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. Stat.
To prove the crime of [Fraudulent Use of] [Possession with Intent to Fraudulently Use] Personal Identification Information Concerning a [Deceased Individual] [Dissolved Business Entity], the State must prove the following two elements beyond a reasonable doubt:
1.	(Defendant) [willfully and fraudulently used] [possessed with intent to fraudulently use] personal identification information concerning (victim).
2.	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. Stat.
“Personal identification information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person or dissolved business entity, including any name, postal or electronic mail address, telephone number, social security number, date of birth, mother’s maiden name, official state or United States issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer’s identification number, Medicaid or food stamp account number, bank account number, credit or debit card number or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized use of such card, unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical 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.
Possession.
To prove (defendant) “possessed personal identification information,” the State must prove beyond a reasonable doubt that [he] [she] a) knew of the existence of the personal identification information and b) intentionally exercised control over that personal identification information. 
Control can be exercised over personal identification information whether the information is carried on a person, near a person, or in a completely separate location.  Mere proximity to the personal identification information does not establish that the person intentionally exercised control over the personal identification information in the absence of additional evidence. Control can be established by proof that (defendant) had direct personal power to control the personal identification information or the 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.
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:
a.	the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated was $5,000 or more.
b.	the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated was $50,000 or more.
c.	the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated was $100,000 or more.
d.	[he] [she] fraudulently used the personal identification information of 10 or more but fewer than 20 [deceased individuals] [dissolved business entities].
e.	[he] [she] fraudulently used the personal identification information of 20 or more but fewer than 30 [deceased individuals] [dissolved business entities].
f.	[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. Stat. and § 119.011, Fla. Stat.
If you find (defendant) guilty of [Fraudulent Use of] [Possession with Intent to Fraudulently Use] Personal Identification Information, you must then determine whether the State has further proved beyond a reasonable doubt that the crime was facilitated or furthered by the use of a public record. “Public record” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data 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.   
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. Stat.
If you find (defendant) guilty of [Fraudulent Use of] [Possession with Intent to Fraudulently Use] Personal Identification Information, you must then determine whether the State has further proved beyond a reasonable doubt that [he] [she], for the purpose of obtaining or using personal identification information, 
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].
b.	wrongfully represented that [he] [she] was seeking to assist (victim) with (victim’s) credit history.
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 TWO	FLA. STAT.	INS. NO.	
None				
	Unlawful Possession of Personal Identification Information of Another	817.5685	20.18(a)	
	Unauthorized possession of and other unlawful acts in relation to driver’s license or identification card	322.212		
	Attempt	777.04(1)	5.1	
Comment
This instruction was adopted in 2008 [980 So. 2d 1056] and amended in 2016 [202 So. 3d 830] and 2018.