Florida Senate - 2008 (Reformatted) SB 122
By Senator Fasano
11-00136-08 2008122__
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A bill to be entitled
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An act relating to criminal use of personal identification
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information; amending s. 817.568, F.S.; providing an
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enhanced penalty for certain uses of personal
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identification information concerning an individual 65
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years of age or older without consent; deleting fraudulent
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intent as an element of certain offenses involving
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personal identification information; amending s. 921.0022,
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F.S.; conforming the offense Severity Ranking Chart of the
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Criminal Punishment Code to changes made by the act;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsections (8) through (17) of section
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817.568, Florida Statutes, are renumbered as subsections (9)
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through (18), respectively, paragraph (a) of subsection (2),
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paragraph (a) of present subsection (8), and present subsection
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(9) of that section are amended, and a new subsection (8) is
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added to that section, to read:
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817.568 Criminal use of personal identification
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information.--
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(2)(a) Any person who willfully and without authorization
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fraudulently uses, or possesses with intent to fraudulently use,
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personal identification information concerning an individual
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without first obtaining that individual's consent, commits the
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offense of fraudulent use of personal identification information,
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which is a felony of the third degree, punishable as provided in
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(8) Any person who willfully and without authorization
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fraudulently uses personal identification information concerning
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an individual 65 years of age or older without first obtaining
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the consent of that individual commits a felony of the first
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(9)(8)(a) Any person who willfully and fraudulently uses,
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or possesses with intent to fraudulently use, personal
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identification information concerning a deceased individual
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commits the offense of fraudulent use or possession of with
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intent to use personal identification information of a deceased
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individual, a felony of the third degree, punishable as provided
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(10)(9) Any person who willfully and fraudulently creates,
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or uses, or possesses with intent to fraudulently use,
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counterfeit or fictitious personal identification information
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concerning a fictitious individual, or concerning a real
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individual without first obtaining that real individual's
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consent, with intent to use such counterfeit or fictitious
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personal identification information for the purpose of committing
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or facilitating the commission of a fraud on another person,
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commits the offense of fraudulent creation, or use, or possession
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of with intent to fraudulently use, counterfeit or fictitious
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personal identification information, a felony of the third
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Section 2. Paragraph (h) of subsection (3) of section
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921.0022, Florida Statutes, is amended to read:
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921.0022 Criminal Punishment Code; offense severity ranking
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chart.--
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(3) OFFENSE SEVERITY RANKING CHART
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(h) LEVEL 8
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| FloridaStatute | FelonyDegree | Description |
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| 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |
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| 316.1935(4)(b) | 1st | Aggravated fleeing or attempted eluding with serious bodily injury or death. |
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| 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
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| 499.0051(7) | 1st | Forgery of prescription or legend drug labels. |
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| 499.0052 | 1st | Trafficking in contraband legend drugs. |
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| 560.123(8)(b)2. | 2nd | Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter. |
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| 560.125(5)(b) | 2nd | Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000. |
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| 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
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| 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
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| 782.04(4) | 2nd | Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb. |
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| 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
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| 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
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| 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
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| 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
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| 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
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| 794.08(3) | 2nd | Female genital mutilation, removal of a victim younger than 18 years of age from this state. |
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| 800.04(4) | 2nd | Lewd or lascivious battery. |
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| 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
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| 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
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| 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
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| 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
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| 812.014(2)(a)2. | 1st | Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. |
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| 812.13(2)(b) | 1st | Robbery with a weapon. |
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| 812.135(2)(c) | 1st | Home-invasion robbery, no firearm, deadly weapon, or other weapon. |
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| 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |
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| 817.568(8) | 2nd | Fraudulent use of personal identification information of an individual age 65 or older. |
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| 825.102(2) | 2nd | Aggravated abuse of an elderly person or disabled adult. |
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| 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
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| 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
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| 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
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| 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
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| 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
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| 860.16 | 1st | Aircraft piracy. |
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| 893.13(1)(b) | 1st | Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
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| 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
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| 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |
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| 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
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| 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
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| 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
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| 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
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| 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |
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| 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. |
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| 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
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| 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
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| 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
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| 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
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| 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
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| 896.104(4)(a)2. | 2nd | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000. |
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Section 3. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.