Senate Bill sb1536
CODING: Words stricken are deletions; words underlined are additions.
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.
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1536
16-813-01
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.
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1536
16-813-01
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
10
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.
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1536
16-813-01
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.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1536
16-813-01
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.
29
30
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1536
16-813-01
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.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1536
16-813-01
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.
30
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1536
16-813-01
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.
27
28
29
30
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1536
16-813-01
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.
28
29
30
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1536
16-813-01
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.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
10
CODING: Words stricken are deletions; words underlined are additions.