Senate Bill sb1524
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Florida Senate - 2002 SB 1524
By Senator Sebesta
20-840-02
1 A bill to be entitled
2 An act relating to transportation of fuel;
3 providing a criminal penalty for the unlawful
4 transportation of motor or diesel fuel over
5 public highways; providing a criminal penalty
6 for the unlawful transportation of fraudulently
7 obtained motor or diesel fuel; providing an
8 effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. (1) It is unlawful for any person to
13 maintain, or possess any conveyance or vehicle that is
14 equipped with fuel tanks, bladders, drums, or other containers
15 that do not conform to 49 C.F.R. or have not been approved by
16 the U.S. Department of Transportation for the purpose of
17 hauling, transporting, or conveying motor or diesel fuel over
18 the public highways. Any person who violates this subsection
19 commits a felony of the third degree, punishable as provided
20 in section 775.082, section 775.083 or section 775.084,
21 Florida Statutes, and is subject to the revocation of driver's
22 license privileges as provided in section 322.26, Florida
23 Statutes.
24 (2) Any person who violates subsection (1) commits a
25 felony of the second degree, punishable as provided in section
26 775.082, section 775.083, or section 775.084, Florida
27 Statutes, if he or she has attempted to or has fraudulently
28 obtained motor or diesel fuel, by presenting a credit card or
29 a credit card account number, in violation of sections
30 817.57-817.685, Florida Statutes, by using unauthorized access
31 to any computer network, in violation of section 815.06, or by
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Florida Senate - 2002 SB 1524
20-840-02
1 using a skimmed, lost, or stolen payment access device,
2 whether a credit card or contactless device.
3 (3) All conveyances or vehicles, fuel tanks, related
4 fuel, and other equipment described in subsection (1) are
5 subject to seizure and forfeiture, as provided by the Florida
6 Contraband Forfeiture Act.
7 (4) The law enforcement agency that seized the motor
8 or diesel fuel under this section shall remove and reclaim,
9 recycle, or dispose of all associated motor or diesel fuel
10 from illegal containers as soon as practical in a safe and
11 proper manner.
12 (5) Upon conviction of the person arrested for the
13 violation of any of the provisions of this section, the judge
14 shall issue an order adjudging and declaring that all fuel
15 tanks and other equipment used in violation of this section
16 are forfeited and directing its destruction, with the
17 exception of the conveyance or vehicle.
18 (6) Any person convicted under this section, is
19 responsible for all reasonable costs incurred by the
20 investigating law enforcement agency, including the towing and
21 storage of the conveyance or vehicle, the removal and disposal
22 of the motor or diesel fuel, and the storage and destruction
23 of all fuel tanks and other equipment described and used in
24 violation of subsection (1) and for payment for the fuel to
25 the party from whom any associated motor or diesel fuel was
26 fraudulently obtained.
27 Section 2. This act shall take effect July 1, 2002.
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Florida Senate - 2002 SB 1524
20-840-02
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2 SENATE SUMMARY
3 Provides criminal penalties for the unlawful
transportation of motor or diesel fuel over public
4 highways.
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