CHAPTER House Bill No. 1845

Similar documents
CHAPTER House Bill No. 4059

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 343

CHAPTER Senate Bill No. 1768

Florida Senate CS for SB 316 By the Committee on Justice Appropriations; and Senators Fasano and Lynn

CHAPTER House Bill No. 407

Florida Senate SB 1236

HOUSE AMENDMENT Bill No. HB 737

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CHAPTER House Bill No. 7071

CHAPTER Committee Substitute for House Bill No. 163

CHAPTER Committee Substitute for House Bill No. 7025

Be It Enacted by the Legislature of the State of Florida:

CHAPTER Council Substitute for House Bill No. 173

CHAPTER Committee Substitute for Senate Bill No. 170

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for Senate Bill No. 912

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 102

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 165

CHAPTER Senate Bill No. 808

COLLEGE OF CENTRAL FLORIDA ADMINISTRATIVE PROCEDURE

CHAPTER Senate Bill No. 540

CHAPTER House Bill No. 7049

CHAPTER Committee Substitute for Senate Bill No. 360

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 113

ENROLLED 2001 Legislature SB 540, 1st Engrossed

Florida Senate SB 448 By Senator Margolis

CHAPTER Committee Substitute for Senate Bill No. 228

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 667

CHAPTER Council Substitute for House Bill No. 559

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 409

CHAPTER Committee Substitute for Senate Bill No. 218

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 640

SCHEDULE OF LESSER INCLUDED OFFENSES COMMENT ON SCHEDULE OF LESSER INCLUDED OFFENSES

CHAPTER Committee Substitute for Senate Bill No. 1282

Select Florida Mandatory Minimum Laws

UNIFORM FELONY BAIL SCHEDULE (PENAL CODE)

Summer Science Camp Volunteer Counselor 2018 Application CHECKLIST

CHAPTER Committee Substitute for House Bill No. 457

2012 FELONY AND MISDEMEANOR BAIL SCHEDULE COUNTY OF IMPERIAL

Fact Sheet PENALTIES FOR CATEGORY B FELONIES UNDER NEVADA REVISED STATUTES (NRS) CATEGORY B FELONIES

Immigration Violations

MARIN COUNTY SHERIFF'S OFFICE GENERAL ORDER. DATE Chapter 5- Operations GO /11/2014 PAGE 1 of 6. Immigration Status (Trust Act implementation)

76th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2802 SUMMARY

MINNESOTA STATUTES 2016

Supreme Court of Florida

Health Care Worker Background Check Disqualifying Crimes

Licensed or Certified Child Care Operations: Criminal History Requirements

5. If I m in jail and my case is reduced from a felony to a misdemeanor, will I get out of jail?

Session of SENATE BILL No By Committee on Financial Institutions and Insurance 1-10

FLORIDA 4-H VOLUNTEER PACKET

NEVADA COUNTY SHERIFF S OFFICE

2014 Minnesota Statutes

INVESTIGATIONS OF STUDENTS AT PUBLIC SCHOOLS

MUSEUM DAILY SUPPORT OPERATIONS VOLUNTEER APPLICATION CHECKLIST

PC: , 457.1, 872, CVC: (C) TITLE 8: INMATE RELEASE I. PURPOSE:

Sentencing Factors that Limit Judicial Discretion and Influence Plea Bargaining

FEDERAL STATUTES. 10 USC 921 Article Larceny and wrongful appropriation

MECKLENBURG COUNTY PRETRIAL RISK ASSESSMENT & PRAXIS. Instruction Manual

Juvenile Seal/Expunge. By: Michelle Hawthorne, Esq. Clinical Adjunct Professor and Staff Attorney, Pro Bono Director

PENAL CODE OFFENSES. By Punishment Range. Including Updates From the 81st Legislative Session

Sergeants OSPRE Part 1 Statistics - Evidence

CHAPTER Senate Bill No. 1010

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ADMINISTRATIVE ORDER PA/PI-CIR

HOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR

BARRED OFFENSES REGULATED CHILD CARE Effective November 1, 2016

TIER 2 EXCLUSIONARY CRIMES

Families Against Mandatory Minimums 1612 K Street, N.W., Suite 700 Washington, D.C

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 63. Short Title: Citizens Protection Act of (Public)

CERTIFICATION PROCEEDING

1 California Criminal Law (4th), Crimes Against the Person

DISTRICT OF COLUMBIA PRETRIAL SERVICES AGENCY

Milwaukee County, Wisconsin Pretrial Praxis

Inspectors OSPRE Part 1 Statistics - Crime

CHIEF JUDGE ORDER SETTING FORTH BOND GUIDELINES

BILL REQUEST - CODE REVISER'S OFFICE

CHAPTER Committee Substitute for Senate Bill No. 1552

For Informational Purposes (916) July 15, 2011

SC Amended Appendix A

Felony and Misdemeanor Bail Schedule

Referred to Committee on Judiciary. SUMMARY Revises the penalties imposed for certain crimes. (BDR )

La. C.C. Art. 103 Immediate Divorce

CHAPTER Council Substitute for Council Substitute for House Bill No. 43

CHAPTER House Bill No. 1347

PRACTITIONER 1. the FEATURED IN THIS ISSUE: Winter 2018 Volume 24, Issue 1. Increasing Clientele with Little Costs Three Easy Tips to Follow

Substitute for HOUSE BILL No. 2159

MISSISSIPPI LEGISLATURE REGULAR SESSION 2018

Criminal Gangs/Gang-Free Zones

MISSISSIPPI LEGISLATURE REGULAR SESSION 2017

Recorded Arrests Under 18s Outcome Offence 1st Jan 20 Count Bailed To Court On Warrant Breach of court bail conditions Breach of court order FTA

TABLE OF CONTENTS PART I: FUNDAMENTALS INTRODUCTION 1. CHAPTER ONE: CRIME AND PUNISHMENT 5 Overview of Crimes 5 Types of Crimes and Punishment 8

CARC SCARC, INC. EVALUATION, (352) / Fax (352) TO: Applicants FROM: Marsha Woodard Perkins, Executive Director RE:

Charlotte County Sheriff s Office

HOUSE BILL 2162 AN ACT

Criminal Statutes of Limitations Florida

AN ACT. SECTION 1. Article 18.02(a), Code of Criminal Procedure, is amended to. (1) property acquired by theft or in any other manner which makes

Assembly Bill No. 579 Select Committee on Corrections, Parole, and Probation

DID YOU REMEMBER TO. Sign and date your application in front of a notary? Provide a certified disposition of your case?

APPENDIX SCHEDULE OF LESSER INCLUDED OFFENSES COMMENT ON SCHEDULE OF LESSER INCLUDED OFFENSES

SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE

to the child, the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation

SENATE BILL No Introduced by Senators Lara and Mitchell. February 16, 2018

Transcription:

CHAPTER 2001-233 House Bill No. 1845 An act relating to the criminal use of personal information; amending s. 817.568, F.S.; providing that the willful and fraudulent use of personal identification information of another individual is a felony of the second degree if the value of the pecuniary benefit services received, payment sought to be avoided, or injury or fraud perpetrated is of a specified amount or more; providing for reclassification of certain offenses involving the criminal use of personalidentification information if the offense was facilitated by the use of a public record; requiring that such offense be prosecuted in the county where the victim resides or in a county where any element of the offense occurred; limiting the time within which a person who fraudulently uses personal-identification information must be prosecuted; amending s. 921.0022, F.S., relating to the offense severity ranking chart of the Criminal Punishment Code; ranking offenses relating to fraudulent use of personal identification information; providing an effective date. Be It Enacted by the Legislature of the State of : Section 1. Section 817.568, Statutes, is amended to read: 817.568 Criminal use of personal identification information. (1) As used in this section, the term: (a) Access device means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by paper instrument. (b) Authorization means empowerment, permission, or competence to act. (c) Harass means to engage in conduct directed at a specific person that is intended to cause substantial emotional distress to such person and serves no legitimate purpose. Harass does not mean to use personal identification information for accepted commercial purposes. The term does not include constitutionally protected conduct such as organized protests or the use of personal identification information for accepted commercial purposes. (d) Individual means a single human being and does not mean a firm, association of individuals, corporation, partnership, joint venture, sole proprietorship, or any other entity. (e) Person means a person as defined in s. 1.01(3). 1

(f) Personal identification information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any: 1. Name, social security number, date of birth, official state-issued or United States-issued driver s license or identification number, alien registration number, government passport number, employer or taxpayer identification number, or Medicaid or food stamp account number; 2. Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; 3. Unique electronic identification number, address, or routing code; or 4. Telecommunication identifying information or access device. (2)(a) Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning an individual without first obtaining that individual s consent, commits the offense of fraudulent use of personal identification information, which is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual without first obtaining that individual s consent commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $75,000 or more. (3) Any person who willfully and without authorization possesses, uses, or attempts to use personal identification information concerning an individual without first obtaining that individual s consent, and who does so for the purpose of harassing that individual, commits the offense of harassment by use of personal identification information, which is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) If an offense prohibited under this section was facilitated or furthered by the use of a public record, as defined in s. 119.011, the offense is reclassified to the next higher degree as follows: (a) A misdemeanor of the first degree is reclassified as a felony of the third degree. (b) A felony of the third degree is reclassified as a felony of the second degree. (c) A felony of the second degree is reclassified as a felony of the first degree. For purposes of sentencing under chapter 921 and incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this 2

subsection is ranked one level above the ranking under s. 921.0022 of the felony offense committed, and a misdemeanor offense that is reclassified under this subsection is ranked in level 2 of the offense severity ranking chart in s. 921.0022. (5)(4) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of this state or any of its political subdivisions, of any other state or its political subdivisions, or of the Federal Government or its political subdivisions. (6)(5)(a) In sentencing a defendant convicted of an offense under this section, the court may order that the defendant make restitution pursuant to s. 775.089 to any victim of the offense. In addition to the victim s out-ofpocket costs, such restitution may include payment of any other costs, including attorney s fees incurred by the victim in clearing the victim s credit history or credit rating, or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as the result of the actions of the defendant. (b) The sentencing court may issue such orders as are necessary to correct any public record that contains false information given in violation of this section. (7)(6) Prosecutions for violations of this section may be brought on behalf of the state by any state attorney or by the statewide prosecutor. (8) LEGISLATIVE FINDING. The Legislature finds that, in the absence of evidence to the contrary, the location where a victim gives or fails to give consent to the use of personal identification information is the county where the victim generally resides. (9) Notwithstanding any other provision of law, venue for the prosecution and trial of violations of this section may be commenced and maintained in any county in which an element of the offense occurred, including the county where the victim generally resides. (10) A prosecution of an offense prohibited under subsection (2) must be commenced within 3 years after the offense occurred. However, a prosecution may be commenced within 1 year after discovery of the offense by an aggrieved party, or by a person who has a legal duty to represent the aggrieved party and who is not a party to the offense, if such prosecution is commenced within 5 years after the violation occurred. Section 2. Paragraphs (d) and (e) of subsection (3) of section 921.0022, Statutes, are amended to read: 921.0022 Criminal Punishment Code; offense severity ranking chart. (3) OFFENSE SEVERITY RANKING CHART 3

(d) LEVEL 4 316.1935(3) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a marked patrol vehicle with siren and lights activated. 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc. 784.075 3rd Battery on detention or commitment facility staff. 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 784.081(3) 3rd Battery on specified official or employee. 784.082(3) 3rd Battery by detained person on visitor or other detainee. 784.083(3) 3rd Battery on code inspector. 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 787.03(1) 3rd Interference with custody; wrongly takes child from appointed guardian. 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 790.115(2)(c) 3rd Possessing firearm on school property. 800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years. 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 4

810.06 3rd Burglary; possession of tools. 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 817.568(2)(a) 3rd Fraudulent use of personal-identification information. 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 837.02(1) 3rd Perjury in official proceedings. 837.021(1) 3rd Make contradictory statements in official proceedings. 843.021 3rd Possession of a concealed handcuff key by a person in custody. 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang. 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). 914.14(2) 3rd Witnesses accepting bribes. 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 918.12 3rd Tampering with jurors. (e) LEVEL 5 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene. 316.1935(4) 2nd Aggravated fleeing or eluding. 5

322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 790.01(2) 3rd Carrying a concealed firearm. 790.162 2nd Threat to throw or discharge destructive device. 790.163 2nd False report of deadly explosive. 790.165(2) 3rd Manufacture, sell, possess, or deliver hoax bomb. 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 790.23 2nd Felons in possession of firearms or electronic weapons or devices. 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years. 800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older. 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 812.019(1) 2nd Stolen property; dealing in or trafficking in. 812.131(2)(b) 3rd Robbery by sudden snatching. 812.16(2) 3rd Owning, operating, or conducting a chop shop. 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $75,000 or more. 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. 6

843.01 3rd Resist officer with violence to person; resist arrest with violence. 874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense. 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility or school. 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of university or public park. 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of public housing facility. 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). Section 3. This act shall take effect July 1, 2001. Approved by the Governor June 13, 2001. Filed in Office Secretary of State June 13, 2001. 7