Florida Senate - 2014                             CS for SB 1472
       
       
        
       By the Committee on Criminal Justice; and Senator Abruzzo
       
       
       
       
       
       591-03469-14                                          20141472c1
    1                        A bill to be entitled                      
    2         An act relating to personal identification information
    3         theft; amending s. 817.568, F.S.; providing that it is
    4         unlawful for any person to willfully and without
    5         authorization fraudulently use personal identification
    6         information concerning specified individuals without
    7         their consent; providing criminal penalties; providing
    8         for a surcharge and allocation thereof; providing
    9         legislative findings; creating s. 817.5686, F.S.;
   10         creating the Identity Theft and Fraud Task Force
   11         within the Department of Law Enforcement to assist in
   12         investigation and prosecution of criminal use of
   13         personal identification information in specified
   14         counties; providing for membership; requiring the task
   15         force to organize by a specified date; providing for
   16         meetings; specifying the duties of the task force;
   17         providing rulemaking authority; requiring a report to
   18         the Governor and Legislature; providing for future
   19         repeal; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Present subsections (11) through (17) of section
   24  817.568, Florida Statutes, are renumbered as subsections (13)
   25  through (19), respectively, and new subsections (11) and (12)
   26  are added to that section to read:
   27         817.568 Criminal use of personal identification
   28  information.—
   29         (11) A person who willfully and without authorization
   30  fraudulently uses personal identification information concerning
   31  an individual who is 60 years of age or older; a disabled adult
   32  as defined in s. 825.101; a public servant as defined in s.
   33  838.014; a veteran as defined in s. 1.01; a first responder as
   34  defined in s. 125.01045; an individual who is employed by the
   35  State of Florida; or an individual who is employed by the
   36  Federal Government without first obtaining the consent of that
   37  individual commits a felony of the second degree, punishable as
   38  provided in s. 775.082, s. 775.083, or s. 775.084.
   39         (12) In addition to any sanction imposed when a person
   40  pleads guilty or nolo contendere to, or is found guilty of,
   41  regardless of adjudication, a violation of this section, the
   42  court shall impose a surcharge of $151. Payment of the surcharge
   43  shall be a condition of probation, community control, or any
   44  other court-ordered supervision. The sum of $75 of the surcharge
   45  shall be deposited into the Department of Law Enforcement
   46  Operating Trust Fund for the department to provide grants to
   47  local law enforcement agencies in Palm Beach, Broward, and
   48  Miami-Dade Counties to investigate the criminal use of personal
   49  identification information. The sum of $75 of the surcharge
   50  shall be deposited into the State Attorneys Revenue Trust Fund
   51  for the purpose of funding prosecutions of offenses relating to
   52  the criminal use of personal identification information in the
   53  eleventh circuit, the fifteenth circuit, and the seventeenth
   54  circuit. The clerk of the court shall retain $1 of each
   55  surcharge that he or she collects as a service charge of the
   56  clerk’s office.
   57         (a) The surcharge may not be waived by the court.
   58         (b) In the event that the person has been ordered to pay
   59  restitution in accordance with s. 775.089, the surcharge shall
   60  be included in a judgment.
   61         Section 2. Section 817.5686, Florida Statutes, is created
   62  to read:
   63         817.5686 Identity Theft and Fraud Task Force.—
   64         (1) FINDINGS.—The Legislature finds that there is a need to
   65  develop and implement a strategy to address the investigation
   66  and prosecution of the criminal use of personal identification
   67  information in Broward, Miami-Dade, and Palm Beach Counties.
   68         (2) ESTABLISHMENT.—There is created the Identity Theft and
   69  Fraud Task Force within the Department of Law Enforcement. The
   70  purpose of the task force is to develop strategies and
   71  techniques that will assist in the investigation and prosecution
   72  of the criminal use of personal identification information in
   73  Palm Beach, Broward, and Miami-Dade Counties. The task force
   74  shall dissolve on December 31, 2017.
   75         (3) MEMBERSHIP.—
   76         (a) The task force shall consist of the following members
   77  or their designees:
   78         1. The special agent in charge of the Miami Regional
   79  Operations Center of the Department of Law Enforcement, who
   80  shall serve as chair.
   81         2. The sheriffs of Palm Beach and Broward Counties.
   82         3. The police chief of the Miami-Dade Police Department.
   83         4. The state attorneys of the eleventh circuit, the
   84  fifteenth circuit, and the seventeenth circuit.
   85         5. Six members appointed by the chair, consisting of two
   86  police chiefs from Broward County, two representatives from the
   87  Miami-Dade Police Department, and two police chiefs from Palm
   88  Beach County.
   89         (b) The Legislature finds that the task force serves a
   90  legitimate state, county, and municipal purpose and that service
   91  on the task force is consistent with a member’s principal
   92  service in public office or employment. Therefore, membership on
   93  the task force does not disqualify a member from holding any
   94  other public office or from being employed by a public entity.
   95         (c) Members of the task force shall serve without
   96  compensation but are entitled to reimbursement for per diem and
   97  travel expenses in accordance with s. 112.061.
   98         (d) The chair of the task force may appoint subcommittees
   99  and subcommittee chairs as necessary in order to address issues
  100  related to the task force. A subcommittee chair shall serve at
  101  the pleasure of the chair.
  102         (4) MEETINGS.—The task force shall organize by December 31,
  103  2014. Thereafter, the task force shall meet at least four times
  104  per year. Additional meetings may be held if the chair
  105  determines that extraordinary circumstances require an
  106  additional meeting. Members may appear at meetings by electronic
  107  means. A majority of the members of the task force constitutes a
  108  quorum. The Department of Law Enforcement shall provide
  109  administrative and support services for the task force.
  110         (5) DUTIES.—The task force shall coordinate efforts in Palm
  111  Beach, Broward, and Miami-Dade Counties to:
  112         (a) Develop strategies and techniques that will assist in
  113  the investigation and prosecution of the criminal use of
  114  personal identification information.
  115         (b) Incorporate other objectives reasonably related to the
  116  goals of enhancing the investigation and prosecution of the
  117  criminal use of personal identification information and a
  118  citizen’s ability to prevent and detect identity theft and
  119  fraud.
  120         (6) RULEMAKING.—The Department of Law Enforcement shall
  121  adopt rules to implement the requirements of this section.
  122         (7) REPORT.—By December 1, 2017, the task force shall
  123  submit a report on its activities to the Governor, the President
  124  of the Senate, and the Speaker of the House of Representatives.
  125  The report shall include any recommendations on how to better
  126  investigate and prosecute the criminal use of personal
  127  identification information.
  128         (8) REPEAL.—This section is repealed December 31, 2017.
  129         Section 3. This act shall take effect July 1, 2014.