CS for SB 218                                    First Engrossed
       
       
       
       
       
       
       
       
       2016218e1
       
    1                        A bill to be entitled                      
    2         An act relating to offenses involving electronic
    3         benefits transfer cards; amending s. 414.39, F.S.;
    4         specifying acts that constitute trafficking in food
    5         assistance benefits cards and are subject to criminal
    6         penalties; providing criminal penalties; amending s.
    7         921.0022, F.S.; deleting a reference to s. 414.39(2),
    8         F.S., relating to the unauthorized use, possession,
    9         forgery, or alteration of certain food assistance
   10         program and Medicaid identification, from the offense
   11         severity ranking chart; reenacting ss. 414.41(1)(b),
   12         772.102(1)(a), 895.02(1)(a), and 1002.91(5), F.S.,
   13         relating to recovery of payments made due to mistake
   14         or fraud, definitions for civil remedies for criminal
   15         practices, definitions for racketeering, and
   16         investigations of fraud or overpayment, respectively,
   17         to incorporate the amendment made by this act to s.
   18         414.39, F.S., in references thereto; providing an
   19         effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (2) of section 414.39, Florida
   24  Statutes, is amended to read:
   25         414.39 Fraud.—
   26         (2)(a) Any person who knowingly:
   27         1.(a) Uses, transfers, acquires, traffics, alters, forges,
   28  or possesses;
   29         2.(b) Attempts to use, transfer, acquire, traffic, alter,
   30  forge, or possess; or
   31         3.(c) Aids and abets another person in the use, transfer,
   32  acquisition, traffic, alteration, forgery, or possession of,
   33  
   34  a food assistance identification card, an authorization,
   35  including, but not limited to, an electronic authorization, for
   36  the expenditure of food assistance benefits, a certificate of
   37  eligibility for medical services, or a Medicaid identification
   38  card in any manner not authorized by law commits a crime and
   39  shall be punished as provided in subsection (5).
   40         (b) As used in this subsection, the term “traffic”
   41  includes:
   42         1. Buying, selling, stealing, or otherwise effecting an
   43  exchange of food assistance benefits issued and accessed via
   44  electronic benefits transfer (EBT) cards, electronic benefits
   45  transfer (EBT) card numbers and personal identification numbers
   46  (PINs), or by manual voucher and signature, for cash or
   47  consideration other than eligible food, either directly,
   48  indirectly, in complicity or collusion with others, or acting
   49  alone;
   50         2. Attempting to buy, sell, steal, or otherwise effect an
   51  exchange of food assistance benefits issued and accessed via
   52  electronic benefits transfer (EBT) cards, electronic benefits
   53  transfer (EBT) card numbers and personal identification numbers
   54  (PINs), or by manual voucher and signature, for cash or
   55  consideration other than eligible food, either directly,
   56  indirectly, in complicity or collusion with others, or acting
   57  alone;
   58         3. Exchanging firearms, ammunition, explosives, or
   59  controlled substances, as defined in s. 893.02, for food
   60  assistance benefits;
   61         4. Purchasing with food assistance benefits a product with
   62  the intent of obtaining cash or consideration other than
   63  eligible food by reselling the product, and subsequently
   64  intentionally reselling the product purchased with food
   65  assistance benefits in exchange for cash or consideration other
   66  than eligible food; or
   67         5. Intentionally purchasing products originally purchased
   68  with food assistance benefits in exchange for cash or
   69  consideration other than eligible food.
   70         (c) Any person who has possession of two or more electronic
   71  benefits transfer (EBT) cards issued to other persons and who
   72  sells or attempts to sell one or more of these cards commits a
   73  misdemeanor of the first degree, punishable as provided in s.
   74  775.082 or s. 775.083. A second or subsequent violation of this
   75  paragraph constitutes a felony of the third degree, punishable
   76  as provided in s. 775.082, s. 775.083, or s. 775.084.
   77         (d)In addition to any other penalty, a person who commits
   78  a violation of paragraph (c) shall be ordered by the court to
   79  serve at least 20 hours of community service. If the court
   80  determines that the community service can be performed at a
   81  nonprofit entity that provides the community with food services
   82  for the needy, the court shall order that the community service
   83  be performed at such an entity.
   84         Section 2. Paragraph (a) of subsection (3) of section
   85  921.0022, Florida Statutes, is amended to read:
   86         921.0022 Criminal Punishment Code; offense severity ranking
   87  chart.—
   88         (3) OFFENSE SEVERITY RANKING CHART
   89         (a) LEVEL 1
   90  
   91  
   92  FloridaStatute    FelonyDegree           Description            
   93  24.118(3)(a)         3rd   Counterfeit or altered state lottery ticket.
   94  212.054(2)(b)        3rd   Discretionary sales surtax; limitations, administration, and collection.
   95  212.15(2)(b)         3rd   Failure to remit sales taxes, amount greater than $300 but less than $20,000.
   96  316.1935(1)          3rd   Fleeing or attempting to elude law enforcement officer.
   97  319.30(5)            3rd   Sell, exchange, give away certificate of title or identification number plate.
   98  319.35(1)(a)         3rd   Tamper, adjust, change, etc., an odometer.
   99  320.26(1)(a)         3rd   Counterfeit, manufacture, or sell registration license plates or validation stickers.
  100  322.212 (1)(a)-(c)   3rd   Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  101  322.212(4)           3rd   Supply or aid in supplying unauthorized driver license or identification card.
  102  322.212(5)(a)        3rd   False application for driver license or identification card.
  103  414.39(2)            3rd   Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
  104  414.39(3)(a)         3rd   Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  105  443.071(1)           3rd   False statement or representation to obtain or increase reemployment assistance benefits.
  106  509.151(1)           3rd   Defraud an innkeeper, food or lodging value greater than $300.
  107  517.302(1)           3rd   Violation of the Florida Securities and Investor Protection Act.
  108  562.27(1)            3rd   Possess still or still apparatus. 
  109  713.69               3rd   Tenant removes property upon which lien has accrued, value more than $50.
  110  812.014(3)(c)        3rd   Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  111  812.081(2)           3rd   Unlawfully makes or causes to be made a reproduction of a trade secret.
  112  815.04(5)(a)         3rd   Offense against intellectual property (i.e., computer programs, data).
  113  817.52(2)            3rd   Hiring with intent to defraud, motor vehicle services.
  114  817.569(2)           3rd   Use of public record or public records information or providing false information to facilitate commission of a felony.
  115  826.01               3rd   Bigamy.                           
  116  828.122(3)           3rd   Fighting or baiting animals.      
  117  831.04(1)            3rd   Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  118  831.31(1)(a)         3rd   Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  119  832.041(1)           3rd   Stopping payment with intent to defraud $150 or more.
  120  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.
  121  838.15(2)            3rd   Commercial bribe receiving.       
  122  838.16               3rd   Commercial bribery.               
  123  843.18               3rd   Fleeing by boat to elude a law enforcement officer.
  124  847.011(1)(a)        3rd   Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  125  849.01               3rd   Keeping gambling house.           
  126  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.
  127  849.23               3rd   Gambling-related machines; “common offender” as to property rights.
  128  849.25(2)            3rd   Engaging in bookmaking.           
  129  860.08               3rd   Interfere with a railroad signal. 
  130  860.13(1)(a)         3rd   Operate aircraft while under the influence.
  131  893.13(2)(a)2.       3rd   Purchase of cannabis.             
  132  893.13(6)(a)         3rd   Possession of cannabis (more than 20 grams).
  133  934.03(1)(a)         3rd   Intercepts, or procures any other person to intercept, any wire or oral communication.
  134         Section 3. For the purpose of incorporating the amendment
  135  made by this act to section 414.39, Florida Statutes, in a
  136  reference thereto, paragraph (b) of subsection (1) of section
  137  414.41, Florida Statutes, is reenacted to read:
  138         414.41 Recovery of payments made due to mistake or fraud.—
  139         (1) Whenever it becomes apparent that any person or
  140  provider has received any public assistance under this chapter
  141  to which she or he is not entitled, through either simple
  142  mistake or fraud on the part of the department or on the part of
  143  the recipient or participant, the department shall take all
  144  necessary steps to recover the overpayment. Recovery may include
  145  Federal Income Tax Refund Offset Program collections activities
  146  in conjunction with the Food and Nutrition Service and the
  147  Internal Revenue Service to intercept income tax refunds due to
  148  clients who owe food assistance or temporary cash assistance
  149  debt to the state. The department will follow the guidelines in
  150  accordance with federal rules and regulations and consistent
  151  with the Food Assistance Program. The department may make
  152  appropriate settlements and shall establish a policy and cost
  153  effective rules to be used in the computation and recovery of
  154  such overpayments.
  155         (b) When the intentional program violation or case facts do
  156  not warrant criminal prosecution for fraud as defined in s.
  157  414.39, the department will initiate an administrative
  158  disqualification hearing. The administrative disqualification
  159  hearing will be initiated regardless of the individual’s current
  160  eligibility.
  161         Section 4. For the purpose of incorporating the amendment
  162  made by this act to section 414.39, Florida Statutes, in a
  163  reference thereto, paragraph (a) of subsection (1) of section
  164  772.102, Florida Statutes, is reenacted to read:
  165         772.102 Definitions.—As used in this chapter, the term:
  166         (1) “Criminal activity” means to commit, to attempt to
  167  commit, to conspire to commit, or to solicit, coerce, or
  168  intimidate another person to commit:
  169         (a) Any crime that is chargeable by indictment or
  170  information under the following provisions:
  171         1. Section 210.18, relating to evasion of payment of
  172  cigarette taxes.
  173         2. Section 414.39, relating to public assistance fraud.
  174         3. Section 440.105 or s. 440.106, relating to workers’
  175  compensation.
  176         4. Part IV of chapter 501, relating to telemarketing.
  177         5. Chapter 517, relating to securities transactions.
  178         6. Section 550.235 or s. 550.3551, relating to dogracing
  179  and horseracing.
  180         7. Chapter 550, relating to jai alai frontons.
  181         8. Chapter 552, relating to the manufacture, distribution,
  182  and use of explosives.
  183         9. Chapter 562, relating to beverage law enforcement.
  184         10. Section 624.401, relating to transacting insurance
  185  without a certificate of authority, s. 624.437(4)(c)1., relating
  186  to operating an unauthorized multiple-employer welfare
  187  arrangement, or s. 626.902(1)(b), relating to representing or
  188  aiding an unauthorized insurer.
  189         11. Chapter 687, relating to interest and usurious
  190  practices.
  191         12. Section 721.08, s. 721.09, or s. 721.13, relating to
  192  real estate timeshare plans.
  193         13. Chapter 782, relating to homicide.
  194         14. Chapter 784, relating to assault and battery.
  195         15. Chapter 787, relating to kidnapping or human
  196  trafficking.
  197         16. Chapter 790, relating to weapons and firearms.
  198         17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
  199  relating to prostitution.
  200         18. Chapter 806, relating to arson.
  201         19. Section 810.02(2)(c), relating to specified burglary of
  202  a dwelling or structure.
  203         20. Chapter 812, relating to theft, robbery, and related
  204  crimes.
  205         21. Chapter 815, relating to computer-related crimes.
  206         22. Chapter 817, relating to fraudulent practices, false
  207  pretenses, fraud generally, and credit card crimes.
  208         23. Section 827.071, relating to commercial sexual
  209  exploitation of children.
  210         24. Chapter 831, relating to forgery and counterfeiting.
  211         25. Chapter 832, relating to issuance of worthless checks
  212  and drafts.
  213         26. Section 836.05, relating to extortion.
  214         27. Chapter 837, relating to perjury.
  215         28. Chapter 838, relating to bribery and misuse of public
  216  office.
  217         29. Chapter 843, relating to obstruction of justice.
  218         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  219  s. 847.07, relating to obscene literature and profanity.
  220         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  221  849.25, relating to gambling.
  222         32. Chapter 893, relating to drug abuse prevention and
  223  control.
  224         33. Section 914.22 or s. 914.23, relating to witnesses,
  225  victims, or informants.
  226         34. Section 918.12 or s. 918.13, relating to tampering with
  227  jurors and evidence.
  228         Section 5. For the purpose of incorporating the amendment
  229  made by this act to section 414.39, Florida Statutes, in a
  230  reference thereto, paragraph (a) of subsection (1) of section
  231  895.02, Florida Statutes, is reenacted to read:
  232         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  233         (1) “Racketeering activity” means to commit, to attempt to
  234  commit, to conspire to commit, or to solicit, coerce, or
  235  intimidate another person to commit:
  236         (a) Any crime that is chargeable by petition, indictment,
  237  or information under the following provisions of the Florida
  238  Statutes:
  239         1. Section 210.18, relating to evasion of payment of
  240  cigarette taxes.
  241         2. Section 316.1935, relating to fleeing or attempting to
  242  elude a law enforcement officer and aggravated fleeing or
  243  eluding.
  244         3. Section 403.727(3)(b), relating to environmental
  245  control.
  246         4. Section 409.920 or s. 409.9201, relating to Medicaid
  247  fraud.
  248         5. Section 414.39, relating to public assistance fraud.
  249         6. Section 440.105 or s. 440.106, relating to workers’
  250  compensation.
  251         7. Section 443.071(4), relating to creation of a fictitious
  252  employer scheme to commit reemployment assistance fraud.
  253         8. Section 465.0161, relating to distribution of medicinal
  254  drugs without a permit as an Internet pharmacy.
  255         9. Section 499.0051, relating to crimes involving
  256  contraband and adulterated drugs.
  257         10. Part IV of chapter 501, relating to telemarketing.
  258         11. Chapter 517, relating to sale of securities and
  259  investor protection.
  260         12. Section 550.235 or s. 550.3551, relating to dogracing
  261  and horseracing.
  262         13. Chapter 550, relating to jai alai frontons.
  263         14. Section 551.109, relating to slot machine gaming.
  264         15. Chapter 552, relating to the manufacture, distribution,
  265  and use of explosives.
  266         16. Chapter 560, relating to money transmitters, if the
  267  violation is punishable as a felony.
  268         17. Chapter 562, relating to beverage law enforcement.
  269         18. Section 624.401, relating to transacting insurance
  270  without a certificate of authority, s. 624.437(4)(c)1., relating
  271  to operating an unauthorized multiple-employer welfare
  272  arrangement, or s. 626.902(1)(b), relating to representing or
  273  aiding an unauthorized insurer.
  274         19. Section 655.50, relating to reports of currency
  275  transactions, when such violation is punishable as a felony.
  276         20. Chapter 687, relating to interest and usurious
  277  practices.
  278         21. Section 721.08, s. 721.09, or s. 721.13, relating to
  279  real estate timeshare plans.
  280         22. Section 775.13(5)(b), relating to registration of
  281  persons found to have committed any offense for the purpose of
  282  benefiting, promoting, or furthering the interests of a criminal
  283  gang.
  284         23. Section 777.03, relating to commission of crimes by
  285  accessories after the fact.
  286         24. Chapter 782, relating to homicide.
  287         25. Chapter 784, relating to assault and battery.
  288         26. Chapter 787, relating to kidnapping or human
  289  trafficking.
  290         27. Chapter 790, relating to weapons and firearms.
  291         28. Chapter 794, relating to sexual battery, but only if
  292  such crime was committed with the intent to benefit, promote, or
  293  further the interests of a criminal gang, or for the purpose of
  294  increasing a criminal gang member’s own standing or position
  295  within a criminal gang.
  296         29. Former s. 796.03, former s. 796.035, s. 796.04, s.
  297  796.05, or s. 796.07, relating to prostitution.
  298         30. Chapter 806, relating to arson and criminal mischief.
  299         31. Chapter 810, relating to burglary and trespass.
  300         32. Chapter 812, relating to theft, robbery, and related
  301  crimes.
  302         33. Chapter 815, relating to computer-related crimes.
  303         34. Chapter 817, relating to fraudulent practices, false
  304  pretenses, fraud generally, and credit card crimes.
  305         35. Chapter 825, relating to abuse, neglect, or
  306  exploitation of an elderly person or disabled adult.
  307         36. Section 827.071, relating to commercial sexual
  308  exploitation of children.
  309         37. Section 828.122, relating to fighting or baiting
  310  animals.
  311         38. Chapter 831, relating to forgery and counterfeiting.
  312         39. Chapter 832, relating to issuance of worthless checks
  313  and drafts.
  314         40. Section 836.05, relating to extortion.
  315         41. Chapter 837, relating to perjury.
  316         42. Chapter 838, relating to bribery and misuse of public
  317  office.
  318         43. Chapter 843, relating to obstruction of justice.
  319         44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  320  s. 847.07, relating to obscene literature and profanity.
  321         45. Chapter 849, relating to gambling, lottery, gambling or
  322  gaming devices, slot machines, or any of the provisions within
  323  that chapter.
  324         46. Chapter 874, relating to criminal gangs.
  325         47. Chapter 893, relating to drug abuse prevention and
  326  control.
  327         48. Chapter 896, relating to offenses related to financial
  328  transactions.
  329         49. Sections 914.22 and 914.23, relating to tampering with
  330  or harassing a witness, victim, or informant, and retaliation
  331  against a witness, victim, or informant.
  332         50. Sections 918.12 and 918.13, relating to tampering with
  333  jurors and evidence.
  334         Section 6. For the purpose of incorporating the amendment
  335  made by this act to section 414.39, Florida Statutes, in a
  336  reference thereto, subsection (5) of section 1002.91, Florida
  337  Statutes, is reenacted to read:
  338         1002.91 Investigations of fraud or overpayment; penalties.—
  339         (5) If a school readiness program provider or a Voluntary
  340  Prekindergarten Education Program provider, or an owner,
  341  officer, or director thereof, is convicted of, found guilty of,
  342  or pleads guilty or nolo contendere to, regardless of
  343  adjudication, public assistance fraud pursuant to s. 414.39, or
  344  is acting as the beneficial owner for someone who has been
  345  convicted of, found guilty of, or pleads guilty or nolo
  346  contendere to, regardless of adjudication, public assistance
  347  fraud pursuant to s. 414.39, the early learning coalition shall
  348  refrain from contracting with, or using the services of, that
  349  provider for a period of 5 years. In addition, the coalition
  350  shall refrain from contracting with, or using the services of,
  351  any provider that shares an officer or director with a provider
  352  that is convicted of, found guilty of, or pleads guilty or nolo
  353  contendere to, regardless of adjudication, public assistance
  354  fraud pursuant to s. 414.39 for a period of 5 years.
  355         Section 7. This act shall take effect October 1, 2016.