Senate Bill sb2184
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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.
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15 Be It Enacted by the Legislature of the State of Florida:
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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
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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
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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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Florida Senate - 2007 SB 2184
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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) 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
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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(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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