Arrestable Offenses / Crimes under Fla. Stat. 817.5685
CopyPublished | Supreme Court of Florida
...N 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...
...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....
... 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....
...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...
...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....
...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...
...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...
...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...
...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 t...
...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....
CopyPublished | Supreme Court of Florida
...or intentionally viewed is a separate offense.
This instruction was adopted in 2008 [
995 So. 2d 489] and amended in 2013
[
131 So. 3d 720] and 2018.
20.18(a) UNLAWFUL POSSESSION OF THE PERSONAL
IDENTIFICATION INFORMATION OF ANOTHER PERSON
§
817.5685, Fla....
...present ability to direct its control by another.
Joint Possession.
Possession of personal identification information may be sole or joint,
that is, two or more persons may possess the personal identification
information.
Enhancement. Give if applicable. § 817.5685(3)(b)2, Fla....
...must then determine
whether the State proved beyond a reasonable doubt that [he] [she]
[intentionally] [or] [knowingly], and without authorization, possessed the
personal identification information of five or more persons.
Definitions.
§ 817.5685(1), Fla....
...assport
number, employer or taxpayer identification number, Medicaid or food
- 17 -
assistance account number, bank account number, credit or debit card
number, and medical records.
Give if applicable. § 817.5685(2), Fla....
...Stat.
The personal identification information can be in any form, including,
but not limited to, mail, physical documents, identification cards, or
information stored in digital form.
Give if applicable. Personal identification of five or more individuals.
§ 817.5685(3)(b)1., Fla....
...s, unless satisfactorily
explained, gives rise to an inference that (defendant) used or was in possession
of the personal identification information knowingly and intentionally without
authorization.
Affirmative defenses. Give as applicable. § 817.5685(4) and § 817.5685(5),
Fla. Stats.
§ 817.5685, Fla....
...ency that
issued the card or document, or to a law enforcement agency.
Lesser Included Offense
UNLAWFUL POSSESSION OF THE PERSONAL
IDENTIFICATION INFORMATION OF ANOTHER PERSON —
817.5685
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Supreme Court of Florida | 2016 WL 1460587
...“knowingly” is not included in the definition of “willfully.”
New instruction 20.18(a) (Unlawful Possession of Personal Identification
Information of Another Person) is added in response to chapter 2013-242,
section 1, Laws of Florida, which created section 817.5685, Florida Statutes....
...substance and had the power and intention to control it if [he] [she] had joint
control over the place where the substance was located, and the substance was
located in a common area in plain view and in the presence of the defendant.
Enhancement. Give if applicable. § 817.5685(3)(b)2, Fla....
...ust then determine
whether the State proved beyond a reasonable doubt that [he] [she]
[intentionally] [or] [knowingly], and without authorization, possessed the
personal identification information of five or more persons.
Definitions.
§ 817.5685(1), Fla....
...identification number, alien registration number, government passport
number, employer or taxpayer identification number, Medicaid or food
assistance account number, bank account number, credit or debit card
number, and medical records.
Give if applicable. § 817.5685(2), Fla....
...Stat.
The personal identification information can be in any form, including,
but not limited to, mail, physical documents, identification cards, or
information stored in digital form.
Give if applicable. Personal identification of five or more individuals.
§ 817.5685(3)(b)1, Fla....
...s, unless satisfactorily
explained, gives rise to an inference that (defendant) used or was in possession
of the personal identification information knowingly and intentionally without
authorization.
Affirmative defenses. Give as applicable. § 817.5685(4) and § 817.5685(5),
Fla. Stats.
§ 817.5685, Fla....
...r to a law enforcement agency.
- 34 -
Lesser Included Offense
UNLAWFUL POSSESSION OF THE PERSONAL
IDENTIFICATION INFORMATION OF ANOTHER PERSON —
817.5685
CATEGORY ONE CATEGORY TWO FLA....
