Florida Senate - 2015                              CS for SB 390
       
       
        
       By the Committee on Judiciary; and Senator Richter
       
       
       
       
       
       590-01681-15                                           2015390c1
    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 for verification of a
   12         victim’s identity and claim; providing procedures for
   13         claims; requiring that certain information be provided
   14         to victims without charge; specifying circumstances in
   15         which business entities may decline to provide
   16         information; providing a limitation on civil liability
   17         for business entities that provide information;
   18         specifying that no new record retention is required;
   19         providing an affirmative defense to business entities
   20         in actions seeking enforcement of provisions; amending
   21         s. 817.11, F.S.; making editorial changes;
   22         transferring, renumbering, and amending ss. 817.12 and
   23         817.13, F.S.; combining offense, penalty, and evidence
   24         provisions and transferring such provisions to s.
   25         817.11, F.S.; amending s. 817.14, F.S.; clarifying
   26         provisions; amending s. 817.15, F.S.; substituting the
   27         term “business entity” for the term “corporation”;
   28         amending ss. 817.17 and 817.18, F.S.; including
   29         counties and other political subdivisions in
   30         provisions prohibiting the false marking of goods or
   31         packaging with a location of origin; reorganizing
   32         penalty provisions; amending s. 817.19, F.S.;
   33         prohibiting fraudulent issuance of indicia of
   34         membership interest in a limited liability company;
   35         amending s. 817.39, F.S.; substituting the term
   36         “business entity” for the term “corporation”; amending
   37         s. 817.40, F.S.; specifying that the term “misleading
   38         advertising” includes electronic forms of
   39         dissemination; amending s. 817.411, F.S.; substituting
   40         the term “business entity” for the term “corporation”;
   41         specifying that certain false statements made through
   42         electronic means are prohibited; amending s. 817.412,
   43         F.S.; specifying that electronic statements are
   44         included in provisions prohibiting false
   45         representations of used goods as new; amending s.
   46         817.481, F.S.; clarifying provisions; amending s.
   47         817.50, F.S.; revising criminal penalties for
   48         fraudulently obtaining goods or services from a health
   49         care provider; amending s. 817.568, F.S.; expanding
   50         specified identity theft offenses to include all
   51         persons rather than being limited to natural persons;
   52         including dissolved business entities within certain
   53         offenses involving fraudulent use of personal
   54         identification information of deceased persons;
   55         amending s. 817.569, F.S.; prohibiting a person from
   56         knowingly providing false information that becomes
   57         part of a public record to facilitate or further the
   58         commission of certain offenses; providing criminal
   59         penalties; amending s. 921.0022, F.S.; conforming
   60         provisions to changes made by the act; providing an
   61         effective date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Section 817.011, Florida Statutes, is created to
   66  read:
   67         817.011 Definition.—As used in this chapter, the term
   68  “business entity” means any corporation, partnership, limited
   69  partnership, company, limited liability company, proprietorship,
   70  firm, enterprise, franchise, association, self-employed
   71  individual, or trust, whether fictitiously named or not, doing
   72  business in this state.
   73         Section 2. Section 817.02, Florida Statutes, is amended to
   74  read:
   75         817.02 Obtaining property by false personation.—
   76         (1) Whoever falsely personates or represents another
   77  person, and in such assumed character:
   78         (a) Receives any property intended to be delivered to that
   79  person the party so personated, with intent to convert the same
   80  to his or her own use; or
   81         (b) To the extent not subject to s. 817.568, damages the
   82  credit history or rating of, or otherwise causes harm to, the
   83  person whose identity has been assumed through the taking of
   84  property from any person,
   85  
   86  shall be punished as if he or she had been convicted of larceny.
   87         (2)(a) In sentencing a defendant convicted of a violation
   88  of this section, in addition to restitution to the victim under
   89  s. 775.089, the court may order restitution for the victim’s
   90  out-of-pocket costs, including attorney fees and fees associated
   91  with services provided by certified public accountants licensed
   92  under chapter 473, incurred by the victim in clearing the
   93  victim’s credit history or credit rating, or costs incurred in
   94  connection with a civil or administrative proceeding to satisfy
   95  a debt, lien, or other obligation of the victim arising as a
   96  result of the actions of the defendant.
   97         (b) The sentencing court may issue such orders as are
   98  necessary to correct a public record that contains false
   99  information given in violation of this section.
  100         (3)(a) A victim of the conduct subject to this section
  101  shall have a civil cause of action against a person who has
  102  engaged in the conduct prohibited by this section as provided in
  103  s. 772.11.
  104         (b) For purposes of this subsection, the term “victim”
  105  includes, to the extent not already included within s. 817.568,
  106  a person whose identity was falsely personated or who suffers a
  107  loss of property as a result of the false personation.
  108         Section 3. Section 817.032, Florida Statutes, is created to
  109  read:
  110         817.032 Information available to identity theft victims.—
  111         (1) DEFINITION.—As used in this section, the term “victim”
  112  means a person whose means of identification or financial
  113  information is used or transferred or is alleged to be used or
  114  transferred without the authority of that person with the intent
  115  to commit or to aid or abet an identity theft or a similar
  116  crime.
  117         (2) GENERALLY.—For the purpose of documenting fraudulent
  118  transactions resulting from identity theft, within 30 days after
  119  the date of receipt of a request from a victim in accordance
  120  with subsection (4), and subject to verification of the identity
  121  of the victim and the claim of identity theft in accordance with
  122  subsection (3), a business entity that has provided credit to;
  123  provided for consideration products, goods, or services to;
  124  accepted payment from; or otherwise entered into a commercial
  125  transaction for consideration with, a person who has allegedly
  126  made unauthorized use of the means of identification of the
  127  victim, shall provide a copy of the application and business
  128  transaction records in the control of the business entity,
  129  whether maintained by the business entity or by another person
  130  on behalf of the business entity, evidencing any transaction
  131  alleged to be a result of identity theft to:
  132         (a) The victim;
  133         (b) A federal, state, or local government law enforcement
  134  agency or officer specified by the victim in such a request; or
  135         (c) A law enforcement agency investigating the identity
  136  theft and authorized by the victim to take receipt of records
  137  provided under this section.
  138         (3) VERIFICATION OF IDENTITY AND CLAIM.—Before a business
  139  entity provides any information under subsection (2), unless the
  140  business entity, at its discretion, has a high degree of
  141  confidence that it knows the identity of the victim making a
  142  request under subsection (2), the victim shall provide to the
  143  business entity:
  144         (a) As proof of positive identification of the victim, at
  145  the election of the business entity:
  146         1. The presentation of a government-issued identification
  147  card;
  148         2. Personal identifying information of the same type as
  149  provided to the business entity by the unauthorized person; or
  150         3. Personal identifying information that the business
  151  entity typically requests from new applicants or for new
  152  transactions, at the time of the victim’s request for
  153  information, including any documentation described in
  154  subparagraphs 1. and 2.
  155         (b) As proof of a claim of identity theft, at the election
  156  of the business entity:
  157         1. A copy of a police report evidencing the claim of the
  158  victim of identity theft; or
  159         2. A properly completed affidavit of fact which is
  160  acceptable to the business entity for that purpose.
  161         (4) PROCEDURES.—The request of a victim under subsection
  162  (2) must:
  163         (a) Be in writing;
  164         (b) Be mailed or delivered to an address specified by the
  165  business entity, if any; and
  166         (c) If asked by the business entity, include relevant
  167  information about any transaction alleged to be a result of
  168  identity theft to facilitate compliance with this section,
  169  including:
  170         1. If known by the victim or readily obtainable by the
  171  victim, the date of the application or transaction.
  172         2. If known by the victim or readily obtainable by the
  173  victim, any other identifying information such as an account
  174  number or transaction number.
  175         (5) NO CHARGE TO VICTIM.—Information required to be
  176  provided under subsection (2) shall be provided without charge.
  177         (6) AUTHORITY TO DECLINE TO PROVIDE INFORMATION.—A business
  178  entity may decline to provide information under subsection (2)
  179  if, in the exercise of good faith, the business entity
  180  determines that:
  181         (a) This section does not require disclosure of the
  182  information;
  183         (b) After reviewing the information provided pursuant to
  184  subsection (3), the business entity does not have a high degree
  185  of confidence in knowing the true identity of the individual
  186  requesting the information;
  187         (c) The request for the information is based on a
  188  misrepresentation of fact by the individual requesting the
  189  information; or
  190         (d) The information requested is Internet navigational data
  191  or similar information about a person’s visit to a website or
  192  online service.
  193         (7) LIMITATION ON CIVIL LIABILITY.—A business entity may
  194  not be held civilly liable in this state for disclosure made in
  195  good faith pursuant to this section.
  196         (8) NO NEW RECORDKEEPING OBLIGATION.—This section does not
  197  create an obligation on the part of a business entity to obtain,
  198  retain, or maintain information or records that are not
  199  otherwise required to be obtained, retained, or maintained in
  200  the ordinary course of its business or under other applicable
  201  law.
  202         (9) AFFIRMATIVE DEFENSE.—In any civil action brought to
  203  enforce this section, it is an affirmative defense, which the
  204  defendant must establish by a preponderance of the evidence, for
  205  a business entity to file an affidavit or answer stating that:
  206         (a) The business entity has made a reasonably diligent
  207  search of its available business records.
  208         (b) The records requested under this section do not exist
  209  or are not reasonably available.
  210         Section 4. Section 817.11, Florida Statutes, is amended,
  211  and sections 817.12 and 817.13, Florida Statutes, are
  212  transferred and renumbered as subsections (2) and (3),
  213  respectively, of section 817.11, Florida Statutes, and amended,
  214  to read:
  215         817.11 Obtaining property by fraudulent promise to furnish
  216  inside information.—
  217         (1) A No person may not shall defraud or attempt to defraud
  218  any individual out of anything any thing of value by assuming to
  219  have or be able to obtain any secret, advance or inside
  220  information regarding any person, transaction, act or thing,
  221  whether such person, transaction, act or thing exists or not.
  222         (2) 817.12A person who violates this section commits
  223  Penalty for violation of s. 817.11.—Any person guilty of
  224  violating the provisions of s. 817.11 shall be deemed guilty of
  225  a felony of the third degree, punishable as provided in s.
  226  775.082, s. 775.083, or s. 775.084.
  227         (3) 817.13Paraphernalia as evidence of violation of s.
  228  817.11.—All paraphernalia of whatsoever kind in possession of
  229  any person and used in defrauding or attempting to defraud as
  230  specified in this section s. 817.11 shall be held and accepted
  231  by any court of competent jurisdiction in this state as prima
  232  facie evidence of guilt.
  233         Section 5. Section 817.14, Florida Statutes, is amended to
  234  read:
  235         817.14 Procuring assignments of produce upon false
  236  representations.—A Any person acting for himself or herself or
  237  another person, who shall procure any consignment of produce
  238  grown in this state, to himself or herself or such other, for
  239  sale on commission or for other compensation by any knowingly
  240  false representation as to the prevailing market price at such
  241  time for such produce at the point to which it is consigned, or
  242  as to the price which such person for whom he or she is acting
  243  is at said time paying to other consignors for like produce at
  244  said place, or as to the condition of the market for such
  245  produce at such time and place, and any such person acting for
  246  another who shall procure any consignment for sale as aforesaid
  247  by false representation of authority to him or her by such other
  248  to make a guaranteed price to the consignor, commits shall be
  249  guilty of a misdemeanor of the first degree, punishable as
  250  provided in s. 775.082 or s. 775.083.
  251         Section 6. Section 817.15, Florida Statutes, is amended to
  252  read:
  253         817.15 Making False entries in, etc., on books of business
  254  entity corporation.—Any officer, agent, clerk or servant of a
  255  business entity corporation who makes a false entry in the books
  256  thereof, with intent to defraud, and any person whose duty it is
  257  to make in such books a record or entry of the transfer of
  258  stock, or of the issuing and canceling of certificates thereof,
  259  or of the amount of stock issued by such business entity
  260  corporation, who omits to make a true record or entry thereof,
  261  with intent to defraud, commits shall be guilty of a felony of
  262  the third degree, punishable as provided in s. 775.082, s.
  263  775.083, or s. 775.084.
  264         Section 7. Section 817.17, Florida Statutes, is amended to
  265  read:
  266         817.17 Wrongful use of city, county, or other political
  267  subdivision name.—
  268         (1) A No person or persons engaged in manufacturing in this
  269  state, may not shall cause to be printed, stamped, marked,
  270  engraved or branded, upon any of the articles manufactured by
  271  them, or on any of the boxes, packages, or bands containing such
  272  manufactured articles, the name of any city, county, or other
  273  political subdivision of in the state, other than that in which
  274  said articles are manufactured; provided, that nothing in this
  275  section does not shall prohibit any person from offering for
  276  sale any goods having marked thereon the name of any city,
  277  county, or other political subdivision of the state in Florida
  278  other than that in which said goods were manufactured, if there
  279  be no manufactory of similar goods in the city, county, or other
  280  political subdivision the name of which is used.
  281         (2) A person violating this section commits a misdemeanor
  282  of the second degree, punishable as provided in s. 775.083.
  283         Section 8. Section 817.18, Florida Statutes, is amended to
  284  read:
  285         817.18 Wrongful marking with a city, county, or other
  286  political subdivision name stamping, marking, etc.; penalty.—
  287         (1) A No person may not shall knowingly sell or offer for
  288  sale, within the state, any manufactured articles which shall
  289  have printed, stamped, marked, engraved, or branded upon them,
  290  or upon the boxes, packages, or bands containing said
  291  manufactured articles, the name of any city, county, or other
  292  political subdivision of in the state, other than that in which
  293  such articles were manufactured; provided, that nothing in this
  294  section does not shall prohibit any person from offering for
  295  sale any goods, having marked thereon the name of any city,
  296  county, or other political subdivision of the state in Florida,
  297  other than that in which said goods are manufactured, if there
  298  be no manufactory of similar goods in the city, county, or other
  299  political subdivision the name of which is used.
  300         (2) A Any person violating the provisions of this or the
  301  preceding section commits shall be guilty of a misdemeanor of
  302  the second degree, punishable as provided in s. 775.083.
  303         Section 9. Section 817.19, Florida Statutes, is amended to
  304  read:
  305         817.19 Fraudulent issue of stock certificate or indicia of
  306  membership interest of stock of corporation.—Any officer, agent,
  307  clerk or servant of a corporation, or any other person, who
  308  fraudulently issues or transfers a certificate of stock of a
  309  corporation or indicia of a membership interest in a limited
  310  liability company to any person not entitled thereto, or
  311  fraudulently signs such certificate or other indicia of
  312  membership interest, in blank or otherwise, with the intent that
  313  it shall be so issued or transferred by himself or herself or
  314  any other person, commits shall be guilty of a felony of the
  315  third degree, punishable as provided in s. 775.082, s. 775.083,
  316  or s. 775.084.
  317         Section 10. Subsections (1) and (3) of section 817.39,
  318  Florida Statutes, are amended to read:
  319         817.39 Simulated forms of court or legal process, or
  320  official seal or stationery; publication, sale or circulation
  321  unlawful; penalty.—
  322         (1) Any person, firm, or business entity corporation who
  323  prints shall print, for the purpose of sale or distribution and
  324  for use in the state, or who circulates, publishes, or offers
  325  shall circulate, publish, or offer for sale any letter, paper,
  326  document, notice of intent to bring suit, or other notice or
  327  demand, which simulates a form of court or legal process, or any
  328  person who without authority of the state prints shall print,
  329  for the purpose of sale or distribution for use in the state, or
  330  who without authority of the state circulates, publishes, or
  331  offers shall circulate, publish, use, or offer for sale any
  332  letters, papers, or documents which simulate the seal of the
  333  state, or the stationery of a state agency or fictitious state
  334  agency commits is guilty of a misdemeanor of the second degree,
  335  punishable as provided in s. 775.082 or s. 775.083.
  336         (3) Nothing in This section does not shall prevent the
  337  printing, publication, sale, or distribution of genuine legal
  338  forms for the use of attorneys or clerks of courts.
  339         Section 11. Subsection (5) of section 817.40, Florida
  340  Statutes, is amended to read:
  341         817.40 False, misleading and deceptive advertising and
  342  sales; definitions.—When construing ss. 817.40, 817.41, 817.43
  343  817.47, and each and every word, phrase or part thereof, where
  344  the context will permit:
  345         (5) The phrase “misleading advertising” includes any
  346  statements made, or disseminated, in oral, written, electronic,
  347  or printed form or otherwise, to or before the public, or any
  348  portion thereof, which are known, or through the exercise of
  349  reasonable care or investigation could or might have been
  350  ascertained, to be untrue or misleading, and which are or were
  351  so made or disseminated with the intent or purpose, either
  352  directly or indirectly, of selling or disposing of real or
  353  personal property, services of any nature whatever, professional
  354  or otherwise, or to induce the public to enter into any
  355  obligation relating to such property or services.
  356         Section 12. Section 817.411, Florida Statutes, is amended
  357  to read:
  358         817.411 False information; advertising.—A No person, firm
  359  or business entity may not corporation shall knowingly publish,
  360  disseminate, circulate, or place before the public, or cause
  361  directly or indirectly, to be made, published, disseminated,
  362  circulated, or placed before the public, in a newspaper,
  363  magazine or other publication, or in the form of a notice,
  364  circular, pamphlet, letter or poster, or over any radio or
  365  television station, electronically, or in any other way, any
  366  advertisement, announcement, or statement containing any
  367  assertion, representation, or statement that commodities,
  368  mortgages, promissory notes, securities, or other things of
  369  value offered for sale are covered by insurance guaranties where
  370  such insurance is nonexistent or does not in fact insure against
  371  the risks covered.
  372         Section 13. Section 817.412, Florida Statutes, is amended
  373  to read:
  374         817.412 Sale of used goods as new; penalty.—
  375         (1) It is unlawful for a seller in a transaction where the
  376  purchase price of goods exceeds $100 to misrepresent orally, in
  377  writing, electronically, or by failure to speak that the goods
  378  are new or original when they are used or repossessed or where
  379  they have been used for sales demonstration.
  380         (2) A person who violates the provisions of this section
  381  commits a misdemeanor of the first degree, punishable as
  382  provided in s. 775.082 or s. 775.083.
  383         Section 14. Subsection (1) of section 817.481, Florida
  384  Statutes, is amended to read:
  385         817.481 Credit or purchases cards; obtaining illicitly
  386  goods by use of false, expired, etc.; penalty.—
  387         (1) It shall be unlawful for any person knowingly to obtain
  388  or attempt to obtain credit, or to purchase or attempt to
  389  purchase any goods, property, or service, by the use of any
  390  false, fictitious, counterfeit, or expired credit card,
  391  telephone number, credit number, or other credit device, or by
  392  the use of any credit card, telephone number, credit number, or
  393  other credit device of another person without the authority of
  394  the person to whom such card, number or device was issued, or by
  395  the use of any credit card, telephone number, credit number, or
  396  other credit device in any case where such card, number or
  397  device has been revoked and notice of revocation has been given
  398  to the person to whom issued.
  399         Section 15. Section 817.50, Florida Statutes, is amended to
  400  read:
  401         817.50 Fraudulently obtaining goods or, services, etc.,
  402  from a health care provider.—
  403         (1) Whoever shall, willfully and with intent to defraud,
  404  obtain or attempt to obtain goods, products, merchandise, or
  405  services from any health care provider in this state, as defined
  406  in s. 641.19(14), commits a felony misdemeanor of the third
  407  second degree, punishable as provided in s. 775.082, or s.
  408  775.083, or s. 775.084.
  409         (2) If any person gives to any health care provider in this
  410  state a false or fictitious name or a false or fictitious
  411  address or assigns to any health care provider the proceeds of
  412  any health maintenance contract or insurance contract, then
  413  knowing that such contract is no longer in force, is invalid, or
  414  is void for any reason, such action shall be prima facie
  415  evidence of the intent of such person to defraud the health care
  416  provider. However, this subsection does not apply to
  417  investigative actions taken by law enforcement officers for law
  418  enforcement purposes in the course of their official duties.
  419         Section 16. Paragraph (f) of subsection (1) and subsections
  420  (2), (4), (8), and (9) of section 817.568, Florida Statutes, are
  421  amended to read:
  422         817.568 Criminal use of personal identification
  423  information.—
  424         (1) As used in this section, the term:
  425         (f) “Personal identification information” means any name or
  426  number that may be used, alone or in conjunction with any other
  427  information, to identify a specific person individual, including
  428  any:
  429         1. Name, postal or electronic mail address, telephone
  430  number, social security number, date of birth, mother’s maiden
  431  name, official state-issued or United States-issued driver
  432  license or identification number, alien registration number,
  433  government passport number, employer or taxpayer identification
  434  number, Medicaid or food assistance account number, bank account
  435  number, credit or debit card number, or personal identification
  436  number or code assigned to the holder of a debit card by the
  437  issuer to permit authorized electronic use of such card;
  438         2. Unique biometric data, such as fingerprint, voice print,
  439  retina or iris image, or other unique physical representation;
  440         3. Unique electronic identification number, address, or
  441  routing code;
  442         4. Medical records;
  443         5. Telecommunication identifying information or access
  444  device; or
  445         6. Other number or information that can be used to access a
  446  person’s financial resources.
  447         (2)(a) Any person who willfully and without authorization
  448  fraudulently uses, or possesses with intent to fraudulently use,
  449  personal identification information concerning another person an
  450  individual without first obtaining that person’s individual’s
  451  consent, commits the offense of fraudulent use of personal
  452  identification information, which is a felony of the third
  453  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  454  775.084.
  455         (b) Any person who willfully and without authorization
  456  fraudulently uses personal identification information concerning
  457  a person an individual without first obtaining that person’s
  458  individual’s consent commits a felony of the second degree,
  459  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  460  if the pecuniary benefit, the value of the services received,
  461  the payment sought to be avoided, or the amount of the injury or
  462  fraud perpetrated is $5,000 or more or if the person
  463  fraudulently uses the personal identification information of 10
  464  or more persons individuals, but fewer than 20 persons
  465  individuals, without their consent. Notwithstanding any other
  466  provision of law, the court shall sentence any person convicted
  467  of committing the offense described in this paragraph to a
  468  mandatory minimum sentence of 3 years’ imprisonment.
  469         (c) Any person who willfully and without authorization
  470  fraudulently uses personal identification information concerning
  471  a person an individual without first obtaining that person’s
  472  individual’s consent commits a felony of the first degree,
  473  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  474  if the pecuniary benefit, the value of the services received,
  475  the payment sought to be avoided, or the amount of the injury or
  476  fraud perpetrated is $50,000 or more or if the person
  477  fraudulently uses the personal identification information of 20
  478  or more persons individuals, but fewer than 30 persons
  479  individuals, without their consent. Notwithstanding any other
  480  provision of law, the court shall sentence any person convicted
  481  of committing the offense described in this paragraph to a
  482  mandatory minimum sentence of 5 years’ imprisonment. If the
  483  pecuniary benefit, the value of the services received, the
  484  payment sought to be avoided, or the amount of the injury or
  485  fraud perpetrated is $100,000 or more, or if the person
  486  fraudulently uses the personal identification information of 30
  487  or more persons individuals without their consent,
  488  notwithstanding any other provision of law, the court shall
  489  sentence any person convicted of committing the offense
  490  described in this paragraph to a mandatory minimum sentence of
  491  10 years’ imprisonment.
  492         (4) Any person who willfully and without authorization
  493  possesses, uses, or attempts to use personal identification
  494  information concerning a person an individual without first
  495  obtaining that person’s individual’s consent, and who does so
  496  for the purpose of harassing that person individual, commits the
  497  offense of harassment by use of personal identification
  498  information, which is a misdemeanor of the first degree,
  499  punishable as provided in s. 775.082 or s. 775.083.
  500         (8)(a) Any person who willfully and fraudulently uses, or
  501  possesses with intent to fraudulently use, personal
  502  identification information concerning a deceased individual or
  503  dissolved business entity commits the offense of fraudulent use
  504  or possession with intent to use personal identification
  505  information of a deceased individual or dissolved business
  506  entity, a felony of the third degree, punishable as provided in
  507  s. 775.082, s. 775.083, or s. 775.084.
  508         (b) Any person who willfully and fraudulently uses personal
  509  identification information concerning a deceased individual or
  510  dissolved business entity commits a felony of the second degree,
  511  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  512  if the pecuniary benefit, the value of the services received,
  513  the payment sought to be avoided, or the amount of injury or
  514  fraud perpetrated is $5,000 or more, or if the person
  515  fraudulently uses the personal identification information of 10
  516  or more but fewer than 20 deceased individuals or dissolved
  517  business entities. Notwithstanding any other provision of law,
  518  the court shall sentence any person convicted of committing the
  519  offense described in this paragraph to a mandatory minimum
  520  sentence of 3 years’ imprisonment.
  521         (c) Any person who willfully and fraudulently uses personal
  522  identification information concerning a deceased individual or
  523  dissolved business entity commits the offense of aggravated
  524  fraudulent use of the personal identification information of
  525  multiple deceased individuals or dissolved business entities, a
  526  felony of the first degree, punishable as provided in s.
  527  775.082, s. 775.083, or s. 775.084, if the pecuniary benefit,
  528  the value of the services received, the payment sought to be
  529  avoided, or the amount of injury or fraud perpetrated is $50,000
  530  or more, or if the person fraudulently uses the personal
  531  identification information of 20 or more but fewer than 30
  532  deceased individuals or dissolved business entities.
  533  Notwithstanding any other provision of law, the court shall
  534  sentence any person convicted of the offense described in this
  535  paragraph to a minimum mandatory sentence of 5 years’
  536  imprisonment. If the pecuniary benefit, the value of the
  537  services received, the payment sought to be avoided, or the
  538  amount of the injury or fraud perpetrated is $100,000 or more,
  539  or if the person fraudulently uses the personal identification
  540  information of 30 or more deceased individuals or dissolved
  541  business entities, notwithstanding any other provision of law,
  542  the court shall sentence any person convicted of an offense
  543  described in this paragraph to a mandatory minimum sentence of
  544  10 years’ imprisonment.
  545         (9) Any person who willfully and fraudulently creates or
  546  uses, or possesses with intent to fraudulently use, counterfeit
  547  or fictitious personal identification information concerning a
  548  fictitious person individual, or concerning a real person
  549  individual without first obtaining that real person’s
  550  individual’s consent, with intent to use such counterfeit or
  551  fictitious personal identification information for the purpose
  552  of committing or facilitating the commission of a fraud on
  553  another person, commits the offense of fraudulent creation or
  554  use, or possession with intent to fraudulently use, counterfeit
  555  or fictitious personal identification information, a felony of
  556  the third degree, punishable as provided in s. 775.082, s.
  557  775.083, or s. 775.084.
  558         Section 17. Section 817.569, Florida Statutes, is amended
  559  to read:
  560         817.569 Criminal use of a public record or public records
  561  information; providing false information; penalties.—A person
  562  who knowingly uses any public record, as defined in s. 119.011,
  563  or who knowingly uses information obtainable only through such
  564  public record, or who knowingly provides false information that
  565  becomes part of a public record to facilitate or further the
  566  commission of:
  567         (1) A misdemeanor of the first degree, commits a
  568  misdemeanor of the first degree, punishable as provided in s.
  569  775.082 or s. 775.083.
  570         (2) A felony, commits a felony of the third degree,
  571  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  572         Section 18. Paragraphs (a) and (e) of subsection (3) of
  573  section 921.0022, Florida Statutes, are amended to read:
  574         921.0022 Criminal Punishment Code; offense severity ranking
  575  chart.—
  576         (3) OFFENSE SEVERITY RANKING CHART
  577         (a) LEVEL 1
  578  
  579  
  580  FloridaStatute    FelonyDegree           Description            
  581  24.118(3)(a)         3rd   Counterfeit or altered state lottery ticket.
  582  212.054(2)(b)        3rd   Discretionary sales surtax; limitations, administration, and collection.
  583  212.15(2)(b)         3rd   Failure to remit sales taxes, amount greater than $300 but less than $20,000.
  584  316.1935(1)          3rd   Fleeing or attempting to elude law enforcement officer.
  585  319.30(5)            3rd   Sell, exchange, give away certificate of title or identification number plate.
  586  319.35(1)(a)         3rd   Tamper, adjust, change, etc., an odometer.
  587  320.26(1)(a)         3rd   Counterfeit, manufacture, or sell registration license plates or validation stickers.
  588  322.212 (1)(a)-(c)   3rd   Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  589  322.212(4)           3rd   Supply or aid in supplying unauthorized driver license or identification card.
  590  322.212(5)(a)        3rd   False application for driver license or identification card.
  591  414.39(2)            3rd   Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
  592  414.39(3)(a)         3rd   Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  593  443.071(1)           3rd   False statement or representation to obtain or increase reemployment assistance benefits.
  594  509.151(1)           3rd   Defraud an innkeeper, food or lodging value greater than $300.
  595  517.302(1)           3rd   Violation of the Florida Securities and Investor Protection Act.
  596  562.27(1)            3rd   Possess still or still apparatus. 
  597  713.69               3rd   Tenant removes property upon which lien has accrued, value more than $50.
  598  812.014(3)(c)        3rd   Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  599  812.081(2)           3rd   Unlawfully makes or causes to be made a reproduction of a trade secret.
  600  815.04(5)(a)         3rd   Offense against intellectual property (i.e., computer programs, data).
  601  817.52(2)            3rd   Hiring with intent to defraud, motor vehicle services.
  602  817.569(2)           3rd   Use of public record or public records information or providing false information to facilitate commission of a felony.
  603  826.01               3rd   Bigamy.                           
  604  828.122(3)           3rd   Fighting or baiting animals.      
  605  831.04(1)            3rd   Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  606  831.31(1)(a)         3rd   Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  607  832.041(1)           3rd   Stopping payment with intent to defraud $150 or more.
  608  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.
  609  838.15(2)            3rd   Commercial bribe receiving.       
  610  838.16               3rd   Commercial bribery.               
  611  843.18               3rd   Fleeing by boat to elude a law enforcement officer.
  612  847.011(1)(a)        3rd   Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  613  849.01               3rd   Keeping gambling house.           
  614  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.
  615  849.23               3rd   Gambling-related machines; “common offender” as to property rights.
  616  849.25(2)            3rd   Engaging in bookmaking.           
  617  860.08               3rd   Interfere with a railroad signal. 
  618  860.13(1)(a)         3rd   Operate aircraft while under the influence.
  619  893.13(2)(a)2.       3rd   Purchase of cannabis.             
  620  893.13(6)(a)         3rd   Possession of cannabis (more than 20 grams).
  621  934.03(1)(a)         3rd   Intercepts, or procures any other person to intercept, any wire or oral communication.
  622         (e) LEVEL 5
  623  
  624  
  625  FloridaStatute    FelonyDegree           Description            
  626  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  627  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  628  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  629  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  630  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  631  379.3671 (2)(c)3.    3rd   Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  632  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  633  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  634  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  635  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  636  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  637  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  638  790.01(2)            3rd   Carrying a concealed firearm.     
  639  790.162              2nd   Threat to throw or discharge destructive device.
  640  790.163(1)           2nd   False report of deadly explosive or weapon of mass destruction.
  641  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  642  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  643  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  644  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  645  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  646  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  647  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  648  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  649  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  650  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  651  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  652  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  653  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  654  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.
  655  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.
  656  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  657  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  658  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  659  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  660  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.
  661  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
  662  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  663  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  664  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  665  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  666  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  667  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).
  668  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.
  669  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.
  670  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.
  671  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.
  672  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).
  673  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  674         Section 19. This act shall take effect October 1, 2015.