Arrestable Offenses / Crimes under Fla. Stat. 817.568
S817.568 6 - FRAUD-IMPERSON - USE ID YOUNGER 18Y OR 60Y OR OLDER W/O CONSENT - F: S
S817.568 6 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 7835 - F: S
S817.568 7 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 7836 - F: S
S817.568 7 - FRAUD-IMPERSON - PARENT GUARD USE ID YOUNGER 18Y OR 60Y OR OLDR - F: S
S817.568 11 - FRAUD-IMPERSON - FRAUD USE ID W/O CONSENT VIC FEDERAL EMPLOYEE - F: S
S817.568 2a - FRAUD-IMPERSON - RENUMBERED. SEE REC # 3981 - F: T
S817.568 2b - FRAUD-IMPERSON - USE PERSONAL INFORMATION W/O CONSENT $5K-$50K - F: S
S817.568 8a - FRAUD-IMPERSON - USE POSS PERSONAL ID DECEASE OR DISOLV BUS ENT - F: T
S817.568 8b - FRAUD-IMPERSON - USE ID DECEASED PERSN DISOLVE BUSINESS ENT $5K - F: S
S817.568 8b - FRAUD-IMPERSON - USE PERSNL ID DECEASED OR DISOLV BUS ENT 10-20 - F: S
S817.568 8c - FRAUD-IMPERSON - USE PERSNL ID DECEASED OR DISOLV BUS ENT 20-30 - F: F
S817.568 8c - FRAUD-IMPERSON - USE ID DECEASED PRSN DISOLVE BUSINESS ENT $50K - F: F
CopyCited 36 times | Published | Supreme Court of Florida | 2007 WL 2002611
...Unlike the other instructions pertaining to the unlawful use or possession of personal identification information, these proposed instructions include provisions for an enhanced penalty based upon the use of a public record to facilitate or further the identity theft, pursuant to sections 817.568(5) and (10), as well as based upon the pecuniary benefit, value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated, or the number of individuals victimized. See §§ 817.568(2)(b) and (c); 817.568(8)(b) and (c), Fla. Stat. While the basis for the enhanced penalty under sections 817.568(2) and 817.568(8) is fraudulent use, an enhancement under section 817.568(5) or section 817.568(10) does not require fraudulent use. However, proposed new instructions 20.13 and 20.17 cite sections 817.568(5) and 817.568(10), and state "Give if applicable and Fraudulent Use is charged." We are concerned that these proposed instructions fail to distinguish between the two distinct bases for application of an enhanced penalty, i.e., use of a public record to fa...
...-------------------------------- Comment This instruction was adopted in 1981 and amended in 1989 [
543 So.2d 1205], and in 2007, by adding the Inferences in §
812.022(2)-(6), Fla. Stat.
20.14 HARASSMENT BY USE OF PERSONAL IDENTIFICATION INFORMATION §
817.568(4), Fla....
...s no legitimate purpose. "Harass" does not mean to use personal identification information for accepted commercial purposes and does not include constitutionally protected conduct such as organized protests. Enhanced penalty. Give if applicable. See § 817.568(5) and (10), Fla. Stat., which if alleged will require an interrogatory. Lesser Included Offenses -------------------------------------------------------------------- HARASSMENT BY USE OF PERSONAL IDENTIFICATION INFORMATION 817.568(4) -------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....
...----------------------- Attempt (possession only)
777.04(1) 5.1 -------------------------------------------------------------------- Comment This instruction was adopted in 2007.
20.15 FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A MINOR §
817.568(6), Fla....
...ication number, address, or routing code, medical record, telecommunication identifying information or access device, or other number or information that can be used to access a person's financial resources. Enhanced penalty. Give if applicable. See § 817.568(5) and (10), Fla. Stat., which if alleged will require an interrogatory. Lesser Included Offenses -------------------------------------------------------------- FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A MINOR 817.568(6) -------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....
...----------------------- Attempt
777.04(1) 5.1 -------------------------------------------------------------- Comment This instruction was adopted in 2007. 20.16 FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A MINOR BY A PARENT OR GUARDIAN §
817.568(7), Fla....
...ication number, address, or routing code, medical record, telecommunication identifying information or access device, or other number or information that can be used to access a person's financial resources. Enhanced penalty. Give if applicable. See § 817.568(5) and (10), Fla. Stat., which if alleged will require an interrogatory. Lesser Included Offenses --------------------------------------------------------------- FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A MINOR BY A [PARENT] [GUARDIAN] 817.568(7) --------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....
...--------------------- Attempt
777.04(1) 5.1 --------------------------------------------------------------- Comment This instruction was adopted in 2007. 20.18 FRAUDULENT CREATION, USE OR POSSESSION OF COUNTERFEIT PERSONAL IDENTIFICATION INFORMATION §
817.568(9), Fla....
...or fabricated information in the similitude of the data just defined to you that, although not truthful or accurate, would in context lead a reasonably prudent person to credit its truthfulness and accuracy. Enhanced penalty. Give if applicable. See § 817.568(5) and (10), Fla. Stat., which if alleged will require an interrogatory. Lesser Included Offenses ------------------------------------------------------------------- FRAUDULENT CREATION, USE OR POSSESSION OF COUNTERFEIT PERSONAL IDENTIFICATION INFORMATION 817.568(9) ------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....
...tion, Use or Possession of Counterfeit Personal Identification Information, are modified to include the term "telephone number" under "Personal identification information" at the beginning of the fourth line, to bring the definition into accord with section 817.568(1)(f)1, Florida Statutes (2006).
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2014 WL 1258540, 2014 Fla. App. LEXIS 4679
LaROSE, Judge. The State appeals the trial court’s order dismissing the information alleging fraudulent use of personal identification against Lisa Roberts. See § 817.568(2)(a), Fla....
...ffender at the time of the omission. (Emphasis added.) Thus, Florida may exercise jurisdiction over Ms. Roberts if an element of the offense is an omission to perform a duty imposed by Florida law. Elements of Criminal Use of Personal Identification Section 817.568 provides, in pertinent part, as follows: (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 f...
...ossessing with intent to fraudulently use; (2) another person’s personal identification information; ... (3) without that person’s authorization or prior consent. Sibley v. State,
955 So.2d 1222, 1226 (Fla. 5th DCA 2007) (emphasis added) (citing §
817.568(2)(a), Fla....
...Townshend to use his personal information”). Omission of a Duty Imposed by Florida Law Ms. Roberts’ failure to obtain her aunt’s prior consent — or the result that she fraudulently used the information without such consent — is an element of the offense. See §
817.568(2)(a); Williams,
57 So.3d at 905 ....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3170113
...The order of suppression is reversed and the case is remanded for further proceedings. This opinion does not preclude Ms. Walter from challenging the circumstances of the second interview, which were not fully developed during the suppression hearing. Reversed and remanded. WALLACE and LaROSE, JJ., concur. NOTES [1] See § 817.568(2)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3524287
...ion, payable to the Florida Department of Law Enforcement and the United States Postal Service. The order was entered after she pleaded guilty to one count of criminal use of personal identification information, i.e., identity theft, in violation of section 817.568(2)(a), Florida Statute (2003), a third-degree felony....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 2006 WL 3913443
...vate medical and automobile insurance records of those witnesses that Adams then provided to Nofziger, who gave them to Donna, who, in turn, gave them to Ducote to use to Donna's benefit in the divorce in violation of Florida Statutes
817.02 [7] and
817.568....
...laims. He is not a public prosecutor or other similarly situated individual with standing to bring a criminal action. Saucer v. State,
779 So.2d 261 (Fla.2001) ("ordinarily, only the State can initiate a criminal action."). Moreover, Florida Statute Section
817.568(14) specifically provides that "[p]rosecutions for violations of this section may be brought on behalf of the state by any state attorney or by the statewide prosecutor." Kalmanson cannot bootstrap a possible criminal violation into s...
...uch assumed character receives any property intended to be delivered to the party so personated, with intent to convert the same to his or her own use, shall be punished as if he or she had been convicted of larceny. [8] As relevant, Florida Statute 817.568 provides as follows: 817.568....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 1372676
...it therefrom, or appropriating the property to one's own use or to the use of another person not entitled thereto. Donovan,
572 So.2d at 526 (citing §
817.034(4)(a), Fla. Stat.). Fraudulent use of personal identification information is addressed in section
817.568(2)(a), Florida Statutes, which states: (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 fir...
...Therefore, the elements of fraudulent use of personal identification information are: (1) willfully and fraudulently using or possessing with intent to fraudulently use; (2) another person's personal identification information; and (3) without that person's authorization or prior consent. § 817.568(2)(a), Fla....
CopyCited 1 times | Published | Supreme Court of Florida
...xual battery or simulates that
sexual battery is being or will be committed. [A mother breastfeeding her
baby does not under any circumstance constitute “sexual conduct.”]
- 10 -
§
784.049(2)(b), §
817.568(1)(f), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 3908, 2010 WL 1131447
...tatutes (1999); acquiring a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge in violation of section
893.13(7)(a)(9), Florida Statutes (1999); and criminal use of personal identification information in violation of section
817.568(2), Florida Statutes (1999)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2017 WL 2491562, 2017 Fla. App. LEXIS 8500
...1Thestatute also applies to applicants who have been convicted of or
have pleaded to similar felonies committed in other states or jurisdictions.
-2-
third-degree felony as set forth in section 817.568(2)(a), Florida Statutes (2011).2
These two convictions arose from an incident involving a single prescription that Paylan
obtained by using the personal identification information of someone who had consulted
with her for a medical procedure....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 25, 2011 WL 42888
...to determine the remainder of that obligation. Thus, the trial court did not increase Speer’s sentence. It simply made complete the incomplete sentence that had been imposed at the earlier hearing. AFFIRMED. MONACO, C.J. and JACOBUS, J., concur. . § 817.568(2), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 WL 1452299, 2016 Fla. App. LEXIS 5611
...throw a brick through a front window. Id, Because the evidence at trial clearly distinguished between the two separate offenses, double jeopardy considerations were not implicated. Id. Here, the state charged appellant in Count I with a violation of section 817.568(2)(b), Florida Statutes, and in Count II with a violation of section 817,568(2)(a), Florida Statutes. The elements of fraudulent use of personal identification information under section 817.568(2)(a), Florida Statutes (2007), are: (1) willfully and without authorization fraudulently using or possessing with intent to fraudulently use; (2) personal identification information concerning an individual; and (8) without first obtaining that individual’s consent. A violation of section 817.568(2)(a) is a third degree felony. Section 817.568(2)(b), Florida Statutes (2007), states in pertinent part that “[a]ny person who willfully and without authorization fraudulently uses personal identification information concerning an individual without first obtaining that individual’s consent commits a felony ... 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 $5,000 or more.” (emphasis added). A violation of section 817.568(2)(b) is a second degree, felony. In this case, the two charges are degrees of the same offense. The offenses do not each contain a separate element of proof that the other does not; therefore, section 817.568(2)(a) is a lesser included offense, which would subsumed by the greater offense of section 817.568(2)(b) if they were directed at a single act....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 13529
...Tallahassee, and Marilyn Muir Beccue,
Assistant Attorney General, Tampa, for
Appellee.
SALARIO, Judge.
Kenny Snell appeals his convictions and sentences for three counts of
fraudulent use of personal identification information, see § 817.568, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 13946, 2007 WL 2509813
...lently [used or possessed] with intent to fraudulently use; (2) another person’s personal identification information; and (3) without that person’s authorization or prior consent.” Sibley v. State,
955 So.2d 1222, 1226 (Fla. 5th DCA 2007); see §
817.568(2)(a), Fla....
...upply store. Consequently, this conviction must be vacated as well. In all other respects, the convictions are affirmed. AFFIRMED in part, REVERSED in part, and REMANDED. PLEUS, ORFINGER and EVANDER, JJ., concur. . §
895.03(3), Fla. Stat. (2003). . §
817.568(2)(a), Fla....
CopyPublished | Supreme Court of Florida
... criminal jury instructions 16.10 and 25.7 in In re Standard Jury Instructions in
Criminal Cases—Report 2017-03,
238 So. 3d 182 (Fla. 2018).
For all of the amended instructions, the Committee created a separate section
for the reclassification provided in section
817.568(5), Florida Statutes (2017),
which provides that if a crime under the statute was facilitated or furthered by the
use of a public record, the crime is reclassified to a higher degree and raised by one
level on the Criminal Punishment Code scoresheet. The Committee also included
a separate section in all of the amended instructions for the reclassification
provided in section
817.568(10), Florida Statutes (2017), which provides a one-
level increment in the Criminal Punishment Code scoresheet for any person who,
for the purpose of obtaining or using personal identification information,
misrepresents himself or...
...orizing the instruction.
-4-
APPENDIX
20.13 [FRAUDULENT USE OF] [OR] [POSSESSION WITH INTENT TO
FRAUDULENTLY USE] PERSONAL IDENTIFICATION INFORMATION
§ 817.568(2), Fla....
...[He] [She] did so without first obtaining the consent of (victim).
Definitions. Give as applicable.
“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception or both.
§ 817.568(1)(b), Fla. Stat.
“Authorization” means empowerment, permission, or competence to
act.
§ 817.568(1)(f), Fla....
...electronic identification number, address, or routing code, medical record,
telecommunication identifying information or access device, or other number
or information that can be used to access a person’s financial resources.
-5-
§ 817.568(1)(e), Fla....
...may be sole or joint,
that is, two or more persons may possess the personal identification
information.
Enhanced penalty. Give if applicable.
Reclassifications.
Give only if applicable and only if Fraudulent Use is charged.
§ 817.568(2)(b) and (2)(c), Fla....
...Stat.
If you find (defendant) guilty of Fraudulent Use of Personal
Identification Information, you must then determine whether the State has
further proved beyond a reasonable doubt that:
-6-
Give only if Fraudulent Use is charged.
§ 817.568(2), Fla....
...[he] [she] fraudulently used the personal identification
information of 30 or more persons without their consent.
Give only if applicable but may be used if either Fraudulent Use or
Possession with Intent to Fraudulently Use is charged.
§ 817.568(5), Fla....
...transmission, made or received pursuant to law or ordinance or in connection
with the transaction of official business by any agency.
Give a. and/or b. only if applicable but may be used if either Fraudulent Use
or Possession with Intent to Fraudulently Use is charged.
§ 817.568(10), Fla....
...(defendant)a. misrepresented [himself] [herself] to be [a law
enforcement officer] [an employee or representative of a bank,
credit card company, credit counseling company or credit
reporting agency].
§ 817.568(10), Fla....
...wrongfully represented that [he] [she] was seeking to
assist (victim) with (victim’s) credit history.
Lesser Included Offenses
[FRAUDULENT USE OF] [OR] [POSSESSION WITH INTENT TO
FRAUDULENTLY USE] PERSONAL IDENTIFICATION
INFORMATION —
817.568(2)
CATEGORY ONE CATEGORY FLA. STAT. INS. NO.
TWO
None*Unlawful
817.5685* 20.18(a)*
Possession of the
Personal
Identification
Information of
Another Person
Attempt
777.04(1) 5.1
Harassment by use
817.568(4) 20.14
of personal
identification
information
Unauthorized
322.212
possession of and
other unlawful acts...
...d solely with
fraudulent use of personal identification information is necessarily charged with
unlawful possession of personal identification information. In an abundance of
caution, the Committee on Standard Jury Instructions in Criminal Cases put
§
817.5685, Florida Statutes, in the Category One box.
This instruction was adopted in 2008 [
980 So. 2d 1056] and amended in
2016 [
202 So. 3d 830], and 2018.
20.14 HARASSMENT BY USE OF PERSONAL IDENTIFICATION
INFORMATION
§
817.568(4), Fla....
...[He] [She] did so without first obtaining the consent of (victim).
3. [He] [She] did so with the purpose of harassing (victim).
Definitions. Give as applicable.
“Willfully” means intentionally, knowingly, and purposely.
§ 817.568(1)(b), Fla. Stat.
“Authorization” means empowerment, permission, or competence to
act.
§ 817.568(1)(f), Fla....
...tation, unique
electronic identification number, address, or routing code, medical record,
telecommunication identifying information or access device, or other number
or information that can be used to access a person’s financial resources.
§ 817.568(1)(e), Fla. Stat.
The word “person” includes individuals, children, firms, associations,
joint adventures, partnerships, estates, trusts, business trusts, syndicates,
fiduciaries, corporations, and all other groups or combinations.
§ 817.568(1)(c), Fla....
...- 10 -
Joint Possession.
Possession of personal identification information may be sole or joint,
that is, two or more persons may possess the personal identification
information.
Reclassification. § 817.568(5), Fla....
...processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business by any
agency.
Reclassification. § 817.568(10), Fla....
...wrongfully represented that [he] [she] was seeking to assist
(victim) with (victim’s) credit history.
- 11 -
Lesser Included Offense
HARASSMENT BY USE OF PERSONAL IDENTIFICATION
INFORMATION —
817.568(4)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO
NoneUnlawful
817.5685 20.18(a)
Possession of
Personal
Identification
Information of
Another Person*
Attempt (possession only)
777.04(1) 5.1
Unauthorized possession
322.212
of and other unlawful...
...Also, if a
person is charged solely with attempted use of personal identification information,
unlawful possession of personal identification information may or may not be a
Category One lesser depending on the facts of the case. In an abundance of
caution, the Committee on Standard Jury Instructions in Criminal Cases put
§ 817.5685, Florida Statutes, in the Category One box.
There are two possible enhanced penalties for this crime. See § 817.568(5),
and § 817.568(10), Fla....
...2d 310] and amended in 2016
[
202 So. 3d 830], and 2018.
- 12 -
20.15 FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [MINOR] [PERSON SIXTY YEARS OF AGE OR
OLDER]
§
817.568(6), Fla....
...(Defendant) did so without first obtaining the consent of (victim)
[or [his] [her] legal guardian].
Definitions.
“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception.
§ 817.568(1)(b), Fla. Stat.
“Authorization” means empowerment, permission, or competence to
act.
§ 817.568(1)(f), Fla....
...electronic identification number, address, or routing code, medical record,
- 13 -
telecommunication identifying information or access device, or other number
or information that can be used to access a person’s financial resources.
§ 817.568(1)(e), Fla....
...Stat.
The word “person” includes individuals, children, firms, associations,
joint adventures, partnerships, estates, trusts, business trusts, syndicates,
fiduciaries, corporations, and all other groups or combinations.
Reclassification. § 817.568(5), Fla....
...software,
or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection
with the transaction of official business by any agency.
Reclassification. § 817.568(10), Fla....
...- 14 -
Lesser Included Offense
FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [MINOR] [PERSON SIXTY YEARS OF AGE OR
OLDER —
817.568(6)
CATEGORY ONE CATEGORY FLA. STAT. INS. NO.
TWO
*Fraudulent Use of
817.568(2)(a) 20.13
Personal
Identification
Information
*Unlawful
817.5685 20.18(a)
Possession of the
Personal
Identification
Information of
Another Person
Attempt
777.04(1) 5.1
Unauthorized
322.212
possession of and
other unlawful acts
in relation to
driver’s license or
identification card
Comments
*The part of §
817.568(2)(a), Fla. Stat., that covers the defendant willfully
and without authorization fraudulently using the victim’s personal identification
information is a necessary lesser included offense of this crime. However, the part
of §
817.568(2)(a), Fla....
...d with possession with intent to
fraudulently use personal identification information or unlawful possession of
personal identification information. In an abundance of caution, the Committee on
Standard Jury Instructions in Criminal Cases put all of § 817.568(2)(a), Fla. Stat.,
and § 817.5685, Fla. Stat., in the Category One box.
- 15 -
There are two possible enhanced penalties for this crime. See § 817.568(5),
and § 817.568(10), Fla....
...3d 830], and 2018.
20.16 FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [MINOR] [PERSON 60 YEARS OF AGE OR
OLDER] BY A PARENT, LEGAL GUARDIAN, OR PERSON WHO
EXERCISED CUSTODIAL AUTHORITY
§ 817.568(7), Fla....
...custodial authority over] (victim) at the time.
Definitions.
“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception.
§ 817.568(1)(f), Fla....
...tation, unique
electronic identification number, address, or routing code, medical record,
telecommunication identifying information or access device, or other number
or information that can be used to access a person’s financial resources.
§ 817.568(1)(e), Fla....
...Stat.
The word “person” includes individuals, children, firms, associations,
joint adventures, partnerships, estates, trusts, business trusts, syndicates,
fiduciaries, corporations, and all other groups or combinations.
Reclassification. § 817.568(5), Fla....
...software,
or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection
with the transaction of official business by any agency.
Reclassification. § 817.568(10), Fla....
... Lesser Included Offense
FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [MINOR] [PERSON 60 YEARS OF AGE OR
OLDER] BY A [PARENT] [LEGAL GUARDIAN] [PERSON WHO
EXERCISED CUSTODIAL AUTHORITY] —
817.568(7)
CATEGORY ONE CATEGORY FLA. STAT. INS. NO.
TWO
None
Fraudulent Use of
817.568(2)(a) 20.13
Personal
Identification
Information
Unlawful Possession
817.5685 20.18(a)
of Personal
Identification
Information of
Another
Unauthorized
322.212
possession of and
other...
...driver’s license or
identification card
Attempt
777.04(1) 5.1
Comments
There are two possible enhanced penalties for this crime. §
817.568(5), Fla.
Stat. and §
817.568(10), Fla....
...3d 830], and 2018.
- 18 -
20.17 [FRAUDULENT USE OF] [OR] [POSSESSION WITH INTENT TO
FRAUDULENTLY USE] PERSONAL IDENTIFICATION INFORMATION
CONCERNING A [DECEASED INDIVIDUAL] [DISSOLVED BUSINESS
ENTITY]
§ 817.568(8), Fla....
...At the time, (victim) was a [deceased individual] [dissolved
business entity].
Definitions. Give as applicable.
“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception or both.
§ 817.568(1)(d), Fla. Stat.
“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.
§ 817.568(1)(f), Fla....
...ion may be sole or joint,
that is, two or more persons may possess the personal identification
information.
Enhanced penalty. Give if applicable.
Reclassifications.
Give only if applicable and only if Fraudulent Use is charged.
§ 817.568(8)(b) and (8)(c), Fla....
...Stat.
If you find (defendant) guilty of Fraudulent Use of Personal
Identification Information of a [Deceased Individual] [Dissolved Business
Entity], you must then determine whether the State has further proved
beyond a reasonable doubt that:
Give only if Fraudulent Use is charged.
§ 817.568(8), Fla....
...[he] [she] fraudulently used the personal identification
information of 30 or more [deceased individuals] [dissolved
business entities]
Give only if applicable but may be used if either Fraudulent Use or
Possession with Intent to Fraudulently Use is charged.
§ 817.568(5), Fla....
...transmission, made or received pursuant to law or ordinance or in connection
with the transaction of official business by any agency.
Give a. and/or b. only if applicable but may be used if either Fraudulent Use
or Possession with Intent to Fraudulently Use is charged.
§ 817.568(10), Fla....
... (defendant)a. misrepresented [himself] [herself] to be [a law
enforcement officer] [an employee or representative of a bank,
credit card company, credit counseling company or credit
reporting agency].
§ 817.568(10), Fla....
...Lesser Included Offense
[FRAUDULENT USE OF] [OR] [POSSESSION WITH INTENT TO
FRAUDULENTLY USE] PERSONAL IDENTIFICATION
INFORMATION CONCERNING A [DECEASED INDIVIDUAL]
[DISSOLVED BUSINESS ENTITY] —
817.568(8)
CATEGORY ONE CATEGORY FLA. STAT. INS. NO.
TWO
None
Unlawful Possession
817.5685 20.18(a)
of Personal
Identification
Information of
Another
Unauthorized
322.212
possession of and
other unlawfu...
...3d 830] and 2018.
- 22 -
20.18 [FRAUDULENT CREATION OF] [FRAUDULENT USE OF]
[POSSESSION WITH INTENT TO FRAUDULENTLY USE]
COUNTERFEIT PERSONAL IDENTIFICATION INFORMATION
§ 817.568(9), Fla....
...commission of a fraud on another person.
Definitions._Give as applicable.
“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception.
§ 817.568(1)(f), Fla....
...tation, unique
electronic identification number, address, or routing code, medical record,
telecommunication identifying information or access device, or other number
or information that can be used to access a person’s financial resources.
§ 817.568(1)(g), Fla....
...means
any counterfeit, fictitious or fabricated information in the similitude of the
data just defined to you that, although not truthful or accurate, would in
context lead a reasonably prudent person to credit its truthfulness and
accuracy.
§ 817.568(1)(e), Fla....
...Joint Possession.
Possession of personal identification information may be sole or joint,
that is, two or more persons may possess the personal identification
information.
- 24 -
Reclassification. § 817.568(5), Fla....
...processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business by any
agency.
Reclassification. § 817.568(10), Fla....
...wrongfully represented that [he] [she] was seeking to assist
(victim) with (victim’s) credit history.
Lesser Included Offense
FRAUDULENT CREATION, USE OR POSSESSION OF
COUNTERFEIT PERSONAL IDENTIFICATION INFORMATION —
817.568(9)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
None
Unlawful Possession
817.5685
of Personal
Identification
Information of
Another Person
Unauthorized
322.212
possession of and
other unlawful acts...
...license or
identification card
Attempt
777.04(1) 5.1
Comments
There are two possible enhanced penalties for this crime. See §
817.568(5),
and §
817.568(10), Fla....
...2d 310] and amended in 2016
[
202 So. 3d 830] and 2018.
20.21 FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [DISABLED ADULT] [PUBLIC SERVANT]
[VETERAN] [FIRST RESPONDER] [STATE EMPLOYEE] [FEDERAL
EMPLOYEE]
§
817.568(11), Fla....
...(Defendant) did so without first obtaining consent of (victim).
Definitions.
“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception.
- 26 -
§ 817.568(1)(b), Fla. Stat.
“Authorization” means empowerment, permission, or competence to
act.
§ 817.568(1)(f), Fla....
...Financial Services.
- 28 -
§
401.23(17), Fla. Stat.
“Paramedic” means a person who is certified by the Department of
Health to perform basic and advanced life support.
Reclassification. §
817.568(5), Fla....
...software, or other
material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection
with the transaction of official business by any agency.
Reclassification. § 817.568(10), Fla....
... Lesser Included Offenses
FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [DISABLED ADULT] [PUBLIC SERVANT]
[VETERAN] [FIRST RESPONDER] [STATE EMPLOYEE] [FEDERAL
EMPLOYEE] —
817.568(11)
CATEGORY ONE CATEGORY FLA. STAT. INS. NO.
TWO
*Fraudulent Use of
817.568(2)(a) 20.13
Personal
Identification
Information
*Unlawful
817.5685 20.18(a)
Possession of
Personal
Identification
Information of
Another
Unauthorized
322.212
possession of and
other unlawful acts
in relation to
driver’s license or
identification card
Attempt
777.04(1) 5.1
Comments
*The part of §
817.568(2)(a), Fla. Stat., that covers the defendant willfully
and without authorization fraudulently using the victim’s personal identification
information is a necessary lesser included offense of this crime. However, the part
of §
817.568(2)(a), Fla....
...d with possession with intent to
fraudulently use personal identification information or unlawful possession of
personal identification information. In an abundance of caution, the Committee on
Standard Jury Instructions in Criminal Cases put all of §
817.568(2)(a), Fla. Stat.,
and §
817.5685, Fla. Stat., in the Category One box.
- 30 -
Both §
817.568(6), Fla. Stat., and §
817.568(11), Fla. Stat., criminalize
Fraudulent Use of Personal Identification Information of a Person 60 Years of Age
or Older. While both are second degree felonies, §
817.568(6), Fla. Stat., is listed
in level 8 and §
817.568(11), Fla. Stat., is unlisted, which would make it a level 4,
according to §
921.0023, Fla. Stat. If the State alleges that the defendant violated
§
817.568(11), Fla. Stat., and that the victim was 60 years of age or older, the trial
judge should instruct using the appropriate parts of Instruction
20.15.
There are two possible enhanced penalties for this crime. See §
817.568(5)
and §
817.568(10), Fla....
CopyPublished | Supreme Court of Florida | 2015 WL 5853925
...This instruction was adopted in 2013 [
131 So. 3d 755] and amended in 2015.
20.15 FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [MINOR] [PERSON 60 YEARS OF AGE OR
OLDER]
§
817.568(6), Fla....
...(Defendant) did so without first obtaining the consent of (victim)
[or [his] [her] legal guardian].
Definitions.
“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception.
§ 817.568(1)(b), Fla. Stat.
Authorization” means empowerment, permission, or competence to act.
§ 817.568(1)(f), Fla....
...electronic identification number, address, or routing code, medical record,
telecommunication identifying information or access device, or other number
or information that can be used to access a person’s financial resources.
Enhanced penalty. Give if applicable. See § 817.568(5) and (10), Fla....
...Stat.,
which if alleged will require an interrogatory.
- 31 -
Lesser Included Offenses
FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [MINOR] [PERSON 60 YEARS OF AGE OR
OLDER] –
817.568(6)
CATEGORY ONE CATEGORY FLA. STAT. INS. NO.
TWO
None *Fraudulent
817.568(2)(a) 20.13
Use of Personal
Identification
Information
Attempt
777.04(1) 5.1
Comments
*The part of §
817.568(2)(a), Fla. Stat., that covers the defendant willfully
and without authorization fraudulently using the victim’s personal identification
information is a necessary lesser included offense of this crime. However, the part
of §
817.568(2)(a), Fla. Stat. that covers the defendant possessing personal
identification information with intent to fraudulently use is not.
There are two possible enhanced penalties for this crime. See §
817.568(5)
and §
817.568(10), Fla....
...2d 310] and amended in 2015.
20.16 FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [MINOR] [PERSON 60 YEARS OF AGE OR
OLDER] BY A PARENT, OR GUARDIAN, OR PERSON WHO
EXERCISED CUSTODIAL AUTHORITY
§ 817.568(7), Fla....
...custodial authority over] (victim) at the time.
Definitions.
“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception.
§ 817.568(1)(f), Fla....
...electronic identification number, address, or routing code, medical record,
telecommunication identifying information or access device, or other number
or information that can be used to access a person’s financial resources.
Enhanced penalty. Give if applicable. See § 817.568 (5) and (10), Fla....
... Lesser Included Offenses
FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [MINOR] [PERSON 60 YEARS OF AGE OR
OLDER] BY A [PARENT] [GUARDIAN] [PERSON WHO EXERCISED
CUSTODIAL AUTHORITY] —
817.568(7)
CATEGORY ONE CATEGORY FLA. STAT. INS. NO.
TWO
None
Fraudulent Use of
817.568(2)(a) 20.13
Personal
Identification
Information
Attempt
777.04(1) 5.1
Comments
There are two possible enhanced penalties for this crime. See §
817.568(5)
and §
817.568(10), Fla....
...2d 310] and amended in 2015.
20.21 FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [DISABLED ADULT]
[PUBLIC SERVANT] [VETERAN] [FIRST RESPONDER]
[STATE EMPLOYEE] [FEDERAL EMPLOYEE]
§
817.568(11), Fla....
...(Defendant) did so without first obtaining consent of (victim).
Definitions.
“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception.
§ 817.568(1)(b), Fla. Stat.
“Authorization” means empowerment, permission, or competence to act.
§ 817.568(1)(f), Fla....
...Lesser Included Offenses
FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [DISABLED ADULT] [PUBLIC SERVANT]
[VETERAN] [FIRST RESPONDER] [STATE EMPLOYEE] [FEDERAL
EMPLPOYEE] –
817.568(11)
CATEGORY ONE CATEGORY FLA. STAT. INS. NO.
TWO
*Fraudulent Use of
817.568(2)(a) 20.13
Personal
Identification
Information
Attempt
777.04(1) 5.1
Comments
*The part of §
817.568(2)(a), Fla. Stat., that covers the defendant willfully
and without authorization fraudulently using the victim’s personal identification
information is a necessary lesser included offense of this crime. However, the part
of §
817.568(2)(a), Fla. Stat., that covers the defendant possessing personal
identification information with intent to fraudulently use is not.
Both §
817.568(6), Fla. Stat., and §
817.568(11), Fla. Stat., criminalize
Fraudulent Use of Personal Identification Information of a Person 60 Years of Age
or Older. While both are second degree felonies, §
817.568(6), Fla. Stat., is listed
in level 8 and §
817.568(11), Fla. Stat., is unlisted, which would make it a level 4,
according to §
921.0023, Fla. Stat. If the State alleges that the defendant violated
§
817.568(11), Fla. Stat., and that the victim was 60 years of age or older, the trial
judge should instruct using the appropriate parts of Instruction
20.15.
There are two possible enhanced penalties for this crime. See §
817.568(5)
and §
817.568(10), Fla....
CopyPublished | Supreme Court of Florida
...the language pertaining to enhanced penalties is removed from the italicized
instruction to the judge, and the following paragraph is added to the Comment
section of the instructions: “There are two possible enhanced penalties for this
crime. See § 817.568(5), and § 817.568(10), Fla....
...2d 1272], 2010 [
52 So. 3d 595], 2012 [
141 So. 3d 132], and
2014 [
152 So. 3d 529], and 2016.
20.13 FRAUDULENT USE OR POSSESSION WITH INTENT TO
FRAUDULENTLY USE OF PERSONAL IDENTIFICATION
INFORMATION
§
817.568(2), Fla....
...[He] [She] did so without first obtaining the consent of (victim).
Definitions.
“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception or both.
§ 817.568(1)(b), Fla. Stat.
“Authorization” means empowerment, permission, or competence to
act.
§ 817.568(1)(f), Fla....
...representation, unique electronic identification number, address, or routing
code, medical record, telecommunication identifying information or access
device, or other number or information that can be used to access a person’s
financial resources.
§ 817.568(1)(e), Fla....
...Give if applicable.
If you find the defendant(defendant) guilty of Fraudulent Use of
Personal Identification Information, you must then determine whether the
State has further proved beyond a reasonable doubt that:
-7-
Give only if Fraudulent Use is charged.
§ 817.568(2), Fla....
...information of 20 or more but fewer than 30 personsindividuals without their
consent.
The defendant[he] [she] fraudulently used the personal identification
information of 30 or more personsindividuals without their consent.
Give in all cases if charged.
§ 817.568(5), Fla. Stat.
Tthe crime was facilitated or furthered by the use of a public record.
§ 817.568(10), Fla. Stat.
The defendant(defendant) misrepresented [himself] [herself] to be [a law
enforcement officer] [an employee or representative of a bank, credit card
company, credit counseling company or credit reporting agency].
§ 817.568(10), Fla....
...) credit history.
-8-
Lesser Included Offenses
FRAUDULENT USE OR POSSESSION WITH INTENT TO
FRAUDULENTLY USE OF PERSONAL IDENTIFICATION
INFORMATION —
817.568(2)
CATEGORY ONE CATEGORY FLA. STAT. INS. NO.
TWO
None
Attempt
777.04(1) 5.1
Harassment by use
817.568(4) 20.14
of personal
identification
information
Comment
This instruction was adopted in 2008 [
980 So. 2d 1056] and amended in
2016.
20.14 HARASSMENT BY USE OF PERSONAL IDENTIFICATION
INFORMATION
§
817.568(4), Fla....
...[He] [She] did so without first obtaining the consent of (victim).
3. [He] [She] did so with the purpose of harassing (victim).
Definitions.
“Willfully” means intentionally, knowingly, and purposely.
-9-
§ 817.568(1)(b), Fla. Stat.
“Authorization” means empowerment, permission, or competence to
act.
§ 817.568(1)(f), Fla....
...representation, unique electronic identification number, address, or routing
code, medical record, telecommunication identifying information or access
device, or other number or information that can be used to access a person’s
financial resources.
§ 817.568(1)(e), Fla. Stat.
The word “person” includes individuals, children, firms, associations,
joint adventures, partnerships, estates, trusts, business trusts, syndicates,
fiduciaries, corporations, and all other groups or combinations.
§ 817.568(1)(c), Fla....
...no legitimate purpose. “Harass” does not mean to use personal identification
information for accepted commercial purposes and does not include
constitutionally protected conduct such as organized protests.
Enhanced penalty. Give if applicable. See §
817.568(5) and (10), Fla. Stat.,
which if alleged will require an interrogatory.
- 10 -
Lesser Included Offenses
HARASSMENT BY USE OF PERSONAL IDENTIFICATION
INFORMATION —
817.568(4)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO
None
Attempt (possession only)
777.04(1) 5.1
Comments
There are two possible enhanced penalties for this crime. See §
817.568(5),
and §
817.568(10), Fla....
...finding.
This instruction was adopted in 2007 [
962 So. 2d 310] and amended in 2016.
20.15 FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [MINOR] [PERSON SIXTY YEARS OF AGE OR
OLDER]
§
817.568(6), Fla....
...Definitions.
“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception.
- 11 -
§ 817.568(1)(b), Fla. Stat.
“Authorization” means empowerment, permission, or competence to
act.
§ 817.568(1)(f), Fla....
...representation, unique electronic identification number, address, or routing
code, medical record, telecommunication identifying information or access
device, or other number or information that can be used to access a person’s
financial resources.
§ 817.568(1)(e), Fla....
...fiduciaries, corporations, and all other groups or combinations.
Lesser Included Offenses
FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [MINOR] [PERSON SIXTY YEARS OF AGE OR
OLDER —
817.568(6)
CATEGORY ONE CATEGORY FLA. STAT. INS. NO.
TWO
*Fraudulent Use of
817.568(2)(a) 20.13
Personal
Identification
Information
Attempt
777.04(1) 5.1
- 12 -
Comments
*The part of §
817.568(2)(a), Fla. Stat., that covers the defendant willfully
and without authorization fraudulently using the victim’s personal identification
information is a necessary lesser included offense of this crime. However, the part
of §
817.568(2)(a), Fla. Stat. that covers the defendant possessing personal
identification information with intent to fraudulently use is not.
There are two possible enhanced penalties for this crime. See §
817.568(5),
and §
817.568(10), Fla....
...2d 310] and amended in 2015
[
176 So. 3d 938], and 2016.
20.16 FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [MINOR] [PERSON 60 YEARS OF AGE OR
OLDER] BY A PARENT, GUARDIAN, OR PERSON WHO EXERCISED
CUSTODIAL AUTHORITY
§
817.568(7), Fla....
...Definitions.
“Willfully” means intentionally, knowingly, and purposely.
- 13 -
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception.
§ 817.568(1)(f), Fla....
...representation, unique electronic identification number, address, or routing
code, medical record, telecommunication identifying information or access
device, or other number or information that can be used to access a person’s
financial resources.
§ 817.568(1)(e), Fla....
...Lesser Included Offenses
FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [MINOR] [PERSON 60 YEARS OF AGE OR
OLDER] BY A [PARENT] [GUARDIAN] [PERSON WHO EXERCISED
CUSTODIAL AUTHORITY] —
817.568(7)
CATEGORY ONE CATEGORY FLA. STAT. INS. NO.
TWO
None
Attempt
777.04(1) 5.1
Comments
There are two possible enhanced penalties for this crime. §
817.568(5) and
§
817.568(10), Fla....
...3d 938] and 2016.
20.17 FRAUDULENT USE OR POSSESSION WITH INTENT TO
FRAUDULENTLY USE OF PERSONAL IDENTIFICATION
INFORMATION CONCERNING A [DECEASED INDIVIDUAL]
[DISSOLVED BUSINESS ENTITY]
§ 817.568(8), Fla....
...Give as applicable.
“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception or both.
“Authorization” means empowerment, permission, or competence to
act.
§ 817.568(1)(d), Fla....
...Stat.
“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.
- 15 -
§ 817.568(1)(f), Fla....
...lent Use of
Personal Identification Information of a [Deceased Individual] [Dissolved
Business Entity], you must then determine whether the State has further
proved beyond a reasonable doubt that:
Give only if Fraudulent Use is charged.
§ 817.568(8), Fla....
...business entities]without their consent.
The defendant[he] [she] fraudulently used the personal identification
information of 30 or more [deceased individuals] [dissolved business entities]
without their consent.
Give in all cases if applicable.
§ 817.568(5), Fla. Stat.
Tthe crime was facilitated or furthered by the use of a public record.
§ 817.568(10), Fla....
...Lesser Included Offenses
FRAUDULENT USE OR POSSESSION WITH INTENT TO
FRAUDULENTLY USEOF PERSONAL IDENTIFICATION
INFORMATION CONCERNING A [DECEASED INDIVIDUAL]
[DISSOLVED BUSINESS ENTITY] — 817.568(8)
CATEGORY ONE CATEGORY FLA....
...2d 1056] and amended in
2016.
- 17 -
20.18 [FRAUDULENT CREATION OF], [FRAUDULENT USE OF] OR
[POSSESSION WITH INTENT TO FRAUDULENTLY USE] OF
COUNTERFEIT PERSONAL IDENTIFICATION INFORMATION
§ 817.568(9), Fla....
...“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception.
“Authorization” means empowerment, permission, or competence to
act.
§ 817.568(1)(f), Fla....
...representation, unique electronic identification number, address, or routing
code, medical record, telecommunication identifying information or access
device, or other number or information that can be used to access a person’s
financial resources.
§ 817.568(1)(g), Fla....
...means
any counterfeit, fictitious or fabricated information in the similitude of the
data just defined to you that, although not truthful or accurate, would in
context lead a reasonably prudent person to credit its truthfulness and
accuracy.
§ 817.568(1)(e), Fla....
...Stat.
The word “person” includes individuals, children, firms, associations,
joint adventures, partnerships, estates, trusts, business trusts, syndicates,
fiduciaries, corporations, and all other groups or combinations.
Enhanced penalty. Give if applicable. See §
817.568(5) and (10), Fla. Stat.,
which if alleged will require an interrogatory.
Lesser Included Offenses
FRAUDULENT CREATION, USE OR POSSESSION OF
COUNTERFEIT PERSONAL IDENTIFICATION INFORMATION —
817.568(9)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
None
Attempt
777.04(1) 5.1
Comments
There are two possible enhanced penalties for this crime. See §
817.568(5),
and §
817.568(10), Fla....
...2d 310] and amended in 2016.
- 19 -
20.21 FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [DISABLED ADULT] [PUBLIC SERVANT]
[VETERAN] [FIRST RESPONDER] [STATE EMPLOYEE] [FEDERAL
EMPLOYEE]
§
817.568(11), Fla....
...(Defendant) did so without first obtaining consent of (victim).
Definitions.
“Willfully” means intentionally, knowingly, and purposely.
“Fraudulently” means purposely or intentionally suppressing the truth
or perpetrating a deception.
§ 817.568(1)(b), Fla. Stat.
“Authorization” means empowerment, permission, or competence to
act.
§ 817.568(1)(f), Fla....
...Lesser Included Offenses
FRAUDULENT USE OF PERSONAL IDENTIFICATION
INFORMATION OF A [DISABLED ADULT] [PUBLIC SERVANT]
[VETERAN] [FIRST RESPONDER] [STATE EMPLOYEE] [FEDERAL
EMPLOYEE] —
817.568(11)
CATEGORY ONE CATEGORY FLA. STAT. INS. NO.
TWO
*Fraudulent Use of
817.568(2)(a) 20.13
Personal
Identification
Information
Attempt
777.04(1) 5.1
Comments
*The part of §
817.568(2)(a), Fla. Stat., that covers the defendant willfully
and without authorization fraudulently using the victim’s personal identification
information is a necessary lesser included offense of this crime. However, the part
of §
817.568(2)(a), Fla. Stat., that covers the defendant possessing personal
identification information with intent to fraudulently use is not.
Both §
817.568(6), Fla. Stat., and §
817.568(11), Fla. Stat., criminalize
Fraudulent Use of Personal Identification Information of a Person 60 Years of Age
or Older. While both are second degree felonies, §
817.568(6), Fla. Stat., is listed
in level 8 and §
817.568(11), Fla. Stat., is unlisted, which would make it a level 4,
according to §
921.0023, Fla. Stat. If the State alleges that the defendant violated
§
817.568(11), Fla. Stat., and that the victim was 60 years of age or older, the trial
judge should instruct using the appropriate parts of Instruction
20.15.
There are two possible enhanced penalties for this crime. See §
817.568(5)
and §
817.568(10), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 15214, 2003 WL 22316859
WALLACE, Judge. The State appeals the trial court’s order granting Kelly Fagan’s motion for a judg *321 ment of acquittal after a jury found her guilty of one count of identity theft pursuant to subsections (l)(f) and (2) of section
817.568, Florida Statutes (2000), and three counts of credit card fraud pursuant to subsections (1) and (3)(a) of section
817.481....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 3469, 2011 WL 914276
...The' postconviction court denied Williams’ claim as facially insufficient for failure to allege prejudice. However, Williams sufficiently alleges prejudice, and his allegation, if true, would have negated one of the elements of the charge of criminal use of personal identification information. See § 817.568(2)(a), Fla....
...rson’s personal identification information; and (3) without that person’s authorization or prior consent.” Townshend v. State,
965 So.2d 236, 237 (Fla. 5th DCA 2007) (quoting Sibley v. State,
955 So.2d 1222, 1226 (Fla. 5th DCA 2007)); see also §
817.568(2)(a)....
CopyPublished | Florida 4th District Court of Appeal
...are: (1) willfully and fraudulently using or possessing with intent to
fraudulently use; (2) another person’s personal identification information;
and (3) without that person’s authorization or prior consent.” Sibley v.
State,
955 So. 2d 1222, 1226 (Fla. 5th DCA 2007); see also §
817.568(2)(c),
Fla. Stat. (2018); Fla. Std. Jury Instr. (Crim.) 20.13.
4
Although no case in Florida has addressed or interpreted section
817.568(8)(c), Florida Statutes (2018), the offense of criminal use of a
deceased individual’s personal identification information, the wording of
subsection (8)(c) is virtually the same as subsection (2)(c), thus the
elements are the same, except that the crime of criminal use of a deceased
person’s identification information requires that the victim is deceased,
rather than a living individual. Compare §
817.568(2)(c), Fla. Stat. (2018),
with §
817.568(8)(c), Fla....
CopyPublished | Florida 5th District Court of Appeal
... Appellants have used its duly registered trademark without authorization, the
injunction is affirmed.
The fifth paragraph enjoining Appellants’ actions states:
5. The Court is enjoining any actions in violation of either
Sections [540.08] and 817.568, Florida Statutes....
...er party from ‘engag[ing] in any
social media of any nature which comments, directly or indirectly, on the
other party’s emotion or mental health or personal behavior.’”
314 So. 3d
515, 518 (Fla. 3d DCA 2020).
Finally, we note that section
817.568, Florida Statutes (2021), is a
criminal statute that provides punishment for those who are convicted of
using personal identification information fraudulently or to harass a person.
By its clear text, that section prohibits the unauthorized personal
identification of an individual, deceased individual, or a dissolved business
entity and specifies that “individual” means a single human being and
excludes, inter alia, any corporation. §
817.568(1)(d), Fla....
...Farrow, Farrow Law, and Spagnuolo are enjoined, and thereby
required to remove from public circulation, all statements or
communications that they have posted about IOA or any of the
other Plaintiffs that are false and would mislead the public or
violate Sections [540.08] and 817.568, Florida Statutes.
This eighth paragraph suffers the same infirmity as the first paragraph, to the
extent that it refers only to and requires removal of false or misleading
communications....
CopyPublished | Florida 5th District Court of Appeal
... Appellants have used its duly registered trademark without authorization, the
injunction is affirmed.
The fifth paragraph enjoining Appellants’ actions states:
5. The Court is enjoining any actions in violation of either
Sections [540.08] and 817.568, Florida Statutes....
...er party from ‘engag[ing] in any
social media of any nature which comments, directly or indirectly, on the
other party’s emotion or mental health or personal behavior.’”
314 So. 3d
515, 518 (Fla. 3d DCA 2020).
Finally, we note that section
817.568, Florida Statutes (2021), is a
criminal statute that provides punishment for those who are convicted of
using personal identification information fraudulently or to harass a person.
By its clear text, that section prohibits the unauthorized personal
identification of an individual, deceased individual, or a dissolved business
entity and specifies that “individual” means a single human being and
excludes, inter alia, any corporation. §
817.568(1)(d), Fla....
...Farrow, Farrow Law, and Spagnuolo are enjoined, and thereby
required to remove from public circulation, all statements or
communications that they have posted about IOA or any of the
other Plaintiffs that are false and would mislead the public or
violate Sections [540.08] and 817.568, Florida Statutes.
This eighth paragraph suffers the same infirmity as the first paragraph, to the
extent that it refers only to and requires removal of false or misleading
communications....
CopyPublished | Supreme Court of Florida
...party; or any act or conduct which constitutes sexual battery or simulates that
sexual battery is being or will be committed. [A mother breastfeeding her
baby does not under any circumstance constitute “sexual conduct.”]
§
784.049(2)(b), §
817.568(1)(f), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 283690
...Bill McCollum, Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee. WALLACE, Judge. Mariela Abreus Armas challenges her judgment and sentence for the first-degree felony of criminal use of personal identification. § 817.568(2)(c), Fla....
...The State amended the charging document twice, and the trial court dismissed six of the charges. [1] In the end, the State charged Ms. Armas with twenty-five felonies of varying degrees, all according to Florida Statutes (2003): Criminal use of personal identification information (one count) $50,000 or more, section
817.568(2)(c), a first-degree felony. Scheme to defraud (one count) aggregate value of $50,000 or more, section
817.034(4)(a)(1), a first-degree felony. Criminal use of personal identification information (eighteen counts) less than $5000, section
817.568(2)(a), a third-degree felony....
...hreshold level for count one, (2) whether Ms. Armas' series of crimes constituted a continuing offense, and (3) if it was a continuing offense, whether the 2002 or 2003 version of the statutes should apply. [3] This third question *678 arose because section 817.568(2)(c), Florida Statutes (2003), the statute to which Ms....
...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 $50,000 or more or if the person fraudulently uses the personal identification information of 20 or more individuals without their consent. § 817.568(2)(c), Fla....
...sure that her maximum sentence would be five years in prison. Unlike the State, Ms. Armas believed that the 2002 version of the statute applied to her offense. Under the 2002 version, criminal use of personal identification is a third-degree felony. § 817.568(2)(a), Fla. Stat. (2002). Only where the amount of the injury or fraud perpetrated is $75,000 or more does the level of the offense rise to a second-degree felony. § 817.568(2)(b), Fla....
...rst obtaining that individual's consent commits a felony of the second degree, . . . 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. § 817.568(2)(a)-(b), Fla. Stat. (2002) (emphasis added). Effective July 1, 2003, the legislature reduced the dollar-value threshold for a second-degree felony to $5000, and it added a first-degree felony subsection with a threshold level of $50,000. § 817.568(2)(b)-(c), Fla....
...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 $50,000 or more or if the person fraudulently uses the personal identification information of 20 or more individuals without their consent. § 817.568(2)(b)-(c), Fla....
...[8] Thus the trial court erred in accepting the plea. Instead, under the parties' express agreement and stipulation at sentencing, Ms. Armas' offense constituted a third-degree felony under the 2002 statute. Accordingly, we reverse Ms. Armas' first-degree felony conviction under section 817.568(2)(c), Florida Statutes (2003). In accordance with the plea agreement negotiated below, we remand this case to the trial court for the entry of a corrected third-degree felony conviction under section 817.568(2)(a), Florida Statutes (2002)....
...[7] In both the 2002 and 2003 versions of this statute, an individual is specifically defined as "a single human being and does not mean a firm, association of individuals, corporation, partnership, joint venture, sole proprietorship, or any other entity." § 817.568(1)(d). [8] We note that subsection (b) of the 2003 statute provides a $5000 threshold, and a number of the fraudulent checks cashed after July 1, 2003, exceeded this amount. § 817.568(2)(b)....
CopyPublished | Florida 4th District Court of Appeal
...commits two or more distinct criminal acts.”) (emphasis in original).
Offenses are separate “if each offense requires proof of an element that the
other does not . . . .” Id.
Here, the state charged appellant in Count I with a violation of section
817.568(2)(b), Florida Statutes, and in Count II with a violation of section
817.568(2)(a), Florida Statutes. The elements of fraudulent use of
personal identification information under section 817.568(2)(a), Florida
Statutes (2007), are: (1) willfully and without authorization fraudulently
using or possessing with intent to fraudulently use; (2) personal
identification information concerning an individual; and (3) without first
obtaining that individual’s consent. A violation of section 817.568(2)(a) is
a third degree felony.
Section 817.568(2)(b), Florida Statutes (2007), states in pertinent part
that “[a]ny 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 . . . 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 $5,000 or more.” (emphasis added). A violation of section
817.568(2)(b) is a second degree felony.
In this case, the two charges are degrees of the same offense. The
offenses do not each contain a separate element of proof that the other
does not. Appellant thus argues that convictions for both charges
constitute a double jeopardy violation because section 817.568(2)(a) is a
lesser included offense, which is subsumed by the greater offense of
section 817.568(2)(b).
As mentioned above, the state argues that no double jeopardy violation
exists because each charge related to a different criminal episode....
CopyPublished | Florida 2nd District Court of Appeal
...significant causal -relationship between the burglary and the purchase of Lifelock. See id It was a security measure taken to protect against prospective damages. We note that the statute criminalizing the use of personal identification information, section 817.568(15)(a), Florida Statutes (2015), allows restitution for costs acquired by the victim in clearing the victim’s credit rating and credit history....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 258, 2008 Fla. LEXIS 741, 2008 WL 1819926
...2006-2,
962 So.2d 310 (Fla.2007). The Court referred those proposed instructions back to the Committee by letter on July 16, 2007, for submission of revised proposals for new instructions 20.13 and 20.17, which are now before the Court. Chapter 2005-229, Laws of Florida, amended section
817.568, Florida Statutes, thereby creating new offenses for identity theft. Instructions 20.13 and 20.17 are new instructions covering those offenses established by sections
817.568(2) (fraudulent use or possession of personal identification information without consent) and
817.568(8) (fraudulent use or possession of personal identification information of a deceased person), respectively. The offenses include provisions for felony reclassification where the offense was facilitated or furthered by use of a public record, §
817.568(5), and where, for the purpose of obtaining or using personal information, the individual misrepresents himself or herself to be a law enforcement officer; an employee or representative of a bank, credit card company, credit counseling company, or credit reporting agency; or wrongfully misrepresents that he or she is assisting the victim with the victim’s credit history. §
817.568(10)....
...y is determined based upon the pecuniary benefit, the value of the services received, the payment to be avoided, the amount of injury or fraud perpetrated, or the number of individuals whose personal identification information was fraudulently used. § 817.568(2), (8), Fla....
...The instructions as set forth in the appendix 1 shall be effective when this opinion becomes final. It is so ordered. *1058 LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. APPENDIX 20.13 FRAUDULENT USE OR POSSESSION OF PERSONAL IDENTIFICATION INFORMATION § 817.568(2), Fla....
...y or credit reporting agency]. The defendant wrongfully represented that [he] [she] was seeking to assist the victim with the victim’s credit history. Lesser Included Offenses FRAUDULENT USE OR POSSESSION OF PERSONAL IDENTIFICATION INFORMATION —
817.568(2) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None__ Attempt
777.04(1) 5.1 Harassment by use of
817.568(4) personal identification information Comment This instruction was adopted in 2008. 20.17 FRAUDULENT USE OR POSSESSION OF PERSONAL IDENTIFICATION INFORMATION CONCERNING A DECEASED INDIVIDUAL §
817.568(8), Fla....
...The defendant wrongfully represented that [he] [she] was seeking to assist the victim with the victim’s credit history. *1061 Lesser Included Offenses FRAUDULENT USE OR POSSESSION OF PERSONAL IDENTIFICATION INFORMATION CONCERNING A DECEASED INDIVIDUAL — 817.568(8) CATEGORY ONE CATEGORY TWO FLA....
