Bill Text: FL S0390 | 2015 | Regular Session | Comm Sub
Bill Title: Fraud
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2015-04-23 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 157 (Ch. 2015-166) [S0390 Detail]
Download: Florida-2015-S0390-Comm_Sub.html
Florida Senate - 2015 CS for CS for CS for SB 390 By the Committees on Fiscal Policy; Criminal Justice; and Judiciary; and Senator Richter 594-04167-15 2015390c3 1 A bill to be entitled 2 An act relating to fraud; creating s. 817.011, F.S.; 3 defining the term “business entity”; amending s. 4 817.02, F.S.; providing that causing damage to a 5 victim’s credit history or credit rating or otherwise 6 causing harm to the victim in the course of falsely 7 personating the victim is punishable; providing for 8 restitution to victims for certain costs; authorizing 9 the court to issue orders to correct a public record 10 under certain circumstances; providing for a civil 11 cause of action for certain victims; defining the term 12 “victim”; creating s. 817.032, F.S.; defining the term 13 “victim”; requiring business entities to provide 14 copies of business records of fraudulent transactions 15 involving identity theft to victims and law 16 enforcement agencies in certain circumstances; 17 providing an exception; providing for verification of 18 a victim’s identity and claim; providing procedures 19 for claims; requiring that certain information be 20 provided to victims without charge; specifying 21 circumstances in which business entities may decline 22 to provide information; providing a limitation on 23 civil liability for business entities that provide or 24 decline to provide information in certain 25 circumstances; specifying that no new record retention 26 is required; providing an affirmative defense to 27 business entities in actions seeking enforcement of 28 provisions; amending s. 817.11, F.S.; making editorial 29 changes; transferring, renumbering, and amending ss. 30 817.12 and 817.13, F.S.; combining offense, penalty, 31 and evidence provisions and transferring such 32 provisions to s. 817.11, F.S.; amending s. 817.14, 33 F.S.; clarifying provisions; amending s. 817.15, F.S.; 34 substituting the term “business entity” for the term 35 “corporation”; amending ss. 817.17 and 817.18, F.S.; 36 including counties and other political subdivisions in 37 provisions prohibiting the false marking of goods or 38 packaging with a location of origin; reorganizing 39 penalty provisions; amending s. 817.19, F.S.; 40 prohibiting fraudulent issuance of indicia of 41 membership interest in a limited liability company; 42 amending s. 817.39, F.S.; substituting the term 43 “business entity” for the term “corporation”; amending 44 s. 817.40, F.S.; specifying that the term “misleading 45 advertising” includes electronic forms of 46 dissemination; amending s. 817.411, F.S.; substituting 47 the term “business entity” for the term “corporation”; 48 specifying that certain false statements made through 49 electronic means are prohibited; amending s. 817.412, 50 F.S.; specifying that electronic statements are 51 included in provisions prohibiting false 52 representations of used goods as new; creating s. 53 817.414, F.S.; prohibiting the sale of counterfeit 54 security company signs or decals; providing criminal 55 penalties; amending s. 817.481, F.S.; clarifying 56 provisions; amending s. 817.50, F.S.; revising 57 criminal penalties for fraudulently obtaining goods or 58 services from a health care provider; amending s. 59 817.568, F.S.; expanding specified identity theft 60 offenses to include all persons rather than being 61 limited to natural persons; including dissolved 62 business entities within certain offenses involving 63 fraudulent use of personal identification information 64 of deceased persons; amending s. 817.569, F.S.; 65 prohibiting a person from knowingly providing false 66 information that becomes part of a public record to 67 facilitate or further the commission of certain 68 offenses; providing criminal penalties; amending s. 69 921.0022, F.S.; conforming provisions to changes made 70 by the act; providing an effective date. 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1. Section 817.011, Florida Statutes, is created to 75 read: 76 817.011 Definition.—As used in this chapter, the term 77 “business entity” means any corporation, partnership, limited 78 partnership, company, limited liability company, proprietorship, 79 firm, enterprise, franchise, association, self-employed 80 individual, or trust, whether fictitiously named or not, doing 81 business in this state. 82 Section 2. Section 817.02, Florida Statutes, is amended to 83 read: 84 817.02 Obtaining property by false personation.— 85 (1) Whoever falsely personates or represents another 86 person, and in such assumed character: 87 (a) Receives any property intended to be delivered to that 88 personthe party so personated, with intent to convert the same 89 to his or her own use; or 90 (b) To the extent not subject to s. 817.568, damages the 91 credit history or credit rating of, or otherwise causes harm to, 92 the person whose identity has been assumed through the taking of 93 property from any person, 94 95 shall be punished as if he or she had been convicted of larceny. 96 (2)(a) In sentencing a defendant convicted of a violation 97 of this section, in addition to restitution to the victim under 98 s. 775.089, the court may order restitution for the victim’s 99 out-of-pocket costs, including attorney fees and fees associated 100 with services provided by certified public accountants licensed 101 under chapter 473, incurred by the victim in clearing the 102 victim’s credit history or credit rating, or costs incurred in 103 connection with a civil or administrative proceeding to satisfy 104 a debt, lien, or other obligation of the victim arising as a 105 result of the actions of the defendant. 106 (b) The sentencing court may issue such orders as are 107 necessary to correct a public record that contains false 108 information given in violation of this section. 109 (3)(a) A victim of the conduct subject to this section 110 shall have a civil cause of action against a person who has 111 engaged in the conduct prohibited by this section as provided in 112 s. 772.11. 113 (b) For purposes of this subsection, the term “victim” 114 includes, to the extent not already included within s. 817.568, 115 a person whose identity was falsely personated or who suffers a 116 loss of property as a result of the false personation. 117 Section 3. Section 817.032, Florida Statutes, is created to 118 read: 119 817.032 Information available to identity theft victims.— 120 (1) DEFINITION.—As used in this section, the term “victim” 121 means a person whose means of identification or financial 122 information is used or transferred or is alleged to be used or 123 transferred without the authority of that person with the intent 124 to commit or to aid or abet an identity theft or a similar 125 crime. 126 (2) GENERALLY.— 127 (a) For the purpose of documenting fraudulent transactions 128 resulting from identity theft, within 30 days after the date of 129 receipt of a request from a victim in accordance with subsection 130 (4), and subject to verification of the identity of the victim 131 and the claim of identity theft in accordance with subsection 132 (3), a business entity that has provided credit to; provided for 133 consideration products, goods, or services to; accepted payment 134 from; or otherwise entered into a commercial transaction for 135 consideration with, a person who has allegedly made unauthorized 136 use of the means of identification of the victim, shall provide 137 a copy of the application and business transaction records in 138 the control of the business entity, whether maintained by the 139 business entity or by another person on behalf of the business 140 entity, evidencing any transaction alleged to be a result of 141 identity theft to: 142 1. The victim; 143 2. A federal, state, or local governmental law enforcement 144 agency, or officer specified by the victim in such a request; or 145 3. A law enforcement agency investigating the identity 146 theft and authorized by the victim to take receipt of records 147 provided under this section. 148 (b) This subsection does not apply to a third party 149 providing a service to effect, administer, facilitate, process, 150 or enforce a financial transaction initiated by an individual. 151 (3) VERIFICATION OF IDENTITY AND CLAIM.—Before a business 152 entity provides any information under subsection (2), unless the 153 business entity, at its discretion, has a high degree of 154 confidence that it knows the identity of the victim making a 155 request under subsection (2), the victim shall provide to the 156 business entity: 157 (a) As proof of positive identification of the victim, at 158 the election of the business entity: 159 1. The presentation of a government-issued identification 160 card; 161 2. Personal identifying information of the same type as 162 provided to the business entity by the unauthorized person; or 163 3. Personal identifying information that the business 164 entity typically requests from new applicants or for new 165 transactions, at the time of the victim’s request for 166 information, including any documentation described in 167 subparagraphs 1. and 2. 168 (b) As proof of a claim of identity theft, at the election 169 of the business entity: 170 1. A copy of a police report evidencing the claim of the 171 victim of identity theft; and 172 2. A properly completed affidavit of fact which is 173 acceptable to the business entity for that purpose. 174 (4) PROCEDURES.—The request of a victim under subsection 175 (2) must: 176 (a) Be in writing; 177 (b) Be mailed or delivered to an address specified by the 178 business entity, if any; and 179 (c) If asked by the business entity, include relevant 180 information about any transaction alleged to be a result of 181 identity theft to facilitate compliance with this section, 182 including: 183 1. If known by the victim or readily obtainable by the 184 victim, the date of the application or transaction. 185 2. If known by the victim or readily obtainable by the 186 victim, any other identifying information such as an account 187 number or transaction number. 188 (5) NO CHARGE TO VICTIM.—Information required to be 189 provided under subsection (2) shall be provided without charge. 190 (6) AUTHORITY TO DECLINE TO PROVIDE INFORMATION.—A business 191 entity may decline to provide information under subsection (2) 192 if, in the exercise of good faith, the business entity 193 determines that: 194 (a) This section does not require disclosure of the 195 information; 196 (b) After reviewing the information provided pursuant to 197 subsection (3), the business entity does not have a high degree 198 of confidence in knowing the true identity of the individual 199 requesting the information; 200 (c) The request for the information is based on a 201 misrepresentation of fact by the individual requesting the 202 information; 203 (d) The information requested is Internet navigational data 204 or similar information about a person’s visit to a website or 205 online service; or 206 (e) The disclosure is otherwise prohibited by state or 207 federal law. 208 (7) LIMITATION ON CIVIL LIABILITY.—A business entity may 209 not be held civilly liable in this state for a disclosure made 210 in good faith pursuant to this section or a decision to decline 211 to provide information as provided in subsection (6). 212 (8) NO NEW RECORDKEEPING OBLIGATION.—This section does not 213 create an obligation on the part of a business entity to obtain, 214 retain, or maintain information or records that are not 215 otherwise required to be obtained, retained, or maintained in 216 the ordinary course of its business or under other applicable 217 law. 218 (9) AFFIRMATIVE DEFENSE.—In any civil action brought to 219 enforce this section, it is an affirmative defense, which the 220 defendant must establish by a preponderance of the evidence, for 221 a business entity to file an affidavit or answer stating that: 222 (a) The business entity has made a reasonably diligent 223 search of its available business records. 224 (b) The records requested under this section do not exist 225 or are not reasonably available. 226 Section 4. Section 817.11, Florida Statutes, is amended, 227 and sections 817.12 and 817.13, Florida Statutes, are 228 transferred and renumbered as subsections (2) and (3), 229 respectively, of section 817.11, Florida Statutes, and amended, 230 to read: 231 817.11 Obtaining property by fraudulent promise to furnish 232 inside information.— 233 (1) ANoperson may notshalldefraud or attempt to defraud 234 any individual out of anythingany thingof value by assuming to 235 have or be able to obtain any secret, advance or inside 236 information regarding any person, transaction, act or thing, 237 whether such person, transaction, act or thing exists or not. 238 (2)817.12A person who violates this section commits 239Penalty for violation of s. 817.11.—Any person guilty of240violating the provisions of s. 817.11 shall be deemed guilty of241 a felony of the third degree, punishable as provided in s. 242 775.082, s. 775.083, or s. 775.084. 243 (3)817.13Paraphernalia as evidence of violation of s.244817.11.—All paraphernalia of whatsoever kind in possession of 245 any person and used in defrauding or attempting to defraud as 246 specified in this sections. 817.11shall be held and accepted 247 by any court of competent jurisdiction in this state as prima 248 facie evidence of guilt. 249 Section 5. Section 817.14, Florida Statutes, is amended to 250 read: 251 817.14 Procuring assignments of produce upon false 252 representations.—AAnyperson acting for himself or herself or 253 another person, who shall procure any consignment of produce 254 grown in this state, to himself or herself or such other, for 255 sale on commission or for other compensation by any knowingly 256 false representation as to the prevailing market price at such 257 time for such produce at the point to which it is consigned, or 258 as to the price which such person for whom he or she is acting 259 is at said time paying to other consignors for like produce at 260 said place, or as to the condition of the market for such 261 produce at such time and place, and any such person acting for 262 another who shall procure any consignment for sale as aforesaid 263 by false representation of authority to him or her by such other 264 to make a guaranteed price to the consignor, commitsshall be265guilty ofa misdemeanor of the first degree, punishable as 266 provided in s. 775.082 or s. 775.083. 267 Section 6. Section 817.15, Florida Statutes, is amended to 268 read: 269 817.15MakingFalse entries in, etc., onbooks of business 270 entitycorporation.—Any officer, agent, clerk or servant of a 271 business entitycorporationwho makes a false entry in the books 272 thereof, with intent to defraud, and any person whose duty it is 273 to make in such books a record or entry of the transfer of 274 stock, or of the issuing and canceling of certificates thereof, 275 or of the amount of stock issued by such business entity 276corporation, who omits to make a true record or entry thereof, 277 with intent to defraud, commitsshall be guilty ofa felony of 278 the third degree, punishable as provided in s. 775.082, s. 279 775.083, or s. 775.084. 280 Section 7. Section 817.17, Florida Statutes, is amended to 281 read: 282 817.17 Wrongful use of city, county, or other political 283 subdivision name.— 284 (1) ANoperson or persons engaged in manufacturing in this 285 state, may notshallcause to be printed, stamped, marked, 286 engraved or branded, upon any of the articles manufactured by 287 them, or on any of the boxes, packages, or bands containing such 288 manufactured articles, the name of any city, county, or other 289 political subdivision ofinthe state, other than that in which 290 said articles are manufactured; provided, thatnothing inthis 291 section does notshallprohibit any person from offering for 292 sale any goods having marked thereon the name of any city, 293 county, or other political subdivision of the statein Florida294 other than that in which said goods were manufactured, if there 295 be no manufactory of similar goods in the city, county, or other 296 political subdivision the name of which is used. 297 (2) A person violating this section commits a misdemeanor 298 of the second degree, punishable as provided in s. 775.083. 299 Section 8. Section 817.18, Florida Statutes, is amended to 300 read: 301 817.18 Wrongful marking with a city, county, or other 302 political subdivision namestamping, marking, etc.; penalty.— 303 (1) ANoperson may notshallknowingly sell or offer for 304 sale, within the state, any manufactured articles which shall 305 have printed, stamped, marked, engraved, or branded upon them, 306 or upon the boxes, packages, or bands containing said 307 manufactured articles, the name of any city, county, or other 308 political subdivision ofinthe state, other than that in which 309 such articles were manufactured; provided, thatnothing inthis 310 section does notshallprohibit any person from offering for 311 sale any goods, having marked thereon the name of any city, 312 county, or other political subdivision of the statein Florida, 313 other than that in which said goods are manufactured, if there 314 be no manufactory of similar goods in the city, county, or other 315 political subdivision the name of which is used. 316 (2) AAnyperson violatingthe provisions ofthisor the317precedingsection commitsshall be guilty ofa misdemeanor of 318 the second degree, punishable as provided in s. 775.083. 319 Section 9. Section 817.19, Florida Statutes, is amended to 320 read: 321 817.19 Fraudulent issue of stock certificate or indicia of 322 membership interestof stock of corporation.—Any officer, agent, 323 clerk or servant of a corporation, or any other person, who 324 fraudulently issues or transfers a certificate of stock of a 325 corporation or indicia of a membership interest in a limited 326 liability company to any person not entitled thereto, or 327 fraudulently signs such certificate or other indicia of 328 membership interest, in blank or otherwise, with the intent that 329 it shall be so issued or transferred by himself or herself or 330 any other person, commitsshall be guilty ofa felony of the 331 third degree, punishable as provided in s. 775.082, s. 775.083, 332 or s. 775.084. 333 Section 10. Subsections (1) and (3) of section 817.39, 334 Florida Statutes, are amended to read: 335 817.39 Simulated forms of court or legal process, or 336 official seal or stationery; publication, sale or circulation 337 unlawful; penalty.— 338 (1) Any person, firm,or business entitycorporationwho 339 printsshall print, for the purpose of sale or distribution and 340 for use in the state, or who circulates, publishes, or offers 341shall circulate, publish, or offerfor sale any letter, paper, 342 document, notice of intent to bring suit, or other notice or 343 demand, which simulates a form of court or legal process, or any 344 person who without authority of the state printsshall print, 345 for the purpose of sale or distribution for use in the state, or 346 who without authority of the state circulates, publishes, or 347 offersshall circulate, publish, use, or offerfor sale any 348 letters, papers, or documents which simulate the seal of the 349 state, or the stationery of a state agency or fictitious state 350 agency commitsis guilty ofa misdemeanor of the second degree, 351 punishable as provided in s. 775.082 or s. 775.083. 352 (3)Nothing inThis section does notshallprevent the 353 printing, publication, sale, or distribution of genuine legal 354 forms for the use of attorneys or clerks of courts. 355 Section 11. Subsection (5) of section 817.40, Florida 356 Statutes, is amended to read: 357 817.40 False, misleading and deceptive advertising and 358 sales; definitions.—When construing ss. 817.40, 817.41, 817.43 359 817.47, and each and every word, phrase or part thereof, where 360 the context will permit: 361 (5) The phrase “misleading advertising” includes any 362 statements made, or disseminated, in oral, written, electronic, 363 or printed form or otherwise, to or before the public, or any 364 portion thereof, which are known, or through the exercise of 365 reasonable care or investigation could or might have been 366 ascertained, to be untrue or misleading, and which are or were 367 so made or disseminated with the intent or purpose, either 368 directly or indirectly, of selling or disposing of real or 369 personal property, services of any nature whatever, professional 370 or otherwise, or to induce the public to enter into any 371 obligation relating to such property or services. 372 Section 12. Section 817.411, Florida Statutes, is amended 373 to read: 374 817.411 False information; advertising.—ANoperson, firm375 or business entity may notcorporation shallknowingly publish, 376 disseminate, circulate, or place before the public, or cause 377 directly or indirectly, to be made, published, disseminated, 378 circulated, or placed before the public, in a newspaper, 379 magazine or other publication, or in the form of a notice, 380 circular, pamphlet, letter or poster, or over any radio or 381 television station, electronically, or in any other way, any 382 advertisement, announcement, or statement containing any 383 assertion, representation, or statement that commodities, 384 mortgages, promissory notes, securities, or other things of 385 value offered for sale are covered by insurance guaranties where 386 such insurance is nonexistent or does not in fact insure against 387 the risks covered. 388 Section 13. Section 817.412, Florida Statutes, is amended 389 to read: 390 817.412 Sale of used goods as new; penalty.— 391 (1) It is unlawful for a seller in a transaction where the 392 purchase price of goods exceeds $100 to misrepresent orally, in 393 writing, electronically, or by failure to speak that the goods 394 are new or original when they are used or repossessed or where 395 they have been used for sales demonstration. 396 (2) A person who violatesthe provisions ofthis section 397 commits a misdemeanor of the first degree, punishable as 398 provided in s. 775.082 or s. 775.083. 399 Section 14. Section 817.414, Florida Statutes, is created 400 to read: 401 817.414 Sale of counterfeit security signs and decals.—A 402 person who willfully and knowingly sells or attempts to sell a 403 counterfeit sign or decal in this state with the name or logo of 404 a security company without the express written consent of the 405 company commits: 406 (1) For the first offense, a misdemeanor of the second 407 degree, punishable as provided in s. 775.082 or s. 775.083. 408 (2) For a second or subsequent offense, a misdemeanor of 409 the first degree, punishable as provided in s. 775.082 or s. 410 775.083. 411 Section 15. Subsection (1) of section 817.481, Florida 412 Statutes, is amended to read: 413 817.481 Credit or purchasescards; obtaining illicitly 414goods by use of false, expired, etc.; penalty.— 415 (1) It shall be unlawful for any person knowingly to obtain 416 or attempt to obtain credit, or to purchase or attempt to 417 purchase any goods, property, or service, by the use of any 418 false, fictitious, counterfeit, or expired credit card, 419 telephone number, credit number, or other credit device, or by 420 the use of any credit card, telephone number, credit number, or 421 other credit device of another person without the authority of 422 the person to whom such card, number or device was issued, or by 423 the use of any credit card, telephone number, credit number, or 424 other credit device in any case where such card, number or 425 device has been revoked and notice of revocation has been given 426 to the person to whom issued. 427 Section 16. Section 817.50, Florida Statutes, is amended to 428 read: 429 817.50 Fraudulently obtaining goods or,services, etc.,430 from a health care provider.— 431 (1) Whoever shall, willfully and with intent to defraud, 432 obtain or attempt to obtain goods, products, merchandise, or 433 services from any health care provider in this state, as defined 434 in s. 641.19(14), commits a felonymisdemeanorof the third 435seconddegree, punishable as provided in s. 775.082,ors. 436 775.083, or s. 775.084. 437 (2) If any person gives to any health care provider in this 438 state a false or fictitious name or a false or fictitious 439 address or assigns to any health care provider the proceeds of 440 any health maintenance contract or insurance contract, then 441 knowing that such contract is no longer in force, is invalid, or 442 is void for any reason, such action shall be prima facie 443 evidence of the intent of such person to defraud the health care 444 provider. However, this subsection does not apply to 445 investigative actions taken by law enforcement officers for law 446 enforcement purposes in the course of their official duties. 447 Section 17. Paragraph (f) of subsection (1) and subsections 448 (2), (4), (8), and (9) of section 817.568, Florida Statutes, are 449 amended to read: 450 817.568 Criminal use of personal identification 451 information.— 452 (1) As used in this section, the term: 453 (f) “Personal identification information” means any name or 454 number that may be used, alone or in conjunction with any other 455 information, to identify a specific personindividual, including 456 any: 457 1. Name, postal or electronic mail address, telephone 458 number, social security number, date of birth, mother’s maiden 459 name, official state-issued or United States-issued driver 460 license or identification number, alien registration number, 461 government passport number, employer or taxpayer identification 462 number, Medicaid or food assistance account number, bank account 463 number, credit or debit card number, or personal identification 464 number or code assigned to the holder of a debit card by the 465 issuer to permit authorized electronic use of such card; 466 2. Unique biometric data, such as fingerprint, voice print, 467 retina or iris image, or other unique physical representation; 468 3. Unique electronic identification number, address, or 469 routing code; 470 4. Medical records; 471 5. Telecommunication identifying information or access 472 device; or 473 6. Other number or information that can be used to access a 474 person’s financial resources. 475 (2)(a) Any person who willfully and without authorization 476 fraudulently uses, or possesses with intent to fraudulently use, 477 personal identification information concerning another person an478individualwithout first obtaining that person’sindividual’s479 consent, commits the offense of fraudulent use of personal 480 identification information, which is a felony of the third 481 degree, punishable as provided in s. 775.082, s. 775.083, or s. 482 775.084. 483 (b) Any person who willfully and without authorization 484 fraudulently uses personal identification information concerning 485 a personan individualwithout first obtaining that person’s 486individual’sconsent commits a felony of the second degree, 487 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 488 if the pecuniary benefit, the value of the services received, 489 the payment sought to be avoided, or the amount of the injury or 490 fraud perpetrated is $5,000 or more or if the person 491 fraudulently uses the personal identification information of 10 492 or more personsindividuals, but fewer than 20 persons 493individuals, without their consent. Notwithstanding any other 494 provision of law, the court shall sentence any person convicted 495 of committing the offense described in this paragraph to a 496 mandatory minimum sentence of 3 years’ imprisonment. 497 (c) Any person who willfully and without authorization 498 fraudulently uses personal identification information concerning 499 a personan individualwithout first obtaining that person’s 500individual’sconsent commits a felony of the first degree, 501 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 502 if the pecuniary benefit, the value of the services received, 503 the payment sought to be avoided, or the amount of the injury or 504 fraud perpetrated is $50,000 or more or if the person 505 fraudulently uses the personal identification information of 20 506 or more personsindividuals, but fewer than 30 persons 507individuals, without their consent. Notwithstanding any other 508 provision of law, the court shall sentence any person convicted 509 of committing the offense described in this paragraph to a 510 mandatory minimum sentence of 5 years’ imprisonment. If the 511 pecuniary benefit, the value of the services received, the 512 payment sought to be avoided, or the amount of the injury or 513 fraud perpetrated is $100,000 or more, or if the person 514 fraudulently uses the personal identification information of 30 515 or more personsindividualswithout their consent, 516 notwithstanding any other provision of law, the court shall 517 sentence any person convicted of committing the offense 518 described in this paragraph to a mandatory minimum sentence of 519 10 years’ imprisonment. 520 (4) Any person who willfully and without authorization 521 possesses, uses, or attempts to use personal identification 522 information concerning a personan individualwithout first 523 obtaining that person’sindividual’sconsent, and who does so 524 for the purpose of harassing that personindividual, commits the 525 offense of harassment by use of personal identification 526 information, which is a misdemeanor of the first degree, 527 punishable as provided in s. 775.082 or s. 775.083. 528 (8)(a) Any person who willfully and fraudulently uses, or 529 possesses with intent to fraudulently use, personal 530 identification information concerning a deceased individual or 531 dissolved business entity commits the offense of fraudulent use 532 or possession with intent to use personal identification 533 information of a deceased individual or dissolved business 534 entity, a felony of the third degree, punishable as provided in 535 s. 775.082, s. 775.083, or s. 775.084. 536 (b) Any person who willfully and fraudulently uses personal 537 identification information concerning a deceased individual or 538 dissolved business entity commits a felony of the second degree, 539 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 540 if the pecuniary benefit, the value of the services received, 541 the payment sought to be avoided, or the amount of injury or 542 fraud perpetrated is $5,000 or more, or if the person 543 fraudulently uses the personal identification information of 10 544 or more but fewer than 20 deceased individuals or dissolved 545 business entities. Notwithstanding any other provision of law, 546 the court shall sentence any person convicted of committing the 547 offense described in this paragraph to a mandatory minimum 548 sentence of 3 years’ imprisonment. 549 (c) Any person who willfully and fraudulently uses personal 550 identification information concerning a deceased individual or 551 dissolved business entity commits the offense of aggravated 552 fraudulent use of the personal identification information of 553 multiple deceased individuals or dissolved business entities, a 554 felony of the first degree, punishable as provided in s. 555 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, 556 the value of the services received, the payment sought to be 557 avoided, or the amount of injury or fraud perpetrated is $50,000 558 or more, or if the person fraudulently uses the personal 559 identification information of 20 or more but fewer than 30 560 deceased individuals or dissolved business entities. 561 Notwithstanding any other provision of law, the court shall 562 sentence any person convicted of the offense described in this 563 paragraph to a minimum mandatory sentence of 5 years’ 564 imprisonment. If the pecuniary benefit, the value of the 565 services received, the payment sought to be avoided, or the 566 amount of the injury or fraud perpetrated is $100,000 or more, 567 or if the person fraudulently uses the personal identification 568 information of 30 or more deceased individuals or dissolved 569 business entities, notwithstanding any other provision of law, 570 the court shall sentence any person convicted of an offense 571 described in this paragraph to a mandatory minimum sentence of 572 10 years’ imprisonment. 573 (9) Any person who willfully and fraudulently creates or 574 uses, or possesses with intent to fraudulently use, counterfeit 575 or fictitious personal identification information concerning a 576 fictitious personindividual, or concerning a real person 577individualwithout first obtaining that real person’s 578individual’sconsent, with intent to use such counterfeit or 579 fictitious personal identification information for the purpose 580 of committing or facilitating the commission of a fraud on 581 another person, commits the offense of fraudulent creation or 582 use, or possession with intent to fraudulently use, counterfeit 583 or fictitious personal identification information, a felony of 584 the third degree, punishable as provided in s. 775.082, s. 585 775.083, or s. 775.084. 586 Section 18. Section 817.569, Florida Statutes, is amended 587 to read: 588 817.569 Criminal use of a public record or public records 589 information; providing false information; penalties.—A person 590 who knowingly uses any public record, as defined in s. 119.011, 591orwho knowingly uses information obtainable only through such 592 public record, or who knowingly provides false information that 593 becomes part of a public record to facilitate or further the 594 commission of: 595 (1) A misdemeanor of the first degree, commits a 596 misdemeanor of the first degree, punishable as provided in s. 597 775.082 or s. 775.083. 598 (2) A felony, commits a felony of the third degree, 599 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 600 Section 19. Paragraphs (a) and (e) of subsection (3) of 601 section 921.0022, Florida Statutes, are amended to read: 602 921.0022 Criminal Punishment Code; offense severity ranking 603 chart.— 604 (3) OFFENSE SEVERITY RANKING CHART 605 (a) LEVEL 1 606 607 608 FloridaStatute FelonyDegree Description 609 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 610 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 611 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000. 612 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 613 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 614 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 615 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 616 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification. 617 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 618 322.212(5)(a) 3rd False application for driver license or identification card. 619 414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200. 620 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 621 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 622 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300. 623 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 624 562.27(1) 3rd Possess still or still apparatus. 625 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50. 626 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 627 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret. 628 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data). 629 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 630 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 631 826.01 3rd Bigamy. 632 828.122(3) 3rd Fighting or baiting animals. 633 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 634 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 635 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 636 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. 637 838.15(2) 3rd Commercial bribe receiving. 638 838.16 3rd Commercial bribery. 639 843.18 3rd Fleeing by boat to elude a law enforcement officer. 640 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 641 849.01 3rd Keeping gambling house. 642 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. 643 849.23 3rd Gambling-related machines; “common offender” as to property rights. 644 849.25(2) 3rd Engaging in bookmaking. 645 860.08 3rd Interfere with a railroad signal. 646 860.13(1)(a) 3rd Operate aircraft while under the influence. 647 893.13(2)(a)2. 3rd Purchase of cannabis. 648 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 649 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. 650 (e) LEVEL 5 651 652 653 FloridaStatute FelonyDegree Description 654 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 655 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 656 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 657 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 658 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy. 659 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester. 660 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 661 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage. 662 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims. 663 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums. 664 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 665 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 666 790.01(2) 3rd Carrying a concealed firearm. 667 790.162 2nd Threat to throw or discharge destructive device. 668 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction. 669 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 670 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 671 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 672 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 673 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 674 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 675 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 676 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts. 677 812.019(1) 2nd Stolen property; dealing in or trafficking in. 678 812.131(2)(b) 3rd Robbery by sudden snatching. 679 812.16(2) 3rd Owning, operating, or conducting a chop shop. 680 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 681 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 682 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. 683 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more personsindividuals. 684 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder. 685 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 686 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. 687 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child. 688 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. 689 843.01 3rd Resist officer with violence to person; resist arrest with violence. 690 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 691 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment. 692 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 693 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 694 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 695 893.13(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). 696 893.13(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, school, or state, county, or municipal park or publicly owned recreational facility or community center. 697 893.13(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 1,000 feet of university. 698 893.13(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. 699 893.13(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 1,000 feet of public housing facility. 700 893.13(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). 701 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 702 Section 20. This act shall take effect October 1, 2015.