| 1 | A bill to be entitled | 
| 2 | An act relating to personal identification information;  | 
| 3 | amending s. 817.568, F.S.; providing that any person who  | 
| 4 | willfully and without authorization fraudulently uses  | 
| 5 | personal identification information concerning an  | 
| 6 | individual who is 65 years of age or older without first  | 
| 7 | obtaining the consent of the individual or of his or her  | 
| 8 | legal guardian commits a felony of the second degree;  | 
| 9 | providing criminal penalties; providing that a person who  | 
| 10 | is in the relationship of adult child or legal guardian,  | 
| 11 | or who otherwise exercises custodial authority over an  | 
| 12 | individual who is 65 years of age or older, who willfully  | 
| 13 | and fraudulently uses personal identification information  | 
| 14 | of that individual commits a felony of the second degree;  | 
| 15 | providing criminal penalties; amending s. 921.0022, F.S.;  | 
| 16 | conforming cross-references; providing an effective date. | 
| 17 | 
  | 
| 18 | Be It Enacted by the Legislature of the State of Florida: | 
| 19 | 
  | 
| 20 |      Section 1.  Subsections (6) and (7) of section 817.568,  | 
| 21 | Florida Statutes, are amended to read: | 
| 22 |      817.568  Criminal use of personal identification  | 
| 23 | information.-- | 
| 24 |      (6)(a)  Any person who willfully and without authorization  | 
| 25 | fraudulently uses personal identification information concerning  | 
| 26 | an individual who is less than 18 years of age without first  | 
| 27 | obtaining the consent of that individual or of his or her legal  | 
| 28 | guardian commits a felony of the second degree, punishable as  | 
| 29 | provided in s. 775.082, s. 775.083, or s. 775.084. | 
| 30 |      (b)  Any person who willfully and without authorization  | 
| 31 | fraudulently uses personal identification information concerning  | 
| 32 | an individual who is 65 years of age or older without first  | 
| 33 | obtaining the consent of that individual or of his or her legal  | 
| 34 | guardian commits a felony of the second degree, punishable as  | 
| 35 | provided in s. 775.082, s. 775.083, or s. 775.084. | 
| 36 |      (7)(a)  Any person who is in the relationship of parent or  | 
| 37 | legal guardian, or who otherwise exercises custodial authority  | 
| 38 | over an individual who is less than 18 years of age, who  | 
| 39 | willfully and fraudulently uses personal identification  | 
| 40 | information of that individual commits a felony of the second  | 
| 41 | degree, punishable as provided in s. 775.082, s. 775.083, or s.  | 
| 42 | 775.084. | 
| 43 |      (b)  Any person who is in the relationship of adult child  | 
| 44 | or legal guardian, or who otherwise exercises custodial  | 
| 45 | authority over an individual who is 65 years of age or older,  | 
| 46 | who willfully and fraudulently uses personal identification  | 
| 47 | information of that individual commits a felony of the second  | 
| 48 | degree, punishable as provided in s. 775.082, s. 775.083, or s.  | 
| 49 | 775.084. | 
| 50 |      Section 2.  Paragraphs (h) and (i) of subsection (3) of  | 
| 51 | section 921.0022, Florida Statutes, are amended to read: | 
| 52 |      921.0022  Criminal Punishment Code; offense severity  | 
| 53 | ranking chart.-- | 
| 54 |      (3)  OFFENSE SEVERITY RANKING CHART | 
|   | | FloridaStatute  | Felony Degree | Description | 
  | 
| 55 | 
  | 
|   |  | 
| 56 | 
  | 
|   | | 316.193(3)(c)3.a.  | 2nd  | DUI manslaughter.  | 
  | 
| 57 | 
  | 
|   | | 316.1935(4)(b)  | 1st  | Aggravated fleeing or attempted eluding with serious bodily injury or death.  | 
  | 
| 58 | 
  | 
|   | | 327.35(3)(c)3.  | 2nd  | Vessel BUI manslaughter.  | 
  | 
| 59 | 
  | 
|   | | 499.0051(7)  | 1st  | Forgery of prescription or legend drug labels.  | 
  | 
| 60 | 
  | 
|   | | 499.0052  | 1st  | Trafficking in contraband legend drugs.  | 
  | 
| 61 | 
  | 
|   | | 560.123(8)(b)2.  | 2nd  | Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.  | 
  | 
| 62 | 
  | 
|   | | 560.125(5)(b)  | 2nd  | Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.  | 
  | 
| 63 | 
  | 
|   | | 655.50(10)(b)2.  | 2nd  | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.  | 
  | 
| 64 | 
  | 
|   | | 777.03(2)(a)  | 1st  | Accessory after the fact, capital felony.  | 
  | 
| 65 | 
  | 
|   | | 782.04(4)  | 2nd  | Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.  | 
  | 
| 66 | 
  | 
|   | | 782.051(2)  | 1st  | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).  | 
  | 
| 67 | 
  | 
|   | | 782.071(1)(b)  | 1st  | Committing vehicular homicide and failing to render aid or give information.  | 
  | 
| 68 | 
  | 
|   | | 782.072(2)  | 1st  | Committing vessel homicide and failing to render aid or give information.  | 
  | 
| 69 | 
  | 
|   | | 790.161(3)  | 1st  | Discharging a destructive device which results in bodily harm or property damage.  | 
  | 
| 70 | 
  | 
|   | | 794.011(5)  | 2nd  | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.  | 
  | 
| 71 | 
  | 
|   | | 800.04(4)  | 2nd  | Lewd or lascivious battery.  | 
  | 
| 72 | 
  | 
|   | | 806.01(1)  | 1st  | Maliciously damage dwelling or structure by fire or explosive, believing person in structure.  | 
  | 
| 73 | 
  | 
|   | | 810.02(2)(a)  | 1st,PBL  | Burglary with assault or battery.  | 
  | 
| 74 | 
  | 
|   | | 810.02(2)(b)  | 1st,PBL  | Burglary; armed with explosives or dangerous weapon.  | 
  | 
| 75 | 
  | 
|   | | 810.02(2)(c)  | 1st  | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.  | 
  | 
| 76 | 
  | 
|   | | 812.014(2)(a)2.  | 1st  | Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.  | 
  | 
| 77 | 
  | 
|   | | 812.13(2)(b)  | 1st  | Robbery with a weapon.  | 
  | 
| 78 | 
  | 
|   | | 812.135(2)(c)  | 1st  | Home-invasion robbery, no firearm, deadly weapon, or other weapon.  | 
  | 
| 79 | 
  | 
|   | | 817.568(6)(a)  | 2nd  | Fraudulent use of personal identification information of an individual under the age of 18.  | 
  | 
| 80 | 
  | 
|   | | 817.568(6)(b)  | 2nd  | Fraudulent use of personal identification information of an individual 65 years of age or older.  | 
  | 
| 81 | 
  | 
|   | | 825.102(2)  | 2nd  | Aggravated abuse of an elderly person or disabled adult.  | 
  | 
| 82 | 
  | 
|   | | 825.1025(2)  | 2nd  | Lewd or lascivious battery upon an elderly person or disabled adult.  | 
  | 
| 83 | 
  | 
|   | | 825.103(2)(a)  | 1st  | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.  | 
  | 
| 84 | 
  | 
|   | | 837.02(2)  | 2nd  | Perjury in official proceedings relating to prosecution of a capital felony.  | 
  | 
| 85 | 
  | 
|   | | 837.021(2)  | 2nd  | Making contradictory statements in official proceedings relating to prosecution of a capital felony.  | 
  | 
| 86 | 
  | 
|   | | 860.121(2)(c)  | 1st  | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.  | 
  | 
| 87 | 
  | 
|   | | 860.16  | 1st  | Aircraft piracy.  | 
  | 
| 88 | 
  | 
|   | | 893.13(1)(b)  | 1st  | Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).  | 
  | 
| 89 | 
  | 
|   | | 893.13(2)(b)  | 1st  | Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).  | 
  | 
| 90 | 
  | 
|   | | 893.13(6)(c)  | 1st  | Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).  | 
  | 
| 91 | 
  | 
|   | | 893.135(1)(a)2.  | 1st  | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.  | 
  | 
| 92 | 
  | 
|   | | 893.135(1)(b)1.b.  | 1st  | Trafficking in cocaine, more than 200 grams, less than 400 grams.  | 
  | 
| 93 | 
  | 
|   | | 893.135(1)(c)1.b.  | 1st  | Trafficking in illegal drugs, more than 14 grams, less than 28 grams.  | 
  | 
| 94 | 
  | 
|   | | 893.135(1)(d)1.b.  | 1st  | Trafficking in phencyclidine, more than 200 grams, less than 400 grams.  | 
  | 
| 95 | 
  | 
|   | | 893.135(1)(e)1.b.  | 1st  | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.  | 
  | 
| 96 | 
  | 
|   | | 893.135(1)(f)1.b.  | 1st  | Trafficking in amphetamine, more than 28 grams, less than 200 grams.  | 
  | 
| 97 | 
  | 
|   | | 893.135(1)(g)1.b.  | 1st  | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.  | 
  | 
| 98 | 
  | 
|   | | 893.135(1)(h)1.b.  | 1st  | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.  | 
  | 
| 99 | 
  | 
|   | | 893.135(1)(j)1.b.  | 1st  | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.  | 
  | 
| 100 | 
  | 
|   | | 893.135(1)(k)2.b.  | 1st  | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.  | 
  | 
| 101 | 
  | 
|   | | 895.03(1)  | 1st  | Use or invest proceeds derived from pattern of racketeering activity.  | 
  | 
| 102 | 
  | 
|   | | 895.03(2)  | 1st  | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.  | 
  | 
| 103 | 
  | 
|   | | 895.03(3)  | 1st  | Conduct or participate in any enterprise through pattern of racketeering activity.  | 
  | 
| 104 | 
  | 
|   | | 896.101(5)(b)  | 2nd  | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.  | 
  | 
| 105 | 
  | 
|   | | 896.104(4)(a)2.  | 2nd  | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.  | 
  | 
| 106 | 
  | 
|   |  | 
| 107 | 
  | 
|   | | 316.193(3)(c)3.b.  | 1st  | DUI manslaughter; failing to render aid or give information.  | 
  | 
| 108 | 
  | 
|   | | 327.35(3)(c)3.b.  | 1st  | BUI manslaughter; failing to render aid or give information.  | 
  | 
| 109 | 
  | 
|   | | 499.00535  | 1st  | Sale or purchase of contraband legend drugs resulting in great bodily harm.  | 
  | 
| 110 | 
  | 
|   | | 560.123(8)(b)3.  | 1st  | Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.  | 
  | 
| 111 | 
  | 
|   | | 560.125(5)(c)  | 1st  | Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.  | 
  | 
| 112 | 
  | 
|   | | 655.50(10)(b)3.  | 1st  | Failure to report financial transactions totaling or exceeding $100,000 by financial institution.  | 
  | 
| 113 | 
  | 
|   | | 775.0844  | 1st  | Aggravated white collar crime.  | 
  | 
| 114 | 
  | 
|   | | 782.04(1)  | 1st  | Attempt, conspire, or solicit to commit premeditated murder.  | 
  | 
| 115 | 
  | 
|   | | 782.04(3)  | 1st,PBL  |  robbery, burglary, and other specified felonies.  | 
  | 
| 116 | 
  | 
|   | | 782.051(1)  | 1st  | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).  | 
  | 
| 117 | 
  | 
|   | | 782.07(2)  | 1st  | Aggravated manslaughter of an elderly person or disabled adult.  | 
  | 
| 118 | 
  | 
|   | | 787.01(1)(a)1.  | 1st,PBL  | Kidnapping; hold for ransom or reward or as a shield or hostage.  | 
  | 
| 119 | 
  | 
|   | | 787.01(1)(a)2.  | 1st,PBL  | Kidnapping with intent to commit or facilitate commission of any felony.  | 
  | 
| 120 | 
  | 
|   | | 787.01(1)(a)4.  | 1st,PBL  | Kidnapping with intent to interfere with performance of any governmental or political function.  | 
  | 
| 121 | 
  | 
|   | | 787.02(3)(a)  | 1st  | False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.  | 
  | 
| 122 | 
  | 
|   | | 790.161  | 1st  | Attempted capital destructive device offense.  | 
  | 
| 123 | 
  | 
|   | | 790.166(2)  | 1st,PBL  | Possessing, selling, using, or attempting to use a weapon of mass destruction.  | 
  | 
| 124 | 
  | 
|   | | 794.011(2)  | 1st  | Attempted sexual battery; victim less than 12 years of age.  | 
  | 
| 125 | 
  | 
|   | | 794.011(2)  | Life  | Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.  | 
  | 
| 126 | 
  | 
|   | | 794.011(4)  | 1st  | Sexual battery; victim 12 years or older, certain circumstances.  | 
  | 
| 127 | 
  | 
|   | | 794.011(8)(b)  | 1st  | Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.  | 
  | 
| 128 | 
  | 
|   | | 800.04(5)(b)  | Life  | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.  | 
  | 
| 129 | 
  | 
|   | | 812.13(2)(a)  | 1st,PBL  | Robbery with firearm or other deadly weapon.  | 
  | 
| 130 | 
  | 
|   | | 812.133(2)(a)  | 1st,PBL  | Carjacking; firearm or other deadly weapon.  | 
  | 
| 131 | 
  | 
|   | | 812.135(2)(b)  | 1st  | Home-invasion robbery with weapon.  | 
  | 
| 132 | 
  | 
|   | | 817.568(7)(a)  | 2nd,PBL  | Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.  | 
  | 
| 133 | 
  | 
|   | | 817.568(7)(b)  | 2nd  | Fraudulent use of personal identification information of an individual 65 years of age or older by his or her adult child, legal guardian, or person exercising custodial authority.  | 
  | 
| 134 | 
  | 
|   | | 827.03(2)  | 1st  | Aggravated child abuse.  | 
  | 
| 135 | 
  | 
|   | | 847.0145(1)  | 1st  | Selling, or otherwise transferring custody or control, of a minor.  | 
  | 
| 136 | 
  | 
|   | | 847.0145(2)  | 1st  | Purchasing, or otherwise obtaining custody or control, of a minor.  | 
  | 
| 137 | 
  | 
|   | | 859.01  | 1st  | Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.  | 
  | 
| 138 | 
  | 
|   | | 893.135  | 1st  | Attempted capital trafficking offense.  | 
  | 
| 139 | 
  | 
|   | | 893.135(1)(a)3.  | 1st  | Trafficking in cannabis, more than 10,000 lbs.  | 
  | 
| 140 | 
  | 
|   | | 893.135(1)(b)1.c.  | 1st  | Trafficking in cocaine, more than 400 grams, less than 150 kilograms.  | 
  | 
| 141 | 
  | 
|   | | 893.135(1)(c)1.c.  | 1st  | Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.  | 
  | 
| 142 | 
  | 
|   | | 893.135(1)(d)1.c.  | 1st  | Trafficking in phencyclidine, more than 400 grams.  | 
  | 
| 143 | 
  | 
|   | | 893.135(1)(e)1.c.  | 1st  | Trafficking in methaqualone, more than 25 kilograms.  | 
  | 
| 144 | 
  | 
|   | | 893.135(1)(f)1.c.  | 1st  | Trafficking in amphetamine, more than 200 grams.  | 
  | 
| 145 | 
  | 
|   | | 893.135(1)(h)1.c.  | 1st  | Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.  | 
  | 
| 146 | 
  | 
|   | | 893.135(1)(j)1.c.  | 1st  | Trafficking in 1,4-Butanediol, 10 kilograms or more.  | 
  | 
| 147 | 
  | 
|   | | 893.135(1)(k)2.c.  | 1st  | Trafficking in Phenethylamines, 400 grams or more.  | 
  | 
| 148 | 
  | 
|   | | 896.101(5)(c)  | 1st  | Money laundering, financial instruments totaling or exceeding $100,000.  | 
  | 
| 149 | 
  | 
|   | | 896.104(4)(a)3.  | 1st  | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.  | 
  | 
| 150 | 
  | 
| 151 |      Section 3.  This act shall take effect July 1, 2006. |