| 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. |