Florida Senate - 2015                CS for CS for CS for SB 390
       
       
        
       By the Committees on Fiscal Policy; Criminal Justice; and
       Judiciary; and Senator Richter
       
       
       
       
       594-04167-15                                           2015390c3
    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 that causing damage to a
    5         victim’s credit history or credit rating or otherwise
    6         causing harm to the victim in the course of falsely
    7         personating the victim is punishable; providing for
    8         restitution to victims for certain costs; authorizing
    9         the court to issue orders to correct a public record
   10         under certain circumstances; providing for a civil
   11         cause of action for certain victims; defining the term
   12         “victim”; creating s. 817.032, F.S.; defining the term
   13         “victim”; requiring business entities to provide
   14         copies of business records of fraudulent transactions
   15         involving identity theft to victims and law
   16         enforcement agencies in certain circumstances;
   17         providing an exception; providing for verification of
   18         a victim’s identity and claim; providing procedures
   19         for claims; requiring that certain information be
   20         provided to victims without charge; specifying
   21         circumstances in which business entities may decline
   22         to provide information; providing a limitation on
   23         civil liability for business entities that provide or
   24         decline to provide information in certain
   25         circumstances; specifying that no new record retention
   26         is required; providing an affirmative defense to
   27         business entities in actions seeking enforcement of
   28         provisions; amending s. 817.11, F.S.; making editorial
   29         changes; transferring, renumbering, and amending ss.
   30         817.12 and 817.13, F.S.; combining offense, penalty,
   31         and evidence provisions and transferring such
   32         provisions to s. 817.11, F.S.; amending s. 817.14,
   33         F.S.; clarifying provisions; amending s. 817.15, F.S.;
   34         substituting the term “business entity” for the term
   35         “corporation”; amending ss. 817.17 and 817.18, F.S.;
   36         including counties and other political subdivisions in
   37         provisions prohibiting the false marking of goods or
   38         packaging with a location of origin; reorganizing
   39         penalty provisions; amending s. 817.19, F.S.;
   40         prohibiting fraudulent issuance of indicia of
   41         membership interest in a limited liability company;
   42         amending s. 817.39, F.S.; substituting the term
   43         “business entity” for the term “corporation”; amending
   44         s. 817.40, F.S.; specifying that the term “misleading
   45         advertising” includes electronic forms of
   46         dissemination; amending s. 817.411, F.S.; substituting
   47         the term “business entity” for the term “corporation”;
   48         specifying that certain false statements made through
   49         electronic means are prohibited; amending s. 817.412,
   50         F.S.; specifying that electronic statements are
   51         included in provisions prohibiting false
   52         representations of used goods as new; creating s.
   53         817.414, F.S.; prohibiting the sale of counterfeit
   54         security company signs or decals; providing criminal
   55         penalties; amending s. 817.481, F.S.; clarifying
   56         provisions; amending s. 817.50, F.S.; revising
   57         criminal penalties for fraudulently obtaining goods or
   58         services from a health care provider; amending s.
   59         817.568, F.S.; expanding specified identity theft
   60         offenses to include all persons rather than being
   61         limited to natural persons; including dissolved
   62         business entities within certain offenses involving
   63         fraudulent use of personal identification information
   64         of deceased persons; amending s. 817.569, F.S.;
   65         prohibiting a person from knowingly providing false
   66         information that becomes part of a public record to
   67         facilitate or further the commission of certain
   68         offenses; providing criminal penalties; amending s.
   69         921.0022, F.S.; conforming provisions to changes made
   70         by the act; providing an effective date.
   71          
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Section 817.011, Florida Statutes, is created to
   75  read:
   76         817.011 Definition.—As used in this chapter, the term
   77  “business entity” means any corporation, partnership, limited
   78  partnership, company, limited liability company, proprietorship,
   79  firm, enterprise, franchise, association, self-employed
   80  individual, or trust, whether fictitiously named or not, doing
   81  business in this state.
   82         Section 2. Section 817.02, Florida Statutes, is amended to
   83  read:
   84         817.02 Obtaining property by false personation.—
   85         (1) Whoever falsely personates or represents another
   86  person, and in such assumed character:
   87         (a) Receives any property intended to be delivered to that
   88  person the party so personated, with intent to convert the same
   89  to his or her own use; or
   90         (b) To the extent not subject to s. 817.568, damages the
   91  credit history or credit rating of, or otherwise causes harm to,
   92  the person whose identity has been assumed through the taking of
   93  property from any person,
   94  
   95  shall be punished as if he or she had been convicted of larceny.
   96         (2)(a) In sentencing a defendant convicted of a violation
   97  of this section, in addition to restitution to the victim under
   98  s. 775.089, the court may order restitution for the victim’s
   99  out-of-pocket costs, including attorney fees and fees associated
  100  with services provided by certified public accountants licensed
  101  under chapter 473, incurred by the victim in clearing the
  102  victim’s credit history or credit rating, or costs incurred in
  103  connection with a civil or administrative proceeding to satisfy
  104  a debt, lien, or other obligation of the victim arising as a
  105  result of the actions of the defendant.
  106         (b) The sentencing court may issue such orders as are
  107  necessary to correct a public record that contains false
  108  information given in violation of this section.
  109         (3)(a) A victim of the conduct subject to this section
  110  shall have a civil cause of action against a person who has
  111  engaged in the conduct prohibited by this section as provided in
  112  s. 772.11.
  113         (b) For purposes of this subsection, the term “victim”
  114  includes, to the extent not already included within s. 817.568,
  115  a person whose identity was falsely personated or who suffers a
  116  loss of property as a result of the false personation.
  117         Section 3. Section 817.032, Florida Statutes, is created to
  118  read:
  119         817.032 Information available to identity theft victims.—
  120         (1) DEFINITION.—As used in this section, the term “victim”
  121  means a person whose means of identification or financial
  122  information is used or transferred or is alleged to be used or
  123  transferred without the authority of that person with the intent
  124  to commit or to aid or abet an identity theft or a similar
  125  crime.
  126         (2) GENERALLY.—
  127         (a) For the purpose of documenting fraudulent transactions
  128  resulting from identity theft, within 30 days after the date of
  129  receipt of a request from a victim in accordance with subsection
  130  (4), and subject to verification of the identity of the victim
  131  and the claim of identity theft in accordance with subsection
  132  (3), a business entity that has provided credit to; provided for
  133  consideration products, goods, or services to; accepted payment
  134  from; or otherwise entered into a commercial transaction for
  135  consideration with, a person who has allegedly made unauthorized
  136  use of the means of identification of the victim, shall provide
  137  a copy of the application and business transaction records in
  138  the control of the business entity, whether maintained by the
  139  business entity or by another person on behalf of the business
  140  entity, evidencing any transaction alleged to be a result of
  141  identity theft to:
  142         1. The victim;
  143         2. A federal, state, or local governmental law enforcement
  144  agency, or officer specified by the victim in such a request; or
  145         3. A law enforcement agency investigating the identity
  146  theft and authorized by the victim to take receipt of records
  147  provided under this section.
  148         (b) This subsection does not apply to a third party
  149  providing a service to effect, administer, facilitate, process,
  150  or enforce a financial transaction initiated by an individual.
  151         (3) VERIFICATION OF IDENTITY AND CLAIM.—Before a business
  152  entity provides any information under subsection (2), unless the
  153  business entity, at its discretion, has a high degree of
  154  confidence that it knows the identity of the victim making a
  155  request under subsection (2), the victim shall provide to the
  156  business entity:
  157         (a) As proof of positive identification of the victim, at
  158  the election of the business entity:
  159         1. The presentation of a government-issued identification
  160  card;
  161         2. Personal identifying information of the same type as
  162  provided to the business entity by the unauthorized person; or
  163         3. Personal identifying information that the business
  164  entity typically requests from new applicants or for new
  165  transactions, at the time of the victim’s request for
  166  information, including any documentation described in
  167  subparagraphs 1. and 2.
  168         (b) As proof of a claim of identity theft, at the election
  169  of the business entity:
  170         1. A copy of a police report evidencing the claim of the
  171  victim of identity theft; and
  172         2. A properly completed affidavit of fact which is
  173  acceptable to the business entity for that purpose.
  174         (4) PROCEDURES.—The request of a victim under subsection
  175  (2) must:
  176         (a) Be in writing;
  177         (b) Be mailed or delivered to an address specified by the
  178  business entity, if any; and
  179         (c) If asked by the business entity, include relevant
  180  information about any transaction alleged to be a result of
  181  identity theft to facilitate compliance with this section,
  182  including:
  183         1. If known by the victim or readily obtainable by the
  184  victim, the date of the application or transaction.
  185         2. If known by the victim or readily obtainable by the
  186  victim, any other identifying information such as an account
  187  number or transaction number.
  188         (5) NO CHARGE TO VICTIM.—Information required to be
  189  provided under subsection (2) shall be provided without charge.
  190         (6) AUTHORITY TO DECLINE TO PROVIDE INFORMATION.—A business
  191  entity may decline to provide information under subsection (2)
  192  if, in the exercise of good faith, the business entity
  193  determines that:
  194         (a) This section does not require disclosure of the
  195  information;
  196         (b) After reviewing the information provided pursuant to
  197  subsection (3), the business entity does not have a high degree
  198  of confidence in knowing the true identity of the individual
  199  requesting the information;
  200         (c) The request for the information is based on a
  201  misrepresentation of fact by the individual requesting the
  202  information;
  203         (d) The information requested is Internet navigational data
  204  or similar information about a person’s visit to a website or
  205  online service; or
  206         (e) The disclosure is otherwise prohibited by state or
  207  federal law.
  208         (7) LIMITATION ON CIVIL LIABILITY.—A business entity may
  209  not be held civilly liable in this state for a disclosure made
  210  in good faith pursuant to this section or a decision to decline
  211  to provide information as provided in subsection (6).
  212         (8) NO NEW RECORDKEEPING OBLIGATION.—This section does not
  213  create an obligation on the part of a business entity to obtain,
  214  retain, or maintain information or records that are not
  215  otherwise required to be obtained, retained, or maintained in
  216  the ordinary course of its business or under other applicable
  217  law.
  218         (9) AFFIRMATIVE DEFENSE.—In any civil action brought to
  219  enforce this section, it is an affirmative defense, which the
  220  defendant must establish by a preponderance of the evidence, for
  221  a business entity to file an affidavit or answer stating that:
  222         (a) The business entity has made a reasonably diligent
  223  search of its available business records.
  224         (b) The records requested under this section do not exist
  225  or are not reasonably available.
  226         Section 4. Section 817.11, Florida Statutes, is amended,
  227  and sections 817.12 and 817.13, Florida Statutes, are
  228  transferred and renumbered as subsections (2) and (3),
  229  respectively, of section 817.11, Florida Statutes, and amended,
  230  to read:
  231         817.11 Obtaining property by fraudulent promise to furnish
  232  inside information.—
  233         (1) A No person may not shall defraud or attempt to defraud
  234  any individual out of anything any thing of value by assuming to
  235  have or be able to obtain any secret, advance or inside
  236  information regarding any person, transaction, act or thing,
  237  whether such person, transaction, act or thing exists or not.
  238         (2)817.12A person who violates this section commits
  239  Penalty for violation of s. 817.11.—Any person guilty of
  240  violating the provisions of s. 817.11 shall be deemed guilty of
  241  a felony of the third degree, punishable as provided in s.
  242  775.082, s. 775.083, or s. 775.084.
  243         (3)817.13Paraphernalia as evidence of violation of s.
  244  817.11.—All paraphernalia of whatsoever kind in possession of
  245  any person and used in defrauding or attempting to defraud as
  246  specified in this section s. 817.11 shall be held and accepted
  247  by any court of competent jurisdiction in this state as prima
  248  facie evidence of guilt.
  249         Section 5. Section 817.14, Florida Statutes, is amended to
  250  read:
  251         817.14 Procuring assignments of produce upon false
  252  representations.—A Any person acting for himself or herself or
  253  another person, who shall procure any consignment of produce
  254  grown in this state, to himself or herself or such other, for
  255  sale on commission or for other compensation by any knowingly
  256  false representation as to the prevailing market price at such
  257  time for such produce at the point to which it is consigned, or
  258  as to the price which such person for whom he or she is acting
  259  is at said time paying to other consignors for like produce at
  260  said place, or as to the condition of the market for such
  261  produce at such time and place, and any such person acting for
  262  another who shall procure any consignment for sale as aforesaid
  263  by false representation of authority to him or her by such other
  264  to make a guaranteed price to the consignor, commits shall be
  265  guilty of a misdemeanor of the first degree, punishable as
  266  provided in s. 775.082 or s. 775.083.
  267         Section 6. Section 817.15, Florida Statutes, is amended to
  268  read:
  269         817.15 Making False entries in, etc., on books of business
  270  entity corporation.—Any officer, agent, clerk or servant of a
  271  business entity corporation who makes a false entry in the books
  272  thereof, with intent to defraud, and any person whose duty it is
  273  to make in such books a record or entry of the transfer of
  274  stock, or of the issuing and canceling of certificates thereof,
  275  or of the amount of stock issued by such business entity
  276  corporation, who omits to make a true record or entry thereof,
  277  with intent to defraud, commits shall be guilty of a felony of
  278  the third degree, punishable as provided in s. 775.082, s.
  279  775.083, or s. 775.084.
  280         Section 7. Section 817.17, Florida Statutes, is amended to
  281  read:
  282         817.17 Wrongful use of city, county, or other political
  283  subdivision name.—
  284         (1) A No person or persons engaged in manufacturing in this
  285  state, may not shall cause to be printed, stamped, marked,
  286  engraved or branded, upon any of the articles manufactured by
  287  them, or on any of the boxes, packages, or bands containing such
  288  manufactured articles, the name of any city, county, or other
  289  political subdivision of in the state, other than that in which
  290  said articles are manufactured; provided, that nothing in this
  291  section does not shall prohibit any person from offering for
  292  sale any goods having marked thereon the name of any city,
  293  county, or other political subdivision of the state in Florida
  294  other than that in which said goods were manufactured, if there
  295  be no manufactory of similar goods in the city, county, or other
  296  political subdivision the name of which is used.
  297         (2) A person violating this section commits a misdemeanor
  298  of the second degree, punishable as provided in s. 775.083.
  299         Section 8. Section 817.18, Florida Statutes, is amended to
  300  read:
  301         817.18 Wrongful marking with a city, county, or other
  302  political subdivision name stamping, marking, etc.; penalty.—
  303         (1) A No person may not shall knowingly sell or offer for
  304  sale, within the state, any manufactured articles which shall
  305  have printed, stamped, marked, engraved, or branded upon them,
  306  or upon the boxes, packages, or bands containing said
  307  manufactured articles, the name of any city, county, or other
  308  political subdivision of in the state, other than that in which
  309  such articles were manufactured; provided, that nothing in this
  310  section does not shall prohibit any person from offering for
  311  sale any goods, having marked thereon the name of any city,
  312  county, or other political subdivision of the state in Florida,
  313  other than that in which said goods are manufactured, if there
  314  be no manufactory of similar goods in the city, county, or other
  315  political subdivision the name of which is used.
  316         (2) A Any person violating the provisions of this or the
  317  preceding section commits shall be guilty of a misdemeanor of
  318  the second degree, punishable as provided in s. 775.083.
  319         Section 9. Section 817.19, Florida Statutes, is amended to
  320  read:
  321         817.19 Fraudulent issue of stock certificate or indicia of
  322  membership interest of stock of corporation.—Any officer, agent,
  323  clerk or servant of a corporation, or any other person, who
  324  fraudulently issues or transfers a certificate of stock of a
  325  corporation or indicia of a membership interest in a limited
  326  liability company to any person not entitled thereto, or
  327  fraudulently signs such certificate or other indicia of
  328  membership interest, in blank or otherwise, with the intent that
  329  it shall be so issued or transferred by himself or herself or
  330  any other person, commits shall be guilty of a felony of the
  331  third degree, punishable as provided in s. 775.082, s. 775.083,
  332  or s. 775.084.
  333         Section 10. Subsections (1) and (3) of section 817.39,
  334  Florida Statutes, are amended to read:
  335         817.39 Simulated forms of court or legal process, or
  336  official seal or stationery; publication, sale or circulation
  337  unlawful; penalty.—
  338         (1) Any person, firm, or business entity corporation who
  339  prints shall print, for the purpose of sale or distribution and
  340  for use in the state, or who circulates, publishes, or offers
  341  shall circulate, publish, or offer for sale any letter, paper,
  342  document, notice of intent to bring suit, or other notice or
  343  demand, which simulates a form of court or legal process, or any
  344  person who without authority of the state prints shall print,
  345  for the purpose of sale or distribution for use in the state, or
  346  who without authority of the state circulates, publishes, or
  347  offers shall circulate, publish, use, or offer for sale any
  348  letters, papers, or documents which simulate the seal of the
  349  state, or the stationery of a state agency or fictitious state
  350  agency commits is guilty of a misdemeanor of the second degree,
  351  punishable as provided in s. 775.082 or s. 775.083.
  352         (3) Nothing in This section does not shall prevent the
  353  printing, publication, sale, or distribution of genuine legal
  354  forms for the use of attorneys or clerks of courts.
  355         Section 11. Subsection (5) of section 817.40, Florida
  356  Statutes, is amended to read:
  357         817.40 False, misleading and deceptive advertising and
  358  sales; definitions.—When construing ss. 817.40, 817.41, 817.43
  359  817.47, and each and every word, phrase or part thereof, where
  360  the context will permit:
  361         (5) The phrase “misleading advertising” includes any
  362  statements made, or disseminated, in oral, written, electronic,
  363  or printed form or otherwise, to or before the public, or any
  364  portion thereof, which are known, or through the exercise of
  365  reasonable care or investigation could or might have been
  366  ascertained, to be untrue or misleading, and which are or were
  367  so made or disseminated with the intent or purpose, either
  368  directly or indirectly, of selling or disposing of real or
  369  personal property, services of any nature whatever, professional
  370  or otherwise, or to induce the public to enter into any
  371  obligation relating to such property or services.
  372         Section 12. Section 817.411, Florida Statutes, is amended
  373  to read:
  374         817.411 False information; advertising.—A No person, firm
  375  or business entity may not corporation shall knowingly publish,
  376  disseminate, circulate, or place before the public, or cause
  377  directly or indirectly, to be made, published, disseminated,
  378  circulated, or placed before the public, in a newspaper,
  379  magazine or other publication, or in the form of a notice,
  380  circular, pamphlet, letter or poster, or over any radio or
  381  television station, electronically, or in any other way, any
  382  advertisement, announcement, or statement containing any
  383  assertion, representation, or statement that commodities,
  384  mortgages, promissory notes, securities, or other things of
  385  value offered for sale are covered by insurance guaranties where
  386  such insurance is nonexistent or does not in fact insure against
  387  the risks covered.
  388         Section 13. Section 817.412, Florida Statutes, is amended
  389  to read:
  390         817.412 Sale of used goods as new; penalty.—
  391         (1) It is unlawful for a seller in a transaction where the
  392  purchase price of goods exceeds $100 to misrepresent orally, in
  393  writing, electronically, or by failure to speak that the goods
  394  are new or original when they are used or repossessed or where
  395  they have been used for sales demonstration.
  396         (2) A person who violates the provisions of this section
  397  commits a misdemeanor of the first degree, punishable as
  398  provided in s. 775.082 or s. 775.083.
  399         Section 14. Section 817.414, Florida Statutes, is created
  400  to read:
  401         817.414 Sale of counterfeit security signs and decals.—A
  402  person who willfully and knowingly sells or attempts to sell a
  403  counterfeit sign or decal in this state with the name or logo of
  404  a security company without the express written consent of the
  405  company commits:
  406         (1) For the first offense, a misdemeanor of the second
  407  degree, punishable as provided in s. 775.082 or s. 775.083.
  408         (2) For a second or subsequent offense, a misdemeanor of
  409  the first degree, punishable as provided in s. 775.082 or s.
  410  775.083.
  411         Section 15. Subsection (1) of section 817.481, Florida
  412  Statutes, is amended to read:
  413         817.481 Credit or purchases cards; obtaining illicitly
  414  goods by use of false, expired, etc.; penalty.—
  415         (1) It shall be unlawful for any person knowingly to obtain
  416  or attempt to obtain credit, or to purchase or attempt to
  417  purchase any goods, property, or service, by the use of any
  418  false, fictitious, counterfeit, or expired credit card,
  419  telephone number, credit number, or other credit device, or by
  420  the use of any credit card, telephone number, credit number, or
  421  other credit device of another person without the authority of
  422  the person to whom such card, number or device was issued, or by
  423  the use of any credit card, telephone number, credit number, or
  424  other credit device in any case where such card, number or
  425  device has been revoked and notice of revocation has been given
  426  to the person to whom issued.
  427         Section 16. Section 817.50, Florida Statutes, is amended to
  428  read:
  429         817.50 Fraudulently obtaining goods or, services, etc.,
  430  from a health care provider.—
  431         (1) Whoever shall, willfully and with intent to defraud,
  432  obtain or attempt to obtain goods, products, merchandise, or
  433  services from any health care provider in this state, as defined
  434  in s. 641.19(14), commits a felony misdemeanor of the third
  435  second degree, punishable as provided in s. 775.082, or s.
  436  775.083, or s. 775.084.
  437         (2) If any person gives to any health care provider in this
  438  state a false or fictitious name or a false or fictitious
  439  address or assigns to any health care provider the proceeds of
  440  any health maintenance contract or insurance contract, then
  441  knowing that such contract is no longer in force, is invalid, or
  442  is void for any reason, such action shall be prima facie
  443  evidence of the intent of such person to defraud the health care
  444  provider. However, this subsection does not apply to
  445  investigative actions taken by law enforcement officers for law
  446  enforcement purposes in the course of their official duties.
  447         Section 17. Paragraph (f) of subsection (1) and subsections
  448  (2), (4), (8), and (9) of section 817.568, Florida Statutes, are
  449  amended to read:
  450         817.568 Criminal use of personal identification
  451  information.—
  452         (1) As used in this section, the term:
  453         (f) “Personal identification information” means any name or
  454  number that may be used, alone or in conjunction with any other
  455  information, to identify a specific person individual, including
  456  any:
  457         1. Name, postal or electronic mail address, telephone
  458  number, social security number, date of birth, mother’s maiden
  459  name, official state-issued or United States-issued driver
  460  license or identification number, alien registration number,
  461  government passport number, employer or taxpayer identification
  462  number, Medicaid or food assistance account number, bank account
  463  number, credit or debit card number, or personal identification
  464  number or code assigned to the holder of a debit card by the
  465  issuer to permit authorized electronic use of such card;
  466         2. Unique biometric data, such as fingerprint, voice print,
  467  retina or iris image, or other unique physical representation;
  468         3. Unique electronic identification number, address, or
  469  routing code;
  470         4. Medical records;
  471         5. Telecommunication identifying information or access
  472  device; or
  473         6. Other number or information that can be used to access a
  474  person’s financial resources.
  475         (2)(a) Any person who willfully and without authorization
  476  fraudulently uses, or possesses with intent to fraudulently use,
  477  personal identification information concerning another person an
  478  individual without first obtaining that person’s individual’s
  479  consent, commits the offense of fraudulent use of personal
  480  identification information, which is a felony of the third
  481  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  482  775.084.
  483         (b) Any person who willfully and without authorization
  484  fraudulently uses personal identification information concerning
  485  a person an individual without first obtaining that person’s
  486  individual’s consent commits a felony of the second degree,
  487  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  488  if the pecuniary benefit, the value of the services received,
  489  the payment sought to be avoided, or the amount of the injury or
  490  fraud perpetrated is $5,000 or more or if the person
  491  fraudulently uses the personal identification information of 10
  492  or more persons individuals, but fewer than 20 persons
  493  individuals, without their consent. Notwithstanding any other
  494  provision of law, the court shall sentence any person convicted
  495  of committing the offense described in this paragraph to a
  496  mandatory minimum sentence of 3 years’ imprisonment.
  497         (c) Any person who willfully and without authorization
  498  fraudulently uses personal identification information concerning
  499  a person an individual without first obtaining that person’s
  500  individual’s consent commits a felony of the first degree,
  501  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  502  if the pecuniary benefit, the value of the services received,
  503  the payment sought to be avoided, or the amount of the injury or
  504  fraud perpetrated is $50,000 or more or if the person
  505  fraudulently uses the personal identification information of 20
  506  or more persons individuals, but fewer than 30 persons
  507  individuals, without their consent. Notwithstanding any other
  508  provision of law, the court shall sentence any person convicted
  509  of committing the offense described in this paragraph to a
  510  mandatory minimum sentence of 5 years’ imprisonment. If the
  511  pecuniary benefit, the value of the services received, the
  512  payment sought to be avoided, or the amount of the injury or
  513  fraud perpetrated is $100,000 or more, or if the person
  514  fraudulently uses the personal identification information of 30
  515  or more persons individuals without their consent,
  516  notwithstanding any other provision of law, the court shall
  517  sentence any person convicted of committing the offense
  518  described in this paragraph to a mandatory minimum sentence of
  519  10 years’ imprisonment.
  520         (4) Any person who willfully and without authorization
  521  possesses, uses, or attempts to use personal identification
  522  information concerning a person an individual without first
  523  obtaining that person’s individual’s consent, and who does so
  524  for the purpose of harassing that person individual, commits the
  525  offense of harassment by use of personal identification
  526  information, which is a misdemeanor of the first degree,
  527  punishable as provided in s. 775.082 or s. 775.083.
  528         (8)(a) Any person who willfully and fraudulently uses, or
  529  possesses with intent to fraudulently use, personal
  530  identification information concerning a deceased individual or
  531  dissolved business entity commits the offense of fraudulent use
  532  or possession with intent to use personal identification
  533  information of a deceased individual or dissolved business
  534  entity, a felony of the third degree, punishable as provided in
  535  s. 775.082, s. 775.083, or s. 775.084.
  536         (b) Any person who willfully and fraudulently uses personal
  537  identification information concerning a deceased individual or
  538  dissolved business entity commits a felony of the second degree,
  539  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  540  if the pecuniary benefit, the value of the services received,
  541  the payment sought to be avoided, or the amount of injury or
  542  fraud perpetrated is $5,000 or more, or if the person
  543  fraudulently uses the personal identification information of 10
  544  or more but fewer than 20 deceased individuals or dissolved
  545  business entities. Notwithstanding any other provision of law,
  546  the court shall sentence any person convicted of committing the
  547  offense described in this paragraph to a mandatory minimum
  548  sentence of 3 years’ imprisonment.
  549         (c) Any person who willfully and fraudulently uses personal
  550  identification information concerning a deceased individual or
  551  dissolved business entity commits the offense of aggravated
  552  fraudulent use of the personal identification information of
  553  multiple deceased individuals or dissolved business entities, a
  554  felony of the first degree, punishable as provided in s.
  555  775.082, s. 775.083, or s. 775.084, if the pecuniary benefit,
  556  the value of the services received, the payment sought to be
  557  avoided, or the amount of injury or fraud perpetrated is $50,000
  558  or more, or if the person fraudulently uses the personal
  559  identification information of 20 or more but fewer than 30
  560  deceased individuals or dissolved business entities.
  561  Notwithstanding any other provision of law, the court shall
  562  sentence any person convicted of the offense described in this
  563  paragraph to a minimum mandatory sentence of 5 years’
  564  imprisonment. If the pecuniary benefit, the value of the
  565  services received, the payment sought to be avoided, or the
  566  amount of the injury or fraud perpetrated is $100,000 or more,
  567  or if the person fraudulently uses the personal identification
  568  information of 30 or more deceased individuals or dissolved
  569  business entities, notwithstanding any other provision of law,
  570  the court shall sentence any person convicted of an offense
  571  described in this paragraph to a mandatory minimum sentence of
  572  10 years’ imprisonment.
  573         (9) Any person who willfully and fraudulently creates or
  574  uses, or possesses with intent to fraudulently use, counterfeit
  575  or fictitious personal identification information concerning a
  576  fictitious person individual, or concerning a real person
  577  individual without first obtaining that real person’s
  578  individual’s consent, with intent to use such counterfeit or
  579  fictitious personal identification information for the purpose
  580  of committing or facilitating the commission of a fraud on
  581  another person, commits the offense of fraudulent creation or
  582  use, or possession with intent to fraudulently use, counterfeit
  583  or fictitious personal identification information, a felony of
  584  the third degree, punishable as provided in s. 775.082, s.
  585  775.083, or s. 775.084.
  586         Section 18. Section 817.569, Florida Statutes, is amended
  587  to read:
  588         817.569 Criminal use of a public record or public records
  589  information; providing false information; penalties.—A person
  590  who knowingly uses any public record, as defined in s. 119.011,
  591  or who knowingly uses information obtainable only through such
  592  public record, or who knowingly provides false information that
  593  becomes part of a public record to facilitate or further the
  594  commission of:
  595         (1) A misdemeanor of the first degree, commits a
  596  misdemeanor of the first degree, punishable as provided in s.
  597  775.082 or s. 775.083.
  598         (2) A felony, commits a felony of the third degree,
  599  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  600         Section 19. Paragraphs (a) and (e) of subsection (3) of
  601  section 921.0022, Florida Statutes, are amended to read:
  602         921.0022 Criminal Punishment Code; offense severity ranking
  603  chart.—
  604         (3) OFFENSE SEVERITY RANKING CHART
  605         (a) LEVEL 1
  606  
  607  
  608  FloridaStatute    FelonyDegree           Description            
  609  24.118(3)(a)         3rd   Counterfeit or altered state lottery ticket.
  610  212.054(2)(b)        3rd   Discretionary sales surtax; limitations, administration, and collection.
  611  212.15(2)(b)         3rd   Failure to remit sales taxes, amount greater than $300 but less than $20,000.
  612  316.1935(1)          3rd   Fleeing or attempting to elude law enforcement officer.
  613  319.30(5)            3rd   Sell, exchange, give away certificate of title or identification number plate.
  614  319.35(1)(a)         3rd   Tamper, adjust, change, etc., an odometer.
  615  320.26(1)(a)         3rd   Counterfeit, manufacture, or sell registration license plates or validation stickers.
  616  322.212 (1)(a)-(c)   3rd   Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  617  322.212(4)           3rd   Supply or aid in supplying unauthorized driver license or identification card.
  618  322.212(5)(a)        3rd   False application for driver license or identification card.
  619  414.39(2)            3rd   Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
  620  414.39(3)(a)         3rd   Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  621  443.071(1)           3rd   False statement or representation to obtain or increase reemployment assistance benefits.
  622  509.151(1)           3rd   Defraud an innkeeper, food or lodging value greater than $300.
  623  517.302(1)           3rd   Violation of the Florida Securities and Investor Protection Act.
  624  562.27(1)            3rd   Possess still or still apparatus. 
  625  713.69               3rd   Tenant removes property upon which lien has accrued, value more than $50.
  626  812.014(3)(c)        3rd   Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  627  812.081(2)           3rd   Unlawfully makes or causes to be made a reproduction of a trade secret.
  628  815.04(5)(a)         3rd   Offense against intellectual property (i.e., computer programs, data).
  629  817.52(2)            3rd   Hiring with intent to defraud, motor vehicle services.
  630  817.569(2)           3rd   Use of public record or public records information or providing false information to facilitate commission of a felony.
  631  826.01               3rd   Bigamy.                           
  632  828.122(3)           3rd   Fighting or baiting animals.      
  633  831.04(1)            3rd   Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  634  831.31(1)(a)         3rd   Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  635  832.041(1)           3rd   Stopping payment with intent to defraud $150 or more.
  636  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.
  637  838.15(2)            3rd   Commercial bribe receiving.       
  638  838.16               3rd   Commercial bribery.               
  639  843.18               3rd   Fleeing by boat to elude a law enforcement officer.
  640  847.011(1)(a)        3rd   Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  641  849.01               3rd   Keeping gambling house.           
  642  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.
  643  849.23               3rd   Gambling-related machines; “common offender” as to property rights.
  644  849.25(2)            3rd   Engaging in bookmaking.           
  645  860.08               3rd   Interfere with a railroad signal. 
  646  860.13(1)(a)         3rd   Operate aircraft while under the influence.
  647  893.13(2)(a)2.       3rd   Purchase of cannabis.             
  648  893.13(6)(a)         3rd   Possession of cannabis (more than 20 grams).
  649  934.03(1)(a)         3rd   Intercepts, or procures any other person to intercept, any wire or oral communication.
  650         (e) LEVEL 5
  651  
  652  
  653  FloridaStatute    FelonyDegree           Description            
  654  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  655  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  656  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  657  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  658  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  659  379.3671 (2)(c)3.    3rd   Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  660  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  661  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  662  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  663  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  664  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  665  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  666  790.01(2)            3rd   Carrying a concealed firearm.     
  667  790.162              2nd   Threat to throw or discharge destructive device.
  668  790.163(1)           2nd   False report of deadly explosive or weapon of mass destruction.
  669  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  670  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  671  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  672  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  673  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  674  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  675  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  676  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  677  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  678  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  679  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  680  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  681  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  682  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.
  683  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.
  684  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  685  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  686  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  687  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  688  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.
  689  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
  690  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  691  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  692  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  693  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  694  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  695  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).
  696  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.
  697  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.
  698  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.
  699  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.
  700  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).
  701  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  702         Section 20. This act shall take effect October 1, 2015.