or possesses with intent to

27  fraudulently use, personal identification information

28  concerning an individual without first obtaining that

29  individual's consent, commits the offense of fraudulent use of

30  personal identification information, which is a felony of the

31  

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    Florida Senate - 2007                                  SB 2184
    11-1703-07                                              See HB




 1  third degree, punishable as provided in s. 775.082, s.

 2  775.083, or s. 775.084.

 3         (8)  Any person who willfully and without authorization

 4  fraudulently uses personal identification information

 5  concerning an individual 65 years of age or older without

 6  first obtaining the consent of that individual commits a

 7  felony of the first degree, punishable as provided in s.

 8  775.082, s. 775.083, or s. 775.084.

 9         (9)(8)(a)  Any person who willfully and fraudulently

10  uses, or possesses with intent to fraudulently use, personal

11  identification information concerning a deceased individual

12  commits the offense of fraudulent use or possession of with

13  intent to use personal identification information of a

14  deceased individual, a felony of the third degree, punishable

15  as provided in s. 775.082, s. 775.083, or s. 775.084.

16         (10)(9)  Any person who willfully and fraudulently

17  creates, or uses, or possesses with intent to fraudulently

18  use, counterfeit or fictitious personal identification

19  information concerning a fictitious individual, or concerning

20  a real individual without first obtaining that real

21  individual's consent, with intent to use such counterfeit or

22  fictitious personal identification information for the purpose

23  of committing or facilitating the commission of a fraud on

24  another person, commits the offense of fraudulent creation, or

25  use, or possession of with intent to fraudulently use,

26  counterfeit or fictitious personal identification information,

27  a felony of the third degree, punishable as provided in s.

28  775.082, s. 775.083, or s. 775.084.

29         Section 2.  Paragraph (h) of subsection (3) of section

30  921.0022, Florida Statutes, is amended to read:

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    Florida Senate - 2007                                  SB 2184
    11-1703-07                                              See HB




 1         921.0022  Criminal Punishment Code; offense severity

 2  ranking chart.--

 3         (3)  OFFENSE SEVERITY RANKING CHART

 4  Florida           Felony    Description

 5  Statute           Degree

 6                              (h)  LEVEL 8

 7  316.193(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 - 2007                                  SB 2184
    11-1703-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2184
    11-1703-07                                              See HB




 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)         2nd      Fraudulent use of personal

13                              identification information of an

14                              individual under the age of 18.

15  817.568(8)         2nd      Fraudulent use of personal

16                              identification information of an

17                              individual age 65 or older.

18  825.102(2)         2nd      Aggravated abuse of an elderly

19                              person or disabled adult.

20  825.1025(2)        2nd      Lewd or lascivious battery upon

21                              an elderly person or disabled

22                              adult.

23  825.103(2)(a)      1st      Exploiting an elderly person or

24                              disabled adult and property is

25                              valued at $100,000 or more.

26  837.02(2)          2nd      Perjury in official proceedings

27                              relating to prosecution of a

28                              capital felony.

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    Florida Senate - 2007                                  SB 2184
    11-1703-07                                              See HB




 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(1)(b)1.b.  1st      Trafficking in cocaine, more than

23                              200 grams, less than 400 grams.

24  893.135(1)(c)1.b.  1st      Trafficking in illegal drugs,

25                              more than 14 grams, less than 28

26                              grams.

27  893.135(1)(d)1.b.  1st      Trafficking in phencyclidine,

28                              more than 200 grams, less than

29                              400 grams.

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    Florida Senate - 2007                                  SB 2184
    11-1703-07                                              See HB




 1  893.135(1)(e)1.b.  1st      Trafficking in methaqualone, more

 2                              than 5 kilograms, less than 25

 3                              kilograms.

 4  893.135(1)(f)1.b.  1st      Trafficking in amphetamine, more

 5                              than 28 grams, less than 200

 6                              grams.

 7  893.135(1)(g)1.b.  1st      Trafficking in flunitrazepam, 14

 8                              grams or more, less than 28

 9                              grams.

10  893.135(1)(h)1.b.  1st      Trafficking in

11                              gamma-hydroxybutyric acid (GHB),

12                              5 kilograms or more, less than 10

13                              kilograms.

14  893.135(1)(j)1.b.  1st      Trafficking in 1,4-Butanediol, 5

15                              kilograms or more, less than 10

16                              kilograms.

17  893.135(1)(k)2.b.  1st      Trafficking in Phenethylamines,

18                              200 grams or more, less than 400

19                              grams.

20  895.03(1)          1st      Use or invest proceeds derived

21                              from pattern of racketeering

22                              activity.

23  895.03(2)          1st      Acquire or maintain through

24                              racketeering activity any

25                              interest in or control of any

26                              enterprise or real property.

27  895.03(3)          1st      Conduct or participate in any

28                              enterprise through pattern of

29                              racketeering activity.

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    Florida Senate - 2007                                  SB 2184
    11-1703-07                                              See HB




 1  896.101(5)(b)      2nd      Money laundering, financial

 2                              transactions totaling or

 3                              exceeding $20,000, but less than

 4                              $100,000.

 5  896.104(4)(a)2.    2nd      Structuring transactions to evade

 6                              reporting or registration

 7                              requirements, financial

 8                              transactions totaling or

 9                              exceeding $20,000 but less than

10                              $100,000.

11         Section 3.  This act shall take effect July 1, 2007.

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