Florida Senate - 2015                       CS for CS for SB 390
       
       
        
       By the Committees on Criminal Justice; and Judiciary; and
       Senator Richter
       
       
       
       
       591-03137-15                                           2015390c2
    1                        A bill to be entitled                      
    2         An act relating to fraud; creating s. 817.011, F.S.;
    3         defining the term “business entity”; amending s.
    4         817.02, F.S.; providing for restitution to victims for
    5         certain victim out-of-pocket costs; providing for a
    6         civil cause of action for certain victims; creating s.
    7         817.032, F.S.; defining the term “victim”; requiring
    8         business entities to provide copies of business
    9         records of fraudulent transactions involving identity
   10         theft to victims and law enforcement agencies in
   11         certain circumstances; providing an exception;
   12         providing for verification of a victim’s identity and
   13         claim; providing procedures for claims; requiring that
   14         certain information be provided to victims without
   15         charge; specifying circumstances in which business
   16         entities may decline to provide information; providing
   17         a limitation on civil liability for business entities
   18         that provide or decline to provide information in
   19         certain circumstances; specifying that no new record
   20         retention is required; providing an affirmative
   21         defense to business entities in actions seeking
   22         enforcement of provisions; amending s. 817.11, F.S.;
   23         making editorial changes; transferring, renumbering,
   24         and amending ss. 817.12 and 817.13, F.S.; combining
   25         offense, penalty, and evidence provisions and
   26         transferring such provisions to s. 817.11, F.S.;
   27         amending s. 817.14, F.S.; clarifying provisions;
   28         amending s. 817.15, F.S.; substituting the term
   29         “business entity” for the term “corporation”; amending
   30         ss. 817.17 and 817.18, F.S.; including counties and
   31         other political subdivisions in provisions prohibiting
   32         the false marking of goods or packaging with a
   33         location of origin; reorganizing penalty provisions;
   34         amending s. 817.19, F.S.; prohibiting fraudulent
   35         issuance of indicia of membership interest in a
   36         limited liability company; amending s. 817.39, F.S.;
   37         substituting the term “business entity” for the term
   38         “corporation”; amending s. 817.40, F.S.; specifying
   39         that the term “misleading advertising” includes
   40         electronic forms of dissemination; amending s.
   41         817.411, F.S.; substituting the term “business entity”
   42         for the term “corporation”; specifying that certain
   43         false statements made through electronic means are
   44         prohibited; amending s. 817.412, F.S.; specifying that
   45         electronic statements are included in provisions
   46         prohibiting false representations of used goods as
   47         new; amending s. 817.481, F.S.; clarifying provisions;
   48         amending s. 817.50, F.S.; revising criminal penalties
   49         for fraudulently obtaining goods or services from a
   50         health care provider; amending s. 817.568, F.S.;
   51         expanding specified identity theft offenses to include
   52         all persons rather than being limited to natural
   53         persons; including dissolved business entities within
   54         certain offenses involving fraudulent use of personal
   55         identification information of deceased persons;
   56         amending s. 817.569, F.S.; prohibiting a person from
   57         knowingly providing false information that becomes
   58         part of a public record to facilitate or further the
   59         commission of certain offenses; providing criminal
   60         penalties; amending s. 921.0022, F.S.; conforming
   61         provisions to changes made by the act; providing an
   62         effective date.
   63          
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Section 817.011, Florida Statutes, is created to
   67  read:
   68         817.011 Definition.—As used in this chapter, the term
   69  “business entity” means any corporation, partnership, limited
   70  partnership, company, limited liability company, proprietorship,
   71  firm, enterprise, franchise, association, self-employed
   72  individual, or trust, whether fictitiously named or not, doing
   73  business in this state.
   74         Section 2. Section 817.02, Florida Statutes, is amended to
   75  read:
   76         817.02 Obtaining property by false personation.—
   77         (1) Whoever falsely personates or represents another
   78  person, and in such assumed character:
   79         (a) Receives any property intended to be delivered to that
   80  person the party so personated, with intent to convert the same
   81  to his or her own use; or
   82         (b) To the extent not subject to s. 817.568, damages the
   83  credit history or rating of, or otherwise causes harm to, the
   84  person whose identity has been assumed through the taking of
   85  property from any person,
   86  
   87  shall be punished as if he or she had been convicted of larceny.
   88         (2)(a) In sentencing a defendant convicted of a violation
   89  of this section, in addition to restitution to the victim under
   90  s. 775.089, the court may order restitution for the victim’s
   91  out-of-pocket costs, including attorney fees and fees associated
   92  with services provided by certified public accountants licensed
   93  under chapter 473, incurred by the victim in clearing the
   94  victim’s credit history or credit rating, or costs incurred in
   95  connection with a civil or administrative proceeding to satisfy
   96  a debt, lien, or other obligation of the victim arising as a
   97  result of the actions of the defendant.
   98         (b) The sentencing court may issue such orders as are
   99  necessary to correct a public record that contains false
  100  information given in violation of this section.
  101         (3)(a) A victim of the conduct subject to this section
  102  shall have a civil cause of action against a person who has
  103  engaged in the conduct prohibited by this section as provided in
  104  s. 772.11.
  105         (b) For purposes of this subsection, the term “victim”
  106  includes, to the extent not already included within s. 817.568,
  107  a person whose identity was falsely personated or who suffers a
  108  loss of property as a result of the false personation.
  109         Section 3. Section 817.032, Florida Statutes, is created to
  110  read:
  111         817.032 Information available to identity theft victims.—
  112         (1) DEFINITION.—As used in this section, the term “victim”
  113  means a person whose means of identification or financial
  114  information is used or transferred or is alleged to be used or
  115  transferred without the authority of that person with the intent
  116  to commit or to aid or abet an identity theft or a similar
  117  crime.
  118         (2) GENERALLY.—
  119         (a) For the purpose of documenting fraudulent transactions
  120  resulting from identity theft, within 30 days after the date of
  121  receipt of a request from a victim in accordance with subsection
  122  (4), and subject to verification of the identity of the victim
  123  and the claim of identity theft in accordance with subsection
  124  (3), a business entity that has provided credit to; provided for
  125  consideration products, goods, or services to; accepted payment
  126  from; or otherwise entered into a commercial transaction for
  127  consideration with, a person who has allegedly made unauthorized
  128  use of the means of identification of the victim, shall provide
  129  a copy of the application and business transaction records in
  130  the control of the business entity, whether maintained by the
  131  business entity or by another person on behalf of the business
  132  entity, evidencing any transaction alleged to be a result of
  133  identity theft to:
  134         1. The victim;
  135         2. A federal, state, or local governmental law enforcement
  136  agency, or officer specified by the victim in such a request; or
  137         3. A law enforcement agency investigating the identity
  138  theft and authorized by the victim to take receipt of records
  139  provided under this section.
  140         (b) This subsection does not apply to a third party
  141  providing a service to effect, administer, facilitate, process,
  142  or enforce a financial transaction initiated by an individual.
  143         (3) VERIFICATION OF IDENTITY AND CLAIM.—Before a business
  144  entity provides any information under subsection (2), unless the
  145  business entity, at its discretion, has a high degree of
  146  confidence that it knows the identity of the victim making a
  147  request under subsection (2), the victim shall provide to the
  148  business entity:
  149         (a) As proof of positive identification of the victim, at
  150  the election of the business entity:
  151         1. The presentation of a government-issued identification
  152  card;
  153         2. Personal identifying information of the same type as
  154  provided to the business entity by the unauthorized person; or
  155         3. Personal identifying information that the business
  156  entity typically requests from new applicants or for new
  157  transactions, at the time of the victim’s request for
  158  information, including any documentation described in
  159  subparagraphs 1. and 2.
  160         (b) As proof of a claim of identity theft, at the election
  161  of the business entity:
  162         1. A copy of a police report evidencing the claim of the
  163  victim of identity theft; and
  164         2. A properly completed affidavit of fact which is
  165  acceptable to the business entity for that purpose.
  166         (4) PROCEDURES.—The request of a victim under subsection
  167  (2) must:
  168         (a) Be in writing;
  169         (b) Be mailed or delivered to an address specified by the
  170  business entity, if any; and
  171         (c) If asked by the business entity, include relevant
  172  information about any transaction alleged to be a result of
  173  identity theft to facilitate compliance with this section,
  174  including:
  175         1. If known by the victim or readily obtainable by the
  176  victim, the date of the application or transaction.
  177         2. If known by the victim or readily obtainable by the
  178  victim, any other identifying information such as an account
  179  number or transaction number.
  180         (5) NO CHARGE TO VICTIM.—Information required to be
  181  provided under subsection (2) shall be provided without charge.
  182         (6) AUTHORITY TO DECLINE TO PROVIDE INFORMATION.—A business
  183  entity may decline to provide information under subsection (2)
  184  if, in the exercise of good faith, the business entity
  185  determines that:
  186         (a) This section does not require disclosure of the
  187  information;
  188         (b) After reviewing the information provided pursuant to
  189  subsection (3), the business entity does not have a high degree
  190  of confidence in knowing the true identity of the individual
  191  requesting the information;
  192         (c) The request for the information is based on a
  193  misrepresentation of fact by the individual requesting the
  194  information;
  195         (d) The information requested is Internet navigational data
  196  or similar information about a person’s visit to a website or
  197  online service; or
  198         (e) The disclosure is otherwise prohibited by state or
  199  federal law.
  200         (7) LIMITATION ON CIVIL LIABILITY.—A business entity may
  201  not be held civilly liable in this state for a disclosure made
  202  in good faith pursuant to this section or a decision to decline
  203  to provide information as provided in subsection (6).
  204         (8) NO NEW RECORDKEEPING OBLIGATION.—This section does not
  205  create an obligation on the part of a business entity to obtain,
  206  retain, or maintain information or records that are not
  207  otherwise required to be obtained, retained, or maintained in
  208  the ordinary course of its business or under other applicable
  209  law.
  210         (9) AFFIRMATIVE DEFENSE.—In any civil action brought to
  211  enforce this section, it is an affirmative defense, which the
  212  defendant must establish by a preponderance of the evidence, for
  213  a business entity to file an affidavit or answer stating that:
  214         (a) The business entity has made a reasonably diligent
  215  search of its available business records.
  216         (b) The records requested under this section do not exist
  217  or are not reasonably available.
  218         Section 4. Section 817.11, Florida Statutes, is amended,
  219  and sections 817.12 and 817.13, Florida Statutes, are
  220  transferred and renumbered as subsections (2) and (3),
  221  respectively, of section 817.11, Florida Statutes, and amended,
  222  to read:
  223         817.11 Obtaining property by fraudulent promise to furnish
  224  inside information.—
  225         (1) A No person may not shall defraud or attempt to defraud
  226  any individual out of anything any thing of value by assuming to
  227  have or be able to obtain any secret, advance or inside
  228  information regarding any person, transaction, act or thing,
  229  whether such person, transaction, act or thing exists or not.
  230         (2) 817.12A person who violates this section commits
  231  Penalty for violation of s. 817.11.—Any person guilty of
  232  violating the provisions of s. 817.11 shall be deemed guilty of
  233  a felony of the third degree, punishable as provided in s.
  234  775.082, s. 775.083, or s. 775.084.
  235         (3) 817.13Paraphernalia as evidence of violation of s.
  236  817.11.—All paraphernalia of whatsoever kind in possession of
  237  any person and used in defrauding or attempting to defraud as
  238  specified in this section s. 817.11 shall be held and accepted
  239  by any court of competent jurisdiction in this state as prima
  240  facie evidence of guilt.
  241         Section 5. Section 817.14, Florida Statutes, is amended to
  242  read:
  243         817.14 Procuring assignments of produce upon false
  244  representations.—A Any person acting for himself or herself or
  245  another person, who shall procure any consignment of produce
  246  grown in this state, to himself or herself or such other, for
  247  sale on commission or for other compensation by any knowingly
  248  false representation as to the prevailing market price at such
  249  time for such produce at the point to which it is consigned, or
  250  as to the price which such person for whom he or she is acting
  251  is at said time paying to other consignors for like produce at
  252  said place, or as to the condition of the market for such
  253  produce at such time and place, and any such person acting for
  254  another who shall procure any consignment for sale as aforesaid
  255  by false representation of authority to him or her by such other
  256  to make a guaranteed price to the consignor, commits shall be
  257  guilty of a misdemeanor of the first degree, punishable as
  258  provided in s. 775.082 or s. 775.083.
  259         Section 6. Section 817.15, Florida Statutes, is amended to
  260  read:
  261         817.15 Making False entries in, etc., on books of business
  262  entity corporation.—Any officer, agent, clerk or servant of a
  263  business entity corporation who makes a false entry in the books
  264  thereof, with intent to defraud, and any person whose duty it is
  265  to make in such books a record or entry of the transfer of
  266  stock, or of the issuing and canceling of certificates thereof,
  267  or of the amount of stock issued by such business entity
  268  corporation, who omits to make a true record or entry thereof,
  269  with intent to defraud, commits shall be guilty of a felony of
  270  the third degree, punishable as provided in s. 775.082, s.
  271  775.083, or s. 775.084.
  272         Section 7. Section 817.17, Florida Statutes, is amended to
  273  read:
  274         817.17 Wrongful use of city, county, or other political
  275  subdivision name.—
  276         (1) A No person or persons engaged in manufacturing in this
  277  state, may not shall cause to be printed, stamped, marked,
  278  engraved or branded, upon any of the articles manufactured by
  279  them, or on any of the boxes, packages, or bands containing such
  280  manufactured articles, the name of any city, county, or other
  281  political subdivision of in the state, other than that in which
  282  said articles are manufactured; provided, that nothing in this
  283  section does not shall prohibit any person from offering for
  284  sale any goods having marked thereon the name of any city,
  285  county, or other political subdivision of the state in Florida
  286  other than that in which said goods were manufactured, if there
  287  be no manufactory of similar goods in the city, county, or other
  288  political subdivision the name of which is used.
  289         (2) A person violating this section commits a misdemeanor
  290  of the second degree, punishable as provided in s. 775.083.
  291         Section 8. Section 817.18, Florida Statutes, is amended to
  292  read:
  293         817.18 Wrongful marking with a city, county, or other
  294  political subdivision name stamping, marking, etc.; penalty.—
  295         (1) A No person may not shall knowingly sell or offer for
  296  sale, within the state, any manufactured articles which shall
  297  have printed, stamped, marked, engraved, or branded upon them,
  298  or upon the boxes, packages, or bands containing said
  299  manufactured articles, the name of any city, county, or other
  300  political subdivision of in the state, other than that in which
  301  such articles were manufactured; provided, that nothing in this
  302  section does not shall prohibit any person from offering for
  303  sale any goods, having marked thereon the name of any city,
  304  county, or other political subdivision of the state in Florida,
  305  other than that in which said goods are manufactured, if there
  306  be no manufactory of similar goods in the city, county, or other
  307  political subdivision the name of which is used.
  308         (2) A Any person violating the provisions of this or the
  309  preceding section commits shall be guilty of a misdemeanor of
  310  the second degree, punishable as provided in s. 775.083.
  311         Section 9. Section 817.19, Florida Statutes, is amended to
  312  read:
  313         817.19 Fraudulent issue of stock certificate or indicia of
  314  membership interest of stock of corporation.—Any officer, agent,
  315  clerk or servant of a corporation, or any other person, who
  316  fraudulently issues or transfers a certificate of stock of a
  317  corporation or indicia of a membership interest in a limited
  318  liability company to any person not entitled thereto, or
  319  fraudulently signs such certificate or other indicia of
  320  membership interest, in blank or otherwise, with the intent that
  321  it shall be so issued or transferred by himself or herself or
  322  any other person, commits shall be guilty of a felony of the
  323  third degree, punishable as provided in s. 775.082, s. 775.083,
  324  or s. 775.084.
  325         Section 10. Subsections (1) and (3) of section 817.39,
  326  Florida Statutes, are amended to read:
  327         817.39 Simulated forms of court or legal process, or
  328  official seal or stationery; publication, sale or circulation
  329  unlawful; penalty.—
  330         (1) Any person, firm, or business entity corporation who
  331  prints shall print, for the purpose of sale or distribution and
  332  for use in the state, or who circulates, publishes, or offers
  333  shall circulate, publish, or offer for sale any letter, paper,
  334  document, notice of intent to bring suit, or other notice or
  335  demand, which simulates a form of court or legal process, or any
  336  person who without authority of the state prints shall print,
  337  for the purpose of sale or distribution for use in the state, or
  338  who without authority of the state circulates, publishes, or
  339  offers shall circulate, publish, use, or offer for sale any
  340  letters, papers, or documents which simulate the seal of the
  341  state, or the stationery of a state agency or fictitious state
  342  agency commits is guilty of a misdemeanor of the second degree,
  343  punishable as provided in s. 775.082 or s. 775.083.
  344         (3) Nothing in This section does not shall prevent the
  345  printing, publication, sale, or distribution of genuine legal
  346  forms for the use of attorneys or clerks of courts.
  347         Section 11. Subsection (5) of section 817.40, Florida
  348  Statutes, is amended to read:
  349         817.40 False, misleading and deceptive advertising and
  350  sales; definitions.—When construing ss. 817.40, 817.41, 817.43
  351  817.47, and each and every word, phrase or part thereof, where
  352  the context will permit:
  353         (5) The phrase “misleading advertising” includes any
  354  statements made, or disseminated, in oral, written, electronic,
  355  or printed form or otherwise, to or before the public, or any
  356  portion thereof, which are known, or through the exercise of
  357  reasonable care or investigation could or might have been
  358  ascertained, to be untrue or misleading, and which are or were
  359  so made or disseminated with the intent or purpose, either
  360  directly or indirectly, of selling or disposing of real or
  361  personal property, services of any nature whatever, professional
  362  or otherwise, or to induce the public to enter into any
  363  obligation relating to such property or services.
  364         Section 12. Section 817.411, Florida Statutes, is amended
  365  to read:
  366         817.411 False information; advertising.—A No person, firm
  367  or business entity may not corporation shall knowingly publish,
  368  disseminate, circulate, or place before the public, or cause
  369  directly or indirectly, to be made, published, disseminated,
  370  circulated, or placed before the public, in a newspaper,
  371  magazine or other publication, or in the form of a notice,
  372  circular, pamphlet, letter or poster, or over any radio or
  373  television station, electronically, or in any other way, any
  374  advertisement, announcement, or statement containing any
  375  assertion, representation, or statement that commodities,
  376  mortgages, promissory notes, securities, or other things of
  377  value offered for sale are covered by insurance guaranties where
  378  such insurance is nonexistent or does not in fact insure against
  379  the risks covered.
  380         Section 13. Section 817.412, Florida Statutes, is amended
  381  to read:
  382         817.412 Sale of used goods as new; penalty.—
  383         (1) It is unlawful for a seller in a transaction where the
  384  purchase price of goods exceeds $100 to misrepresent orally, in
  385  writing, electronically, or by failure to speak that the goods
  386  are new or original when they are used or repossessed or where
  387  they have been used for sales demonstration.
  388         (2) A person who violates the provisions of this section
  389  commits a misdemeanor of the first degree, punishable as
  390  provided in s. 775.082 or s. 775.083.
  391         Section 14. Subsection (1) of section 817.481, Florida
  392  Statutes, is amended to read:
  393         817.481 Credit or purchases cards; obtaining illicitly
  394  goods by use of false, expired, etc.; penalty.—
  395         (1) It shall be unlawful for any person knowingly to obtain
  396  or attempt to obtain credit, or to purchase or attempt to
  397  purchase any goods, property, or service, by the use of any
  398  false, fictitious, counterfeit, or expired credit card,
  399  telephone number, credit number, or other credit device, or by
  400  the use of any credit card, telephone number, credit number, or
  401  other credit device of another person without the authority of
  402  the person to whom such card, number or device was issued, or by
  403  the use of any credit card, telephone number, credit number, or
  404  other credit device in any case where such card, number or
  405  device has been revoked and notice of revocation has been given
  406  to the person to whom issued.
  407         Section 15. Section 817.50, Florida Statutes, is amended to
  408  read:
  409         817.50 Fraudulently obtaining goods or, services, etc.,
  410  from a health care provider.—
  411         (1) Whoever shall, willfully and with intent to defraud,
  412  obtain or attempt to obtain goods, products, merchandise, or
  413  services from any health care provider in this state, as defined
  414  in s. 641.19(14), commits a felony misdemeanor of the third
  415  second degree, punishable as provided in s. 775.082, or s.
  416  775.083, or s. 775.084.
  417         (2) If any person gives to any health care provider in this
  418  state a false or fictitious name or a false or fictitious
  419  address or assigns to any health care provider the proceeds of
  420  any health maintenance contract or insurance contract, then
  421  knowing that such contract is no longer in force, is invalid, or
  422  is void for any reason, such action shall be prima facie
  423  evidence of the intent of such person to defraud the health care
  424  provider. However, this subsection does not apply to
  425  investigative actions taken by law enforcement officers for law
  426  enforcement purposes in the course of their official duties.
  427         Section 16. Paragraph (f) of subsection (1) and subsections
  428  (2), (4), (8), and (9) of section 817.568, Florida Statutes, are
  429  amended to read:
  430         817.568 Criminal use of personal identification
  431  information.—
  432         (1) As used in this section, the term:
  433         (f) “Personal identification information” means any name or
  434  number that may be used, alone or in conjunction with any other
  435  information, to identify a specific person individual, including
  436  any:
  437         1. Name, postal or electronic mail address, telephone
  438  number, social security number, date of birth, mother’s maiden
  439  name, official state-issued or United States-issued driver
  440  license or identification number, alien registration number,
  441  government passport number, employer or taxpayer identification
  442  number, Medicaid or food assistance account number, bank account
  443  number, credit or debit card number, or personal identification
  444  number or code assigned to the holder of a debit card by the
  445  issuer to permit authorized electronic use of such card;
  446         2. Unique biometric data, such as fingerprint, voice print,
  447  retina or iris image, or other unique physical representation;
  448         3. Unique electronic identification number, address, or
  449  routing code;
  450         4. Medical records;
  451         5. Telecommunication identifying information or access
  452  device; or
  453         6. Other number or information that can be used to access a
  454  person’s financial resources.
  455         (2)(a) Any person who willfully and without authorization
  456  fraudulently uses, or possesses with intent to fraudulently use,
  457  personal identification information concerning another person an
  458  individual without first obtaining that person’s individual’s
  459  consent, commits the offense of fraudulent use of personal
  460  identification information, which is a felony of the third
  461  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  462  775.084.
  463         (b) Any person who willfully and without authorization
  464  fraudulently uses personal identification information concerning
  465  a person an individual without first obtaining that person’s
  466  individual’s consent commits a felony of the second degree,
  467  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  468  if the pecuniary benefit, the value of the services received,
  469  the payment sought to be avoided, or the amount of the injury or
  470  fraud perpetrated is $5,000 or more or if the person
  471  fraudulently uses the personal identification information of 10
  472  or more persons individuals, but fewer than 20 persons
  473  individuals, without their consent. Notwithstanding any other
  474  provision of law, the court shall sentence any person convicted
  475  of committing the offense described in this paragraph to a
  476  mandatory minimum sentence of 3 years’ imprisonment.
  477         (c) Any person who willfully and without authorization
  478  fraudulently uses personal identification information concerning
  479  a person an individual without first obtaining that person’s
  480  individual’s consent commits a felony of the first degree,
  481  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  482  if the pecuniary benefit, the value of the services received,
  483  the payment sought to be avoided, or the amount of the injury or
  484  fraud perpetrated is $50,000 or more or if the person
  485  fraudulently uses the personal identification information of 20
  486  or more persons individuals, but fewer than 30 persons
  487  individuals, without their consent. Notwithstanding any other
  488  provision of law, the court shall sentence any person convicted
  489  of committing the offense described in this paragraph to a
  490  mandatory minimum sentence of 5 years’ imprisonment. If the
  491  pecuniary benefit, the value of the services received, the
  492  payment sought to be avoided, or the amount of the injury or
  493  fraud perpetrated is $100,000 or more, or if the person
  494  fraudulently uses the personal identification information of 30
  495  or more persons individuals without their consent,
  496  notwithstanding any other provision of law, the court shall
  497  sentence any person convicted of committing the offense
  498  described in this paragraph to a mandatory minimum sentence of
  499  10 years’ imprisonment.
  500         (4) Any person who willfully and without authorization
  501  possesses, uses, or attempts to use personal identification
  502  information concerning a person an individual without first
  503  obtaining that person’s individual’s consent, and who does so
  504  for the purpose of harassing that person individual, commits the
  505  offense of harassment by use of personal identification
  506  information, which is a misdemeanor of the first degree,
  507  punishable as provided in s. 775.082 or s. 775.083.
  508         (8)(a) Any person who willfully and fraudulently uses, or
  509  possesses with intent to fraudulently use, personal
  510  identification information concerning a deceased individual or
  511  dissolved business entity commits the offense of fraudulent use
  512  or possession with intent to use personal identification
  513  information of a deceased individual or dissolved business
  514  entity, a felony of the third degree, punishable as provided in
  515  s. 775.082, s. 775.083, or s. 775.084.
  516         (b) Any person who willfully and fraudulently uses personal
  517  identification information concerning a deceased individual or
  518  dissolved business entity commits a felony of the second degree,
  519  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  520  if the pecuniary benefit, the value of the services received,
  521  the payment sought to be avoided, or the amount of injury or
  522  fraud perpetrated is $5,000 or more, or if the person
  523  fraudulently uses the personal identification information of 10
  524  or more but fewer than 20 deceased individuals or dissolved
  525  business entities. Notwithstanding any other provision of law,
  526  the court shall sentence any person convicted of committing the
  527  offense described in this paragraph to a mandatory minimum
  528  sentence of 3 years’ imprisonment.
  529         (c) Any person who willfully and fraudulently uses personal
  530  identification information concerning a deceased individual or
  531  dissolved business entity commits the offense of aggravated
  532  fraudulent use of the personal identification information of
  533  multiple deceased individuals or dissolved business entities, a
  534  felony of the first degree, punishable as provided in s.
  535  775.082, s. 775.083, or s. 775.084, if the pecuniary benefit,
  536  the value of the services received, the payment sought to be
  537  avoided, or the amount of injury or fraud perpetrated is $50,000
  538  or more, or if the person fraudulently uses the personal
  539  identification information of 20 or more but fewer than 30
  540  deceased individuals or dissolved business entities.
  541  Notwithstanding any other provision of law, the court shall
  542  sentence any person convicted of the offense described in this
  543  paragraph to a minimum mandatory sentence of 5 years’
  544  imprisonment. If the pecuniary benefit, the value of the
  545  services received, the payment sought to be avoided, or the
  546  amount of the injury or fraud perpetrated is $100,000 or more,
  547  or if the person fraudulently uses the personal identification
  548  information of 30 or more deceased individuals or dissolved
  549  business entities, notwithstanding any other provision of law,
  550  the court shall sentence any person convicted of an offense
  551  described in this paragraph to a mandatory minimum sentence of
  552  10 years’ imprisonment.
  553         (9) Any person who willfully and fraudulently creates or
  554  uses, or possesses with intent to fraudulently use, counterfeit
  555  or fictitious personal identification information concerning a
  556  fictitious person individual, or concerning a real person
  557  individual without first obtaining that real person’s
  558  individual’s consent, with intent to use such counterfeit or
  559  fictitious personal identification information for the purpose
  560  of committing or facilitating the commission of a fraud on
  561  another person, commits the offense of fraudulent creation or
  562  use, or possession with intent to fraudulently use, counterfeit
  563  or fictitious personal identification information, a felony of
  564  the third degree, punishable as provided in s. 775.082, s.
  565  775.083, or s. 775.084.
  566         Section 17. Section 817.569, Florida Statutes, is amended
  567  to read:
  568         817.569 Criminal use of a public record or public records
  569  information; providing false information; penalties.—A person
  570  who knowingly uses any public record, as defined in s. 119.011,
  571  or who knowingly uses information obtainable only through such
  572  public record, or who knowingly provides false information that
  573  becomes part of a public record to facilitate or further the
  574  commission of:
  575         (1) A misdemeanor of the first degree, commits a
  576  misdemeanor of the first degree, punishable as provided in s.
  577  775.082 or s. 775.083.
  578         (2) A felony, commits a felony of the third degree,
  579  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  580         Section 18. Paragraphs (a) and (e) of subsection (3) of
  581  section 921.0022, Florida Statutes, are amended to read:
  582         921.0022 Criminal Punishment Code; offense severity ranking
  583  chart.—
  584         (3) OFFENSE SEVERITY RANKING CHART
  585         (a) LEVEL 1
  586  
  587  
  588  FloridaStatute    FelonyDegree           Description            
  589  24.118(3)(a)         3rd   Counterfeit or altered state lottery ticket.
  590  212.054(2)(b)        3rd   Discretionary sales surtax; limitations, administration, and collection.
  591  212.15(2)(b)         3rd   Failure to remit sales taxes, amount greater than $300 but less than $20,000.
  592  316.1935(1)          3rd   Fleeing or attempting to elude law enforcement officer.
  593  319.30(5)            3rd   Sell, exchange, give away certificate of title or identification number plate.
  594  319.35(1)(a)         3rd   Tamper, adjust, change, etc., an odometer.
  595  320.26(1)(a)         3rd   Counterfeit, manufacture, or sell registration license plates or validation stickers.
  596  322.212 (1)(a)-(c)   3rd   Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  597  322.212(4)           3rd   Supply or aid in supplying unauthorized driver license or identification card.
  598  322.212(5)(a)        3rd   False application for driver license or identification card.
  599  414.39(2)            3rd   Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
  600  414.39(3)(a)         3rd   Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  601  443.071(1)           3rd   False statement or representation to obtain or increase reemployment assistance benefits.
  602  509.151(1)           3rd   Defraud an innkeeper, food or lodging value greater than $300.
  603  517.302(1)           3rd   Violation of the Florida Securities and Investor Protection Act.
  604  562.27(1)            3rd   Possess still or still apparatus. 
  605  713.69               3rd   Tenant removes property upon which lien has accrued, value more than $50.
  606  812.014(3)(c)        3rd   Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  607  812.081(2)           3rd   Unlawfully makes or causes to be made a reproduction of a trade secret.
  608  815.04(5)(a)         3rd   Offense against intellectual property (i.e., computer programs, data).
  609  817.52(2)            3rd   Hiring with intent to defraud, motor vehicle services.
  610  817.569(2)           3rd   Use of public record or public records information or providing false information to facilitate commission of a felony.
  611  826.01               3rd   Bigamy.                           
  612  828.122(3)           3rd   Fighting or baiting animals.      
  613  831.04(1)            3rd   Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  614  831.31(1)(a)         3rd   Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  615  832.041(1)           3rd   Stopping payment with intent to defraud $150 or more.
  616  832.05(2)(b) & (4)(c)   3rd   Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  617  838.15(2)            3rd   Commercial bribe receiving.       
  618  838.16               3rd   Commercial bribery.               
  619  843.18               3rd   Fleeing by boat to elude a law enforcement officer.
  620  847.011(1)(a)        3rd   Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  621  849.01               3rd   Keeping gambling house.           
  622  849.09(1)(a)-(d)     3rd   Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  623  849.23               3rd   Gambling-related machines; “common offender” as to property rights.
  624  849.25(2)            3rd   Engaging in bookmaking.           
  625  860.08               3rd   Interfere with a railroad signal. 
  626  860.13(1)(a)         3rd   Operate aircraft while under the influence.
  627  893.13(2)(a)2.       3rd   Purchase of cannabis.             
  628  893.13(6)(a)         3rd   Possession of cannabis (more than 20 grams).
  629  934.03(1)(a)         3rd   Intercepts, or procures any other person to intercept, any wire or oral communication.
  630         (e) LEVEL 5
  631  
  632  
  633  FloridaStatute    FelonyDegree           Description            
  634  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  635  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  636  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  637  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  638  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  639  379.3671 (2)(c)3.    3rd   Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  640  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  641  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  642  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  643  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  644  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  645  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  646  790.01(2)            3rd   Carrying a concealed firearm.     
  647  790.162              2nd   Threat to throw or discharge destructive device.
  648  790.163(1)           2nd   False report of deadly explosive or weapon of mass destruction.
  649  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  650  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  651  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  652  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  653  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  654  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  655  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  656  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  657  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  658  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  659  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  660  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  661  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  662  817.2341(1), (2)(a) & (3)(a)   3rd   Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  663  817.568(2)(b)        2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons individuals.
  664  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  665  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  666  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  667  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  668  839.13(2)(b)         2nd   Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  669  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
  670  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  671  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  672  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  673  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  674  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  675  893.13(1)(a)1.       2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  676  893.13(1)(c)2.       2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  677  893.13(1)(d)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
  678  893.13(1)(e)2.       2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  679  893.13(1)(f)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
  680  893.13(4)(b)         2nd   Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  681  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  682         Section 19. This act shall take effect October 1, 2015.