Senate Bill sb2184
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 2184
    By Senator Fasano
    11-1703-07                                              See HB
  1                      A bill to be entitled
  2         An act relating to criminal use of personal
  3         identification information; amending s.
  4         817.568, F.S.; providing an enhanced penalty
  5         for certain uses of personal identification
  6         information concerning an individual 65 years
  7         of age or older without consent; deleting
  8         fraudulent intent as an element of certain
  9         offenses involving personal identification
10         information; amending s. 921.0022, F.S.;
11         conforming the offense Severity Ranking Chart
12         of the Criminal Punishment Code; providing an
13         effective date.
14  
15  Be It Enacted by the Legislature of the State of Florida:
16  
17         Section 1.  Subsections (8) through (17) of section
18  817.568, Florida Statutes, are renumbered as subsections (9)
19  through (18), respectively, paragraph (a) of subsection (2),
20  present paragraph (a) of subsection (8), and subsection (9) of
21  that section are amended, and a new subsection (8) is added to
22  that section, to read:
23         817.568  Criminal use of personal identification
24  information.--
25         (2)(a)  Any person who willfully and without
26  authorization fraudulently uses, or possesses with intent to
27  fraudulently use, personal identification information
28  concerning an individual without first obtaining that
29  individual's consent, commits the offense of fraudulent use of
30  personal identification information, which is a felony of the
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    Florida Senate - 2007                                  SB 2184
    11-1703-07                                              See HB
 1  third degree, punishable as provided in s. 775.082, s.
 2  775.083, or s. 775.084.
 3         (8)  Any person who willfully and without authorization
 4  fraudulently uses personal identification information
 5  concerning an individual 65 years of age or older without
 6  first obtaining the consent of that individual commits a
 7  felony of the first degree, punishable as provided in s.
 8  775.082, s. 775.083, or s. 775.084.
 9         (9)(8)(a)  Any person who willfully and fraudulently
10  uses, or possesses with intent to fraudulently use, personal
11  identification information concerning a deceased individual
12  commits the offense of fraudulent use or possession of with
13  intent to use personal identification information of a
14  deceased individual, a felony of the third degree, punishable
15  as provided in s. 775.082, s. 775.083, or s. 775.084.
16         (10)(9)  Any person who willfully and fraudulently
17  creates, or uses, or possesses with intent to fraudulently
18  use, counterfeit or fictitious personal identification
19  information concerning a fictitious individual, or concerning
20  a real individual without first obtaining that real
21  individual's consent, with intent to use such counterfeit or
22  fictitious personal identification information for the purpose
23  of committing or facilitating the commission of a fraud on
24  another person, commits the offense of fraudulent creation, or
25  use, or possession of with intent to fraudulently use,
26  counterfeit or fictitious personal identification information,
27  a felony of the third degree, punishable as provided in s.
28  775.082, s. 775.083, or s. 775.084.
29         Section 2.  Paragraph (h) of subsection (3) of section
30  921.0022, Florida Statutes, is amended to read:
31  
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    Florida Senate - 2007                                  SB 2184
    11-1703-07                                              See HB
 1         921.0022  Criminal Punishment Code; offense severity
 2  ranking chart.--
 3         (3)  OFFENSE SEVERITY RANKING CHART
 4  Florida           Felony    Description
 5  Statute           Degree
 6                              (h)  LEVEL 8
 7  316.193(3)(c)3.a.  2nd      DUI manslaughter.
 8  316.1935(4)(b)     1st      Aggravated fleeing or attempted
 9                              eluding with serious bodily
10                              injury or death.
11  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.
12  499.0051(7)        1st      Forgery of prescription or legend
13                              drug labels.
14  499.0052           1st      Trafficking in contraband legend
15                              drugs.
16  560.123(8)(b)2.    2nd      Failure to report currency or
17                              payment instruments totaling or
18                              exceeding $20,000, but less than
19                              $100,000 by money transmitter.
20  560.125(5)(b)      2nd      Money transmitter business by
21                              unauthorized person, currency or
22                              payment instruments totaling or
23                              exceeding $20,000, but less than
24                              $100,000.
25  655.50(10)(b)2.    2nd      Failure to report financial
26                              transactions totaling or
27                              exceeding $20,000, but less than
28                              $100,000 by financial
29                              institutions.
30  777.03(2)(a)       1st      Accessory after the fact, capital
31                              felony.
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    Florida Senate - 2007                                  SB 2184
    11-1703-07                                              See HB
 1  782.04(4)          2nd      Killing of human without design
 2                              when engaged in act or attempt of
 3                              any felony other than arson,
 4                              sexual battery, robbery,
 5                              burglary, kidnapping, aircraft
 6                              piracy, or unlawfully discharging
 7                              bomb.
 8  782.051(2)         1st      Attempted felony murder while
 9                              perpetrating or attempting to
10                              perpetrate a felony not
11                              enumerated in s. 782.04(3).
12  782.071(1)(b)      1st      Committing vehicular homicide and
13                              failing to render aid or give
14                              information.
15  782.072(2)         1st      Committing vessel homicide and
16                              failing to render aid or give
17                              information.
18  790.161(3)         1st      Discharging a destructive device
19                              which results in bodily harm or
20                              property damage.
21  794.011(5)         2nd      Sexual battery, victim 12 years
22                              or over, offender does not use
23                              physical force likely to cause
24                              serious injury.
25  800.04(4)          2nd      Lewd or lascivious battery.
26  806.01(1)          1st      Maliciously damage dwelling or
27                              structure by fire or explosive,
28                              believing person in structure.
29  810.02(2)(a)       1st,PBL  Burglary with assault or battery.
30  810.02(2)(b)       1st,PBL  Burglary; armed with explosives
31                              or dangerous weapon.
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    Florida Senate - 2007                                  SB 2184
    11-1703-07                                              See HB
 1  810.02(2)(c)       1st      Burglary of a dwelling or
 2                              structure causing structural
 3                              damage or $1,000 or more property
 4                              damage.
 5  812.014(2)(a)2.    1st      Property stolen; cargo valued at
 6                              $50,000 or more, grand theft in
 7                              1st degree.
 8  812.13(2)(b)       1st      Robbery with a weapon.
 9  812.135(2)(c)      1st      Home-invasion robbery, no
10                              firearm, deadly weapon, or other
11                              weapon.
12  817.568(6)         2nd      Fraudulent use of personal
13                              identification information of an
14                              individual under the age of 18.
15  817.568(8)         2nd      Fraudulent use of personal
16                              identification information of an
17                              individual age 65 or older.
18  825.102(2)         2nd      Aggravated abuse of an elderly
19                              person or disabled adult.
20  825.1025(2)        2nd      Lewd or lascivious battery upon
21                              an elderly person or disabled
22                              adult.
23  825.103(2)(a)      1st      Exploiting an elderly person or
24                              disabled adult and property is
25                              valued at $100,000 or more.
26  837.02(2)          2nd      Perjury in official proceedings
27                              relating to prosecution of a
28                              capital felony.
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    Florida Senate - 2007                                  SB 2184
    11-1703-07                                              See HB
 1  837.021(2)         2nd      Making contradictory statements
 2                              in official proceedings relating
 3                              to prosecution of a capital
 4                              felony.
 5  860.121(2)(c)      1st      Shooting at or throwing any
 6                              object in path of railroad
 7                              vehicle resulting in great bodily
 8                              harm.
 9  860.16             1st      Aircraft piracy.
10  893.13(1)(b)       1st      Sell or deliver in excess of 10
11                              grams of any substance specified
12                              in s. 893.03(1)(a) or (b).
13  893.13(2)(b)       1st      Purchase in excess of 10 grams of
14                              any substance specified in s.
15                              893.03(1)(a) or (b).
16  893.13(6)(c)       1st      Possess in excess of 10 grams of
17                              any substance specified in s.
18                              893.03(1)(a) or (b).
19  893.135(1)(a)2.    1st      Trafficking in cannabis, more
20                              than 2,000 lbs., less than 10,000
21                              lbs.
22  893.135(1)(b)1.b.  1st      Trafficking in cocaine, more than
23                              200 grams, less than 400 grams.
24  893.135(1)(c)1.b.  1st      Trafficking in illegal drugs,
25                              more than 14 grams, less than 28
26                              grams.
27  893.135(1)(d)1.b.  1st      Trafficking in phencyclidine,
28                              more than 200 grams, less than
29                              400 grams.
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    Florida Senate - 2007                                  SB 2184
    11-1703-07                                              See HB
 1  893.135(1)(e)1.b.  1st      Trafficking in methaqualone, more
 2                              than 5 kilograms, less than 25
 3                              kilograms.
 4  893.135(1)(f)1.b.  1st      Trafficking in amphetamine, more
 5                              than 28 grams, less than 200
 6                              grams.
 7  893.135(1)(g)1.b.  1st      Trafficking in flunitrazepam, 14
 8                              grams or more, less than 28
 9                              grams.
10  893.135(1)(h)1.b.  1st      Trafficking in
11                              gamma-hydroxybutyric acid (GHB),
12                              5 kilograms or more, less than 10
13                              kilograms.
14  893.135(1)(j)1.b.  1st      Trafficking in 1,4-Butanediol, 5
15                              kilograms or more, less than 10
16                              kilograms.
17  893.135(1)(k)2.b.  1st      Trafficking in Phenethylamines,
18                              200 grams or more, less than 400
19                              grams.
20  895.03(1)          1st      Use or invest proceeds derived
21                              from pattern of racketeering
22                              activity.
23  895.03(2)          1st      Acquire or maintain through
24                              racketeering activity any
25                              interest in or control of any
26                              enterprise or real property.
27  895.03(3)          1st      Conduct or participate in any
28                              enterprise through pattern of
29                              racketeering activity.
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    Florida Senate - 2007                                  SB 2184
    11-1703-07                                              See HB
 1  896.101(5)(b)      2nd      Money laundering, financial
 2                              transactions totaling or
 3                              exceeding $20,000, but less than
 4                              $100,000.
 5  896.104(4)(a)2.    2nd      Structuring transactions to evade
 6                              reporting or registration
 7                              requirements, financial
 8                              transactions totaling or
 9                              exceeding $20,000 but less than
10                              $100,000.
11         Section 3.  This act shall take effect July 1, 2007.
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