Florida Senate - 2013                                    SB 1126
       
       
       
       By Senator Joyner
       
       
       
       
       19-00006-13                                           20131126__
    1                        A bill to be entitled                      
    2         An act relating to the unlawful possession of the
    3         personal identification information of another person;
    4         creating s. 817.5685, F.S.; defining the term
    5         “personal identification information”; providing that
    6         it is unlawful for a person to intentionally or
    7         knowingly possess, without authorization, any personal
    8         identification information of another person; creating
    9         criminal penalties; providing that certain specified
   10         persons are exempt from provisions regarding the
   11         unlawful possession of personal identification
   12         information of another person; creating affirmative
   13         defenses; providing that the act does not preclude
   14         prosecution for the unlawful possession of personal
   15         identification information of another person under any
   16         other law; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 817.5685, Florida Statutes, is created
   21  to read:
   22         817.5685 Unlawful possession of the personal identification
   23  information of another person.—
   24         (1) As used in this section, the term “personal
   25  identification information” means a person’s social security
   26  number, official state-issued or United States-issued driver
   27  license or identification number, alien registration number,
   28  government passport number, employer or taxpayer identification
   29  number, Medicaid or food assistance account number, bank account
   30  number, credit or debit card number, and medical records.
   31         (2) It is unlawful for a person to intentionally or
   32  knowingly possess, without authorization, the personal
   33  identification information of another person in any form,
   34  including, but not limited to, mail, physical documents,
   35  identification cards, or information stored in digital form.
   36         (3)(a) A person who violates subsection (2) and in doing so
   37  possesses the personal identification information of four or
   38  fewer persons commits a misdemeanor of the first degree,
   39  punishable as provided in s. 775.082 or s. 775.083.
   40         (b) A person who violates subsection (2) and in doing so
   41  possesses the personal identification information of five or
   42  more persons commits a felony of third degree, punishable as
   43  provided in s. 775.082, s. 775.083, or s. 775.084.
   44         (4) Subsection (2) does not apply to:
   45         (a) A person who is the parent or legal guardian of a child
   46  and who possesses the personal identification information of
   47  that child.
   48         (b) A person who is the guardian of another person under
   49  chapter 744 and who is authorized to possess the personal
   50  identification information of that other person and make
   51  decisions regarding access to that personal identification
   52  information.
   53         (c) An employee of a governmental agency who possesses the
   54  personal identification information of another person in the
   55  ordinary course of business.
   56         (d) A person who is engaged in a lawful business and
   57  possesses the personal identification information of another
   58  person in the ordinary course of business.
   59         (e) A person who finds a card or document issued by a
   60  governmental agency which contains the personal identification
   61  information of another person and who takes reasonably prompt
   62  action to return that card or document to its owner, to the
   63  governmental agency that issued the card or document, or to a
   64  law enforcement agency.
   65         (5) It is an affirmative defense to an alleged violation of
   66  subsection (2) if the person who possesses the personal
   67  identification information of another person:
   68         (a) Did so under the reasonable belief that such possession
   69  was authorized by law or by the consent of the other person; or
   70         (b) Obtained that personal identification information from
   71  a forum or resource that is open or available to the general
   72  public or from a public record.
   73         (6) This section does not preclude prosecution for the
   74  unlawful possession of personal identification information
   75  pursuant to s. 817.568 or any other law, including prosecution
   76  for the criminal use of personal identification information that
   77  was otherwise lawfully possessed.
   78         Section 2. This act shall take effect October 1, 2013.