Senate Bill sb0524

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    Florida Senate - 2001                                   SB 524

    By Senator Burt





    16-405-01

  1                      A bill to be entitled

  2         An act relating to the criminal use of personal

  3         information; amending s. 817.568, F.S.;

  4         providing enhanced penalties for certain

  5         offenses involving the criminal use of

  6         personal-identification information if the

  7         offense was facilitated by the use of a public

  8         record; requiring that such offense be

  9         prosecuted in the county where the victim

10         resides or in a county where any element of the

11         offense occurred; limiting the time within

12         which a person who fraudulently uses

13         personal-identification information must be

14         prosecuted; amending s. 921.0022, F.S.,

15         relating to the the offense severity ranking

16         chart of the Criminal Punishment Code;

17         conforming provisions to changes made by the

18         act; providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Section 817.568, Florida Statutes, is

23  amended to read:

24         817.568  Criminal use of personal identification

25  information.--

26         (1)  As used in this section, the term:

27         (a)  "Access device" means any card, plate, code,

28  account number, electronic serial number, mobile

29  identification number, personal identification number, or

30  other telecommunications service, equipment, or instrument

31  identifier, or other means of account access that can be used,

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    Florida Senate - 2001                                   SB 524
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  1  alone or in conjunction with another access device, to obtain

  2  money, goods, services, or any other thing of value, or that

  3  can be used to initiate a transfer of funds, other than a

  4  transfer originated solely by paper instrument.

  5         (b)  "Authorization" means empowerment, permission, or

  6  competence to act.

  7         (c)  "Harass" means to engage in conduct directed at a

  8  specific person that is intended to cause substantial

  9  emotional distress to such person and serves no legitimate

10  purpose. "Harass" does not mean to use personal identification

11  information for accepted commercial purposes. The term does

12  not include constitutionally protected conduct such as

13  organized protests or the use of personal identification

14  information for accepted commercial purposes.

15         (d)  "Individual" means a single human being and does

16  not mean a firm, association of individuals, corporation,

17  partnership, joint venture, sole proprietorship, or any other

18  entity.

19         (e)  "Person" means a "person" as defined in s.

20  1.01(3).

21         (f)  "Personal identification information" means any

22  name or number that may be used, alone or in conjunction with

23  any other information, to identify a specific individual,

24  including any:

25         1.  Name, social security number, date of birth,

26  official state-issued or United States-issued driver's license

27  or identification number, alien registration number,

28  government passport number, employer or taxpayer

29  identification number, or Medicaid or food stamp account

30  number;

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    Florida Senate - 2001                                   SB 524
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  1         2.  Unique biometric data, such as fingerprint, voice

  2  print, retina or iris image, or other unique physical

  3  representation;

  4         3.  Unique electronic identification number, address,

  5  or routing code; or

  6         4.  Telecommunication identifying information or access

  7  device.

  8         (2)  Any person who willfully and without authorization

  9  fraudulently uses, or possesses with intent to fraudulently

10  use, personal identification information concerning an

11  individual without first obtaining that individual's consent,

12  commits the offense of fraudulent use of personal

13  identification information, which is a felony of the third

14  degree, punishable as provided in s. 775.082, s. 775.083, or

15  s. 775.084.

16         (3)  Any person who willfully and without authorization

17  possesses, uses, or attempts to use personal identification

18  information concerning an individual without first obtaining

19  that individual's consent, and who does so for the purpose of

20  harassing that individual, commits the offense of harassment

21  by use of personal identification information, which is a

22  misdemeanor of the first degree, punishable as provided in s.

23  775.082 or s. 775.083.

24         (4)  If an offense prohibited under this section was

25  facilitated or furthered by the use of a public record, as

26  defined in s. 119.011, the offense is reclassified to the next

27  higher degree as follows:

28         (a)  A misdemeanor of the first degree is reclassified

29  as a felony of the third degree.

30         (b)  A felony of the third degree is reclassified as a

31  felony of the second degree.

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  1         (5)(4)  This section does not prohibit any lawfully

  2  authorized investigative, protective, or intelligence activity

  3  of a law enforcement agency of this state or any of its

  4  political subdivisions, of any other state or its political

  5  subdivisions, or of the Federal Government or its political

  6  subdivisions.

  7         (6)(5)(a)  In sentencing a defendant convicted of an

  8  offense under this section, the court may order that the

  9  defendant make restitution pursuant to s. 775.089 to any

10  victim of the offense.  In addition to the victim's

11  out-of-pocket costs, such restitution may include payment of

12  any other costs, including attorney's fees incurred by the

13  victim in clearing the victim's credit history or credit

14  rating, or any costs incurred in connection with any civil or

15  administrative proceeding to satisfy any debt, lien, or other

16  obligation of the victim arising as the result of the actions

17  of the defendant.

18         (b)  The sentencing court may issue such orders as are

19  necessary to correct any public record that contains false

20  information given in violation of this section.

21         (7)(6)  Prosecutions for violations of this section may

22  be brought on behalf of the state by any state attorney or by

23  the statewide prosecutor.

24         (8)  The proper venue for prosecuting a violation of

25  this section is the county where the victim resides or a

26  county in which any element of the violation was committed.

27         (9)  A prosecution of an offense prohibited under

28  subsection (2) must be commenced within 3 years after the

29  offense occurred. However, a prosecution may be commenced

30  within 1 year after discovery of the offense by an aggrieved

31  party, or by a person who has a legal duty to represent the

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  1  aggrieved party and who is not a party to the offense, if such

  2  prosecution is commenced within 5 years after the violation

  3  occurred.

  4         Section 2.  Paragraphs (b) and (d) of subsection (3) of

  5  section 921.0022, Florida Statutes, are amended to read:

  6         921.0022  Criminal Punishment Code; offense severity

  7  ranking chart.--

  8         (3)  OFFENSE SEVERITY RANKING CHART

  9

10  Florida           Felony

11  Statute           Degree             Description

12

13

14                              (b)  LEVEL 2

15  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

16                              lbs. in weight or 100 cubic feet

17                              in volume or any quantity for

18                              commercial purposes, or hazardous

19                              waste.

20  517.07             3rd      Registration of securities and

21                              furnishing of prospectus

22                              required.

23  590.28(1)          3rd      Willful, malicious, or

24                              intentional burning.

25  784.05(3)          3rd      Storing or leaving a loaded

26                              firearm within reach of minor who

27                              uses it to inflict injury or

28                              death.

29  787.04(1)          3rd      In violation of court order,

30                              take, entice, etc., minor beyond

31                              state limits.

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  1  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

  2                              or more to public communication

  3                              or any other public service.

  4  810.09(2)(e)       3rd      Trespassing on posted commerical

  5                              horticulture property.

  6  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

  7                              more but less than $5,000.

  8  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

  9                              more but less than $300, taken

10                              from unenclosed curtilage of

11                              dwelling.

12  817.234(1)(a)2.    3rd      False statement in support of

13                              insurance claim.

14  817.481(3)(a)      3rd      Obtain credit or purchase with

15                              false, expired, counterfeit,

16                              etc., credit card, value over

17                              $300.

18  817.52(3)          3rd      Failure to redeliver hired

19                              vehicle.

20  817.54             3rd      With intent to defraud, obtain

21                              mortgage note, etc., by false

22                              representation.

23  817.568(3)         3rd      Use of personal-identification

24                              information facilitated by use of

25                              a public record.

26  817.60(5)          3rd      Dealing in credit cards of

27                              another.

28  817.60(6)(a)       3rd      Forgery; purchase goods, services

29                              with false card.

30

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  1  817.61             3rd      Fraudulent use of credit cards

  2                              over $100 or more within 6

  3                              months.

  4  826.04             3rd      Knowingly marries or has sexual

  5                              intercourse with person to whom

  6                              related.

  7  831.01             3rd      Forgery.

  8  831.02             3rd      Uttering forged instrument;

  9                              utters or publishes alteration

10                              with intent to defraud.

11  831.07             3rd      Forging bank bills or promissory

12                              note.

13  831.08             3rd      Possession of 10 or more forged

14                              notes.

15  831.09             3rd      Uttering forged bills; passes as

16                              bank bill or promissory note.

17  832.05(3)(a)       3rd      Cashing or depositing item with

18                              intent to defraud.

19  843.08             3rd      Falsely impersonating an officer.

20  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

21                              (2)(c)1., (2)(c)2., (2)(c)3.,

22                              (2)(c)5., (2)(c)6., (2)(c)7.,

23                              (2)(c)8., (2)(c)9., (3), or (4)

24                              drugs other than cannabis.

25  893.147(2)         3rd      Manufacture or delivery of drug

26                              paraphernalia.

27                              (d)  LEVEL 4

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  1  316.1935(3)        2nd      Driving at high speed or with

  2                              wanton disregard for safety while

  3                              fleeing or attempting to elude

  4                              law enforcement officer who is in

  5                              a marked patrol vehicle with

  6                              siren and lights activated.

  7  784.07(2)(b)       3rd      Battery of law enforcement

  8                              officer, firefighter, intake

  9                              officer, etc.

10  784.075            3rd      Battery on detention or

11                              commitment facility staff.

12  784.08(2)(c)       3rd      Battery on a person 65 years of

13                              age or older.

14  784.081(3)         3rd      Battery on specified official or

15                              employee.

16  784.082(3)         3rd      Battery by detained person on

17                              visitor or other detainee.

18  784.083(3)         3rd      Battery on code inspector.

19  784.085            3rd      Battery of child by throwing,

20                              tossing, projecting, or expelling

21                              certain fluids or materials.

22  787.03(1)          3rd      Interference with custody;

23                              wrongly takes child from

24                              appointed guardian.

25  787.04(2)          3rd      Take, entice, or remove child

26                              beyond state limits with criminal

27                              intent pending custody

28                              proceedings.

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  1  787.04(3)          3rd      Carrying child beyond state lines

  2                              with criminal intent to avoid

  3                              producing child at custody

  4                              hearing or delivering to

  5                              designated person.

  6  790.115(1)         3rd      Exhibiting firearm or weapon

  7                              within 1,000 feet of a school.

  8  790.115(2)(b)      3rd      Possessing electric weapon or

  9                              device, destructive device, or

10                              other weapon on school property.

11  790.115(2)(c)      3rd      Possessing firearm on school

12                              property.

13  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

14                              offender less than 18 years.

15  810.02(4)(a)       3rd      Burglary, or attempted burglary,

16                              of an unoccupied structure;

17                              unarmed; no assault or battery.

18  810.02(4)(b)       3rd      Burglary, or attempted burglary,

19                              of an unoccupied conveyance;

20                              unarmed; no assault or battery.

21  810.06             3rd      Burglary; possession of tools.

22  810.08(2)(c)       3rd      Trespass on property, armed with

23                              firearm or dangerous weapon.

24  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

25                              or more but less than $20,000.

26  812.014

27   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

28                              firearm, motor vehicle,

29                              livestock, etc.

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  1  817.563(1)         3rd      Sell or deliver substance other

  2                              than controlled substance agreed

  3                              upon, excluding s. 893.03(5)

  4                              drugs.

  5  817.568(2)         2nd      Fraudulent use of

  6                              personal-identification

  7                              information facilitated by use of

  8                              a public record.

  9  828.125(1)         2nd      Kill, maim, or cause great bodily

10                              harm or permanent breeding

11                              disability to any registered

12                              horse or cattle.

13  837.02(1)          3rd      Perjury in official proceedings.

14  837.021(1)         3rd      Make contradictory statements in

15                              official proceedings.

16  843.021            3rd      Possession of a concealed

17                              handcuff key by a person in

18                              custody.

19  843.025            3rd      Deprive law enforcement,

20                              correctional, or correctional

21                              probation officer of means of

22                              protection or communication.

23  843.15(1)(a)       3rd      Failure to appear while on bail

24                              for felony (bond estreature or

25                              bond jumping).

26  874.05(1)          3rd      Encouraging or recruiting another

27                              to join a criminal street gang.

28  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

29                              893.03(1)(a), (b), or (d),

30                              (2)(a), (2)(b), or (2)(c)4.

31                              drugs).

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  1  914.14(2)          3rd      Witnesses accepting bribes.

  2  914.22(1)          3rd      Force, threaten, etc., witness,

  3                              victim, or informant.

  4  914.23(2)          3rd      Retaliation against a witness,

  5                              victim, or informant, no bodily

  6                              injury.

  7  918.12             3rd      Tampering with jurors.

  8         Section 3.  This act shall take effect July 1, 2001.

  9

10            *****************************************

11                          SENATE SUMMARY

12    Enhances, from a first-degree misdemeanor to a
      third-degree felony, the penalty for using or possessing
13    personal-identification information for the purpose of
      harassment if the offense was facilitated by the use of a
14    public record. Enhances, from a third-degree felony to a
      second-degree felony, the penalty for the fraudulent use
15    of personal-identification information if the offense was
      facilitated by the use of a public record. Requires that
16    such offenses be prosecuted in the county where the
      victim resides or in a county where any element of the
17    offense occurred. Requires that the fraudulent use of
      personal-identification information be prosecuted within
18    certain specified periods.

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