Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 390
       
       
       
       
       
       
                                Ì323406ÄÎ323406                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/18/2015           .                                
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       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