Florida Senate - 2014                                    SB 1472
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-01344-14                                           20141472__
    1                        A bill to be entitled                      
    2         An act relating to identity theft; amending s.
    3         817.568, F.S.; providing that possession of personal
    4         identification information without a legitimate
    5         business or professional purpose and with specified
    6         intent constitutes fraudulent use of personal
    7         identification information; providing criminal
    8         penalties; creating a rebuttable presumption that a
    9         person in possession of a specified quantity of
   10         personal identification information has fraudulent
   11         intent; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (a) of subsection (2) of section
   16  817.568, Florida Statutes, is amended to read:
   17         817.568 Criminal use of personal identification
   18  information.—
   19         (2)(a)1. A Any person who willfully and without
   20  authorization fraudulently uses, or possesses with intent to
   21  fraudulently use, personal identification information concerning
   22  an individual without first obtaining that individual’s consent,
   23  or without a legitimate business or professional purpose,
   24  commits the offense of fraudulent use of personal identification
   25  information, which is a felony of the third degree, punishable
   26  as provided in s. 775.082, s. 775.083, or s. 775.084.
   27         2. For purposes of this paragraph, a person who possesses
   28  10 or more pieces of personal identification information is
   29  presumed to have an intent to fraudulently use such personal
   30  identification information. This presumption may be rebutted by
   31  demonstration that the possession was authorized by the
   32  individual to whom the information relates or that the person
   33  possessing the information has a legitimate business or
   34  professional purpose for possessing the information.
   35         Section 2. This act shall take effect October 1, 2014.