Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 390 Ì323406ÄÎ323406 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/18/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Benacquisto) recommended the following: 1 Senate Amendment 2 3 Delete lines 90 - 187 4 and insert: 5 out-of-pocket costs, including attorney fees and fees associated 6 with services provided by certified public accountants licensed 7 under chapter 473, incurred by the victim in clearing the 8 victim’s credit history or credit rating, or costs incurred in 9 connection with a civil or administrative proceeding to satisfy 10 a debt, lien, or other obligation of the victim arising as a 11 result of the actions of the defendant. 12 (b) The sentencing court may issue such orders as are 13 necessary to correct a public record that contains false 14 information given in violation of this section. 15 (3)(a) A victim of the conduct subject to this section 16 shall have a civil cause of action against a person who has 17 engaged in the conduct prohibited by this section as provided in 18 s. 772.11. 19 (b) For purposes of this subsection, the term “victim” 20 includes, to the extent not already included within s. 817.568, 21 a person whose identity was falsely personated or who suffers a 22 loss of property as a result of the false personation. 23 Section 3. Section 817.032, Florida Statutes, is created to 24 read: 25 817.032 Information available to identity theft victims.— 26 (1) DEFINITION.—As used in this section, the term “victim” 27 means a person whose means of identification or financial 28 information is used or transferred or is alleged to be used or 29 transferred without the authority of that person with the intent 30 to commit or to aid or abet an identity theft or a similar 31 crime. 32 (2) GENERALLY.—For the purpose of documenting fraudulent 33 transactions resulting from identity theft, within 30 days after 34 the date of receipt of a request from a victim in accordance 35 with subsection (4), and subject to verification of the identity 36 of the victim and the claim of identity theft in accordance with 37 subsection (3), a business entity that has provided credit to; 38 provided for consideration products, goods, or services to; 39 accepted payment from; or otherwise entered into a commercial 40 transaction for consideration with, a person who has allegedly 41 made unauthorized use of the means of identification of the 42 victim, shall provide a copy of the application and business 43 transaction records in the control of the business entity, 44 whether maintained by the business entity or by another person 45 on behalf of the business entity, evidencing any transaction 46 alleged to be a result of identity theft to: 47 (a) The victim; 48 (b) A federal, state, or local government law enforcement 49 agency or officer specified by the victim in such a request; or 50 (c) A law enforcement agency investigating the identity 51 theft and authorized by the victim to take receipt of records 52 provided under this section. 53 (3) VERIFICATION OF IDENTITY AND CLAIM.—Before a business 54 entity provides any information under subsection (2), unless the 55 business entity, at its discretion, has a high degree of 56 confidence that it knows the identity of the victim making a 57 request under subsection (2), the victim shall provide to the 58 business entity: 59 (a) As proof of positive identification of the victim, at 60 the election of the business entity: 61 1. The presentation of a government-issued identification 62 card; 63 2. Personal identifying information of the same type as 64 provided to the business entity by the unauthorized person; or 65 3. Personal identifying information that the business 66 entity typically requests from new applicants or for new 67 transactions, at the time of the victim’s request for 68 information, including any documentation described in 69 subparagraphs 1. and 2. 70 (b) As proof of a claim of identity theft, at the election 71 of the business entity: 72 1. A copy of a police report evidencing the claim of the 73 victim of identity theft; or 74 2. A properly completed affidavit of fact which is 75 acceptable to the business entity for that purpose. 76 (4) PROCEDURES.—The request of a victim under subsection 77 (2) must: 78 (a) Be in writing; 79 (b) Be mailed or delivered to an address specified by the 80 business entity, if any; and 81 (c) If asked by the business entity, include relevant 82 information about any transaction alleged to be a result of 83 identity theft to facilitate compliance with this section, 84 including: 85 1. If known by the victim or readily obtainable by the 86 victim, the date of the application or transaction. 87 2. If known by the victim or readily obtainable by the 88 victim, any other identifying information such as an account 89 number or transaction number. 90 (5) NO CHARGE TO VICTIM.—Information required to be 91 provided under subsection (2) shall be provided without charge. 92 (6) AUTHORITY TO DECLINE TO PROVIDE INFORMATION.—A business 93 entity may decline to provide information under subsection (2) 94 if, in the exercise of good faith, the business entity 95 determines that: 96 (a) This section does not require disclosure of the 97 information; 98 (b) After reviewing the information provided pursuant to 99 subsection (3), the business entity does not have a high degree 100 of confidence in knowing the true identity of the individual 101 requesting the information; 102 (c) The request for the information is based on a 103 misrepresentation of fact by the individual requesting the 104 information; or