| 1 | A bill to be entitled |
| 2 | An act relating to possession of stolen credit cards; |
| 3 | amending s. 817.60, F.S.; prohibiting possession of a |
| 4 | credit card by a person who knows or who should know that |
| 5 | it is stolen; providing criminal penalties; providing |
| 6 | enhanced penalties for second or subsequent violations; |
| 7 | amending s. 817.67, F.S.; providing that persons subject |
| 8 | to a specified penalty provision are guilty of a felony of |
| 9 | the second degree, punishable as provided in specified |
| 10 | provisions; amending s. 921.0022, F.S.; conforming a |
| 11 | cross-reference to changes made by this act; providing an |
| 12 | effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsections (6) and (7) of section 817.60, |
| 17 | Florida Statutes, are renumbered as subsections (7) and (8), |
| 18 | respectively, and a new subsection (6) is added to that section |
| 19 | to read: |
| 20 | 817.60 Theft; obtaining credit card through fraudulent |
| 21 | means.-- |
| 22 | (6) POSSESSION OF A STOLEN CREDIT CARD.-- |
| 23 | (a) Except as provided in paragraph (b), a person who |
| 24 | knowingly has in his or her possession a credit card that he or |
| 25 | she knows or should know was stolen violates this subsection and |
| 26 | is subject to the penalties set forth in s. 817.67(2). |
| 27 | (b) A person who commits a second or subsequent violation |
| 28 | of paragraph (a) is subject to the penalties set forth in s. |
| 29 | 817.67(3). |
| 30 | Section 2. Subsection (3) is added to section 817.67, |
| 31 | Florida Statutes, to read: |
| 32 | 817.67 Penalties.-- |
| 33 | (3) A person who is subject to the penalties of this |
| 34 | subsection is guilty of a felony of the second degree, |
| 35 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 36 | Section 3. Paragraph (b) of subsection (3) of section |
| 37 | 921.0022, Florida Statutes, is amended to read: |
| 38 | 921.0022 Criminal Punishment Code; offense severity |
| 39 | ranking chart.-- |
| 40 | (3) OFFENSE SEVERITY RANKING CHART |
| 41 | (b) LEVEL 2 |
| 42 |
|
| | | FloridaStatute | FelonyDegree | Description |
|
| 43 |
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| | | 379.2431(1)(e)3. | 3rd | Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. |
|
| 44 |
|
| | | 379.2431(1)(e)4. | 3rd | Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. |
|
| 45 |
|
| | | 403.413(5)(c) | 3rd | Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. |
|
| 46 |
|
| | | 517.07 | 3rd | Registration of securities and furnishing of prospectus required. |
|
| 47 |
|
| | | 590.28(1) | 3rd | Willful, malicious, or intentional burning. |
|
| 48 |
|
| | | 784.05(3) | 3rd | Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. |
|
| 49 |
|
| | | 787.04(1) | 3rd | In violation of court order, take, entice, etc., minor beyond state limits. |
|
| 50 |
|
| | | 806.13(1)(b)3. | 3rd | Criminal mischief; damage $1,000 or more to public communication or any other public service. |
|
| 51 |
|
| | | 810.061(2) | 3rd | Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. |
|
| 52 |
|
| | | 810.09(2)(e) | 3rd | Trespassing on posted commercial horticulture property. |
|
| 53 |
|
| | | 812.014(2)(c)1. | 3rd | Grand theft, 3rd degree; $300 or more but less than $5,000. |
|
| 54 |
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| | | 812.014(2)(d) | 3rd | Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. |
|
| 55 |
|
| | | 812.015(7) | 3rd | Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. |
|
| 56 |
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| | | 817.234(1)(a)2. | 3rd | False statement in support of insurance claim. |
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| 57 |
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| | | 817.481(3)(a) | 3rd | Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. |
|
| 58 |
|
| | | 817.52(3) | 3rd | Failure to redeliver hired vehicle. |
|
| 59 |
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| | | 817.54 | 3rd | With intent to defraud, obtain mortgage note, etc., by false representation. |
|
| 60 |
|
| | | 817.60(5) | 3rd | Dealing in credit cards of another. |
|
| 61 |
|
| | 817.60(7)(6)(a) | 3rd | Forgery; purchase goods, services with false card. |
|
| 62 |
|
| | | 817.61 | 3rd | Fraudulent use of credit cards over $100 or more within 6 months. |
|
| 63 |
|
| | | 826.04 | 3rd | Knowingly marries or has sexual intercourse with person to whom related. |
|
| 64 |
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| | |
| 65 |
|
| | | 831.02 | 3rd | Uttering forged instrument; utters or publishes alteration with intent to defraud. |
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| 66 |
|
| | | 831.07 | 3rd | Forging bank bills, checks, drafts, or promissory notes. |
|
| 67 |
|
| | | 831.08 | 3rd | Possessing 10 or more forged notes, bills, checks, or drafts. |
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| 68 |
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| | | 831.09 | 3rd | Uttering forged notes, bills, checks, drafts, or promissory notes. |
|
| 69 |
|
| | | 831.11 | 3rd | Bringing into the state forged bank bills, checks, drafts, or notes. |
|
| 70 |
|
| | | 832.05(3)(a) | 3rd | Cashing or depositing item with intent to defraud. |
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| 71 |
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| | | 843.08 | 3rd | Falsely impersonating an officer. |
|
| 72 |
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| | | 893.13(2)(a)2. | 3rd | Purchase of any 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 other than cannabis. |
|
| 73 |
|
| | | 893.147(2) | 3rd | Manufacture or delivery of drug paraphernalia. |
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| 74 |
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| 75 | Section 4. This act shall take effect October 1, 2009. |