Senate Bill sb1524c1

    Florida Senate - 2002                           CS for SB 1524

    By the Committee on Transportation; and Senator Sebesta





    306-1957-02

  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.

  9

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 third 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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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1524
    306-1957-02




  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         (7)  This act shall not apply to containers of 8

28  gallons or less.

29         Section 2.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                           CS for SB 1524
    306-1957-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1524

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  4  The CS lowers the penalty from a felony of the second degree
    to a felony of the third degree for possessing any device for
  5  the transportation of motor or diesel fuel which does not
    conform to federal requirements, and purchasing or attempting
  6  to purchase fuel by using a fraudulent credit card, credit
    card account number, or by using unauthorized access to any
  7  computer network.

  8  The CS further provides this act does not apply to containers
    of 8 gallons or less.
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CODING: Words stricken are deletions; words underlined are additions.