Florida Senate - 2016 SB 912
By Senator Flores
37-00674C-16 2016912__
1 A bill to be entitled
2 An act relating to fraudulent activities associated
3 with payment systems; amending s. 316.80, F.S.;
4 revising the felony classification for unlawful
5 conveyance of fuel; amending s. 525.07, F.S; requiring
6 retail petroleum fuel measuring devices fitted with
7 scanning devices to have certain security measures;
8 providing requirements for such measures; requiring
9 the owner or operator of a device to have certain
10 security measures in place within a specified
11 timeframe upon notice from the Department of
12 Agriculture and Consumer Services; authorizing the
13 department, under certain circumstances, to prohibit
14 use of or to remove from service such devices that are
15 noncompliant; defining terms; providing applicability;
16 requiring the Department of Agriculture and Consumer
17 Services to enforce provisions; providing for
18 rulemaking; amending s. 817.611, F.S.; reducing the
19 number of counterfeit credit cards that a person can
20 be in possession of to qualify as unlawful; amending
21 s. 921.0022, F.S.; ranking unlawful conveyance or
22 fraudulent acquisition of fuel as a level 5 offense;
23 ranking trafficking in or possession of counterfeit
24 credit cards as a level 5 offense; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (2) of section 316.80, Florida
30 Statutes, is amended to read:
31 316.80 Unlawful conveyance of fuel; obtaining fuel
32 fraudulently.—
33 (2) A Any person who violates subsection (1) commits a
34 felony of the second third degree, punishable as provided in s.
35 775.082, s. 775.083, or s. 775.084, if he or she has attempted
36 to or has fraudulently obtained motor or diesel fuel by:
37 (a) Presenting a credit card or a credit card account
38 number in violation of ss. 817.57-817.685;
39 (b) Using unauthorized access to any computer network in
40 violation of s. 815.06; or
41 (c) Using a fraudulently scanned or lost or stolen payment
42 access device, whether credit card or contactless device.
43 Section 2. Subsection (10) is added to section 525.07,
44 Florida Statutes, to read:
45 525.07 Powers and duties of department; inspections;
46 unlawful acts.—
47 (10)(a) A person who owns or operates a retail petroleum
48 fuel measuring device shall have affixed to the measuring device
49 a security measure to hinder or prohibit the unauthorized access
50 of customer payment card information. At a minimum, such
51 security measure must include the placement of pressure
52 sensitive security tape over the panel opening that leads to the
53 scanning device for the retail petroleum fuel measuring device
54 in a manner that will hinder or prohibit the unauthorized
55 opening of the panel. The owner or operator of a device without
56 a security measure, upon notice from the department of such
57 noncompliance, shall have 5 days to comply with this subsection.
58 After the fifth day of noncompliance, the department may
59 prohibit further use of the retail petroleum fuel measuring
60 device until a security measure is installed. A repeat violation
61 found on the same retail petroleum fuel measuring device will be
62 cause for the department to immediately take the measuring
63 device out of service.
64 (b) For purposes of this subsection, the terms “scanning
65 device” and “payment card” have the same meanings as defined in
66 s. 817.625.
67 (c) This subsection only applies to retail petroleum fuel
68 measuring devices that have a scanning device.
69 (d) The Department of Agriculture and Consumer Services
70 shall enforce, and may adopt rules to implement, this
71 subsection.
72 Section 3. Section 817.611, Florida Statutes, is amended to
73 read:
74 817.611 Traffic in or possess counterfeit credit cards.—Any
75 person who traffics in, or attempts to traffic in, or possesses
76 5 10 or more counterfeit credit cards, invoices, vouchers, sales
77 drafts, or other representations or manifestations of
78 counterfeit credit cards, or credit card account numbers of
79 another in any 6-month period is guilty of a felony of the
80 second degree, punishable as provided in s. 775.082, s. 775.083,
81 or s. 775.084.
82 Section 4. Paragraph (e) of subsection (3) of section
83 921.0022, Florida Statutes, is amended to read:
84 921.0022 Criminal Punishment Code; offense severity ranking
85 chart.—
86 (3) OFFENSE SEVERITY RANKING CHART
87 (e) LEVEL 5
88
89 FloridaStatute FelonyDegree Description
90 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
91 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
92
93 316.80(2) 2nd Unlawful conveyance; obtaining fuel fraudulently.
94
95 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
96
97 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
98 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
99 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
100 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
101 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
102 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
103 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
104 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
105 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
106 790.01(2) 3rd Carrying a concealed firearm.
107 790.162 2nd Threat to throw or discharge destructive device.
108 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
109 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
110 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
111 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
112 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
113 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
114 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
115 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
116 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
117 812.019(1) 2nd Stolen property; dealing in or trafficking in.
118 812.131(2)(b) 3rd Robbery by sudden snatching.
119 812.16(2) 3rd Owning, operating, or conducting a chop shop.
120 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
121 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
122 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
123
124 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
125 817.611 2nd Traffic in or possess counterfeit credit cards.
126
127 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
128 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
129 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
130 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
131 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
132 843.01 3rd Resist officer with violence to person; resist arrest with violence.
133 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
134 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
135 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
136 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
137 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
138 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
139 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
140 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
141 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
142 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
143 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
144 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
145
146 Section 5. This act shall take effect October 1, 2016.