Senate Bill sb1536

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    Florida Senate - 2001                                  SB 1536

    By Senator Burt





    16-813-01

  1                      A bill to be entitled

  2         An act relating to fraud; creating s. 817.625,

  3         F.S.; providing definitions; prohibiting the

  4         use of a scanning device to access, read,

  5         obtain, memorize, or store information encoded

  6         on a payment card without the permission of,

  7         and with intent to defraud, the authorized user

  8         of the payment card; prohibiting the use of a

  9         reencoder to place information onto a payment

10         card without the permission of, and with intent

11         to defraud, the authorized user of the payment

12         card; providing a penalty; providing an

13         enhanced penalty for a second or subsequent

14         violation of the act; amending s. 921.0022,

15         F.S., relating to the Criminal Punishment Code;

16         conforming the offense severity ranking chart

17         to changes made by the act; providing an

18         effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Section 817.625, Florida Statutes, is

23  created to read:

24         817.625  Use of scanning device or reencoder to

25  defraud; penalties.--

26         (1)  As used in this section, the term:

27         (a)  "Scanning device" means a scanner, reader, or any

28  other electronic device that is used to access, read, scan,

29  obtain, memorize, or store, temporarily or permanently,

30  information encoded on the magnetic strip or stripe of a

31  payment card.

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    Florida Senate - 2001                                  SB 1536
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  1         (b)  "Reencoder" means an electronic device that places

  2  encoded information from the magnetic strip or stripe of a

  3  payment card onto the magnetic strip or stripe of a different

  4  payment card.

  5         (c)  "Payment card" means a credit card, charge card,

  6  debit card, or any other card that is issued to an authorized

  7  card user and that allows the user to obtain, purchase, or

  8  receive goods, services, money, or anything else of value from

  9  a merchant.

10         (d)  "Merchant" means a person who receives from an

11  authorized user of a payment card, or someone the person

12  believes to be an authorized user, a payment card or

13  information from a payment card, or what the person believes

14  to be a payment card or information from a payment card, as

15  the instrument for obtaining, purchasing, or receiving goods,

16  services, money, or anything else of value from the person.

17         (2)(a)  It is a felony of the third degree, punishable

18  as provided in s. 775.082, s. 775.083, or s. 775.084, for a

19  person to use:

20         1.  A scanning device to access, read, obtain,

21  memorize, or store, temporarily or permanently, information

22  encoded on the magnetic strip or stripe of a payment card

23  without the permission of the authorized user of the payment

24  card and with the intent to defraud the authorized user.

25         2.  A reencoder to place information encoded on the

26  magnetic strip or stripe of a payment card onto the magnetic

27  strip or stripe of a different card without the permission of

28  the authorized user of the card from which the information is

29  being reencoded and with the intent to defraud the authorized

30  user.

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  1         (b)  Any person who violates subparagraph (a)1. or

  2  subparagraph (a)2. a second or subsequent time commits a

  3  felony of the second degree, punishable as provided in s.

  4  775.082, s. 775.083, or s. 775.084.

  5         Section 2.  Paragraphs (d) and (e) of subsection (3) of

  6  section 921.0022, Florida Statutes, are amended to read:

  7         921.0022  Criminal Punishment Code; offense severity

  8  ranking chart.--

  9         (3)  OFFENSE SEVERITY RANKING CHART

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11  Florida           Felony

12  Statute           Degree             Description

13

14

15                              (d)  LEVEL 4

16  316.1935(3)        2nd      Driving at high speed or with

17                              wanton disregard for safety while

18                              fleeing or attempting to elude

19                              law enforcement officer who is in

20                              a marked patrol vehicle with

21                              siren and lights activated.

22  784.07(2)(b)       3rd      Battery of law enforcement

23                              officer, firefighter, intake

24                              officer, etc.

25  784.075            3rd      Battery on detention or

26                              commitment facility staff.

27  784.08(2)(c)       3rd      Battery on a person 65 years of

28                              age or older.

29  784.081(3)         3rd      Battery on specified official or

30                              employee.

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  1  784.082(3)         3rd      Battery by detained person on

  2                              visitor or other detainee.

  3  784.083(3)         3rd      Battery on code inspector.

  4  784.085            3rd      Battery of child by throwing,

  5                              tossing, projecting, or expelling

  6                              certain fluids or materials.

  7  787.03(1)          3rd      Interference with custody;

  8                              wrongly takes child from

  9                              appointed guardian.

10  787.04(2)          3rd      Take, entice, or remove child

11                              beyond state limits with criminal

12                              intent pending custody

13                              proceedings.

14  787.04(3)          3rd      Carrying child beyond state lines

15                              with criminal intent to avoid

16                              producing child at custody

17                              hearing or delivering to

18                              designated person.

19  790.115(1)         3rd      Exhibiting firearm or weapon

20                              within 1,000 feet of a school.

21  790.115(2)(b)      3rd      Possessing electric weapon or

22                              device, destructive device, or

23                              other weapon on school property.

24  790.115(2)(c)      3rd      Possessing firearm on school

25                              property.

26  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

27                              offender less than 18 years.

28  810.02(4)(a)       3rd      Burglary, or attempted burglary,

29                              of an unoccupied structure;

30                              unarmed; no assault or battery.

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  1  810.02(4)(b)       3rd      Burglary, or attempted burglary,

  2                              of an unoccupied conveyance;

  3                              unarmed; no assault or battery.

  4  810.06             3rd      Burglary; possession of tools.

  5  810.08(2)(c)       3rd      Trespass on property, armed with

  6                              firearm or dangerous weapon.

  7  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

  8                              or more but less than $20,000.

  9  812.014

10   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

11                              firearm, motor vehicle,

12                              livestock, etc.

13  817.563(1)         3rd      Sell or deliver substance other

14                              than controlled substance agreed

15                              upon, excluding s. 893.03(5)

16                              drugs.

17  817.625(2)(a)      3rd      Fraudulent use of scanning device

18                              or reencoder.

19  828.125(1)         2nd      Kill, maim, or cause great bodily

20                              harm or permanent breeding

21                              disability to any registered

22                              horse or cattle.

23  837.02(1)          3rd      Perjury in official proceedings.

24  837.021(1)         3rd      Make contradictory statements in

25                              official proceedings.

26  843.021            3rd      Possession of a concealed

27                              handcuff key by a person in

28                              custody.

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  1  843.025            3rd      Deprive law enforcement,

  2                              correctional, or correctional

  3                              probation officer of means of

  4                              protection or communication.

  5  843.15(1)(a)       3rd      Failure to appear while on bail

  6                              for felony (bond estreature or

  7                              bond jumping).

  8  874.05(1)          3rd      Encouraging or recruiting another

  9                              to join a criminal street gang.

10  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

11                              893.03(1)(a), (b), or (d),

12                              (2)(a), (2)(b), or (2)(c)4.

13                              drugs).

14  914.14(2)          3rd      Witnesses accepting bribes.

15  914.22(1)          3rd      Force, threaten, etc., witness,

16                              victim, or informant.

17  914.23(2)          3rd      Retaliation against a witness,

18                              victim, or informant, no bodily

19                              injury.

20  918.12             3rd      Tampering with jurors.

21                              (e)  LEVEL 5

22  316.027(1)(a)      3rd      Accidents involving personal

23                              injuries, failure to stop;

24                              leaving scene.

25  316.1935(4)        2nd      Aggravated fleeing or eluding.

26  322.34(6)          3rd      Careless operation of motor

27                              vehicle with suspended license,

28                              resulting in death or serious

29                              bodily injury.

30  327.30(5)          3rd      Vessel accidents involving

31                              personal injury; leaving scene.

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  1  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

  2                              knowing HIV positive.

  3  790.01(2)          3rd      Carrying a concealed firearm.

  4  790.162            2nd      Threat to throw or discharge

  5                              destructive device.

  6  790.163            2nd      False report of deadly explosive.

  7  790.165(2)         3rd      Manufacture, sell, possess, or

  8                              deliver hoax bomb.

  9  790.221(1)         2nd      Possession of short-barreled

10                              shotgun or machine gun.

11  790.23             2nd      Felons in possession of firearms

12                              or electronic weapons or devices.

13  800.04(6)(c)       3rd      Lewd or lascivious conduct;

14                              offender less than 18 years.

15  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

16                              offender 18 years or older.

17  806.111(1)         3rd      Possess, manufacture, or dispense

18                              fire bomb with intent to damage

19                              any structure or property.

20  812.019(1)         2nd      Stolen property; dealing in or

21                              trafficking in.

22  812.131(2)(b)      3rd      Robbery by sudden snatching.

23  812.16(2)          3rd      Owning, operating, or conducting

24                              a chop shop.

25  817.034(4)(a)2.    2nd      Communications fraud, value

26                              $20,000 to $50,000.

27  817.625(2)(b)      2nd      Second or subsequent fraudulent

28                              use of scanning device or

29                              reencoder.

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  1  825.1025(4)        3rd      Lewd or lascivious exhibition in

  2                              the presence of an elderly person

  3                              or disabled adult.

  4  827.071(4)         2nd      Possess with intent to promote

  5                              any photographic material, motion

  6                              picture, etc., which includes

  7                              sexual conduct by a child.

  8  843.01             3rd      Resist officer with violence to

  9                              person; resist arrest with

10                              violence.

11  874.05(2)          2nd      Encouraging or recruiting another

12                              to join a criminal street gang;

13                              second or subsequent offense.

14  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

15                              cocaine (or other s.

16                              893.03(1)(a), (1)(b), (1)(d),

17                              (2)(a), (2)(b), or (2)(c)4.

18                              drugs).

19  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

20                              cannabis (or other s.

21                              893.03(1)(c), (2)(c)1., (2)(c)2.,

22                              (2)(c)3., (2)(c)5., (2)(c)6.,

23                              (2)(c)7., (2)(c)8., (2)(c)9.,

24                              (3), or (4) drugs) within 1,000

25                              feet of a child care facility or

26                              school.

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  1  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

  2                              cocaine (or other s.

  3                              893.03(1)(a), (1)(b), (1)(d),

  4                              (2)(a), (2)(b), or (2)(c)4.

  5                              drugs) within 200 feet of

  6                              university or public park.

  7  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

  8                              cannabis or other drug prohibited

  9                              under s. 893.03(1)(c), (2)(c)1.,

10                              (2)(c)2., (2)(c)3., (2)(c)5.,

11                              (2)(c)6., (2)(c)7., (2)(c)8.,

12                              (2)(c)9., (3), or (4) within

13                              1,000 feet of property used for

14                              religious services or a specified

15                              business site.

16  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

17                              cocaine (or other s.

18                              893.03(1)(a), (1)(b), (1)(d), or

19                              (2)(a), (2)(b), or (2)(c)4.

20                              drugs) within 200 feet of public

21                              housing facility.

22  893.13(4)(b)       2nd      Deliver to minor cannabis (or

23                              other s. 893.03(1)(c), (2)(c)1.,

24                              (2)(c)2., (2)(c)3., (2)(c)5.,

25                              (2)(c)6., (2)(c)7., (2)(c)8.,

26                              (2)(c)9., (3), or (4) drugs).

27         Section 3.  This act shall take effect July 1, 2001.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Provides that it is a third-degree felony to use a
      scanning device to access, read, obtain, memorize, or
  4    store information encoded on a payment card without the
      permission of, and with intent to defraud, the authorized
  5    user of the payment card. Provides that it is a
      third-degree felony to use a reencoder to place
  6    information onto a payment card without the permission
      of, and with intent to defraud, the authorized user of
  7    the payment card. Provides that a second or subsequent
      violation of the act is a second-degree felony.
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