Florida Senate - 2017 CS for CS for SB 766
By the Committees on Appropriations; and Criminal Justice; and
Senators Rodriguez, Young, and Farmer
576-04411-17 2017766c2
1 A bill to be entitled
2 An act relating to payment card offenses; amending s.
3 817.625, F.S.; revising definitions; revising
4 terminology; revising the offenses of using a scanning
5 device or reencoder with the intent to defraud;
6 prohibiting the use of a skimming device with intent
7 to defraud; prohibiting the possession, sale, or
8 delivery of a skimming device; providing criminal
9 penalties; amending s. 921.0022, F.S.; ranking the
10 offense of possessing, selling, or delivering a
11 skimming device on level 4 of the offense severity
12 ranking chart; conforming provisions to changes made
13 by the act; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 817.625, Florida Statutes, is amended to
18 read:
19 817.625 Use of scanning device, skimming device, or
20 reencoder to defraud; possession of skimming device; penalties.—
21 (1) As used in this section, the term:
22 (d)(a) “Scanning device” means a scanner, reader, or any
23 other electronic device that may be is used to access, read,
24 scan, obtain, memorize, or store, temporarily or permanently,
25 information encoded on the computer chip, magnetic strip or
26 stripe, or other storage mechanism of a payment card or from
27 another device that directly reads the information from a
28 payment card. The term does not include a skimming device.
29 (c)(b) “Reencoder” means an electronic device that places
30 encoded information from the computer chip, magnetic strip or
31 stripe, or other storage mechanism of a payment card onto the
32 computer chip, magnetic strip or stripe, or other storage
33 mechanism of a different payment card. The term does not include
34 a skimming device.
35 (b)(c) “Payment card” means a credit card, charge card,
36 debit card, or any other card that is issued to an authorized
37 card user and that allows the user to obtain, purchase, or
38 receive goods, services, money, or anything else of value from a
39 merchant.
40 (a)(d) “Merchant” means a person who receives from an
41 authorized user of a payment card, or someone the person
42 believes to be an authorized user, a payment card or information
43 from a payment card, or what the person believes to be a payment
44 card or information from a payment card, as the instrument for
45 obtaining, purchasing, or receiving goods, services, money, or
46 anything else of value from the person.
47 (e) “Skimming device” means a self-contained device that:
48 1. Is designed to read and store in the device’s internal
49 memory information encoded on the computer chip, magnetic strip
50 or stripe, or other storage mechanism of a payment card or from
51 another device that directly reads the information from a
52 payment card; and
53 2. Is incapable of processing the payment card information
54 for the purpose of obtaining, purchasing, or receiving goods,
55 services, money, or anything else of value from a merchant.
56 (2)(a) It is a felony of the third degree, punishable as
57 provided in s. 775.082, s. 775.083, or s. 775.084, for a person
58 to use:
59 1. A scanning device or skimming device to access, read,
60 obtain, memorize, or store, temporarily or permanently,
61 information encoded on the computer chip, magnetic strip or
62 stripe, or other storage mechanism of a payment card without the
63 permission of the authorized user of the payment card and with
64 the intent to defraud the authorized user, the issuer of the
65 authorized user’s payment card, or a merchant.
66 2. A reencoder to place information encoded on the computer
67 chip, magnetic strip or stripe, or other storage mechanism of a
68 payment card onto the computer chip, magnetic strip or stripe,
69 or other storage mechanism of a different card without the
70 permission of the authorized user of the card from which the
71 information is being reencoded and with the intent to defraud
72 the authorized user, the issuer of the authorized user’s payment
73 card, or a merchant.
74 (b) A Any person who violates subparagraph (a)1. or
75 subparagraph (a)2. a second or subsequent time commits a felony
76 of the second degree, punishable as provided in s. 775.082, s.
77 775.083, or s. 775.084.
78 (c) It is a felony of the third degree, punishable as
79 provided in s. 775.082, s. 775.083, or s. 775.084, for a person
80 to knowingly possess, sell, or deliver a skimming device. This
81 paragraph does not apply to the following individuals while
82 acting within the scope of their official duties:
83 1. An employee, officer, or agent of:
84 a. A law enforcement agency or criminal prosecuting
85 authority for the state or the federal government;
86 b. The state courts system as defined in s. 25.382 or the
87 federal court system; or
88 c. An executive branch agency in this state.
89 2. A financial or retail security investigator employed by
90 a merchant.
91 (d)(c) A Any person who commits a violation of this
92 subsection is violates subparagraph (a)1. or subparagraph (a)2.
93 shall also be subject to the provisions of ss. 932.701-932.7062.
94 Section 2. Paragraphs (d) and (e) of subsection (3) of
95 section 921.0022, Florida Statutes, are amended to read:
96 921.0022 Criminal Punishment Code; offense severity ranking
97 chart.—
98 (3) OFFENSE SEVERITY RANKING CHART
99 (d) LEVEL 4
100
101 FloridaStatute FelonyDegree Description
102 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
103 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
104 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
105 517.07(1) 3rd Failure to register securities.
106 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
107 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
108 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
109 784.075 3rd Battery on detention or commitment facility staff.
110 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
111 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
112 784.081(3) 3rd Battery on specified official or employee.
113 784.082(3) 3rd Battery by detained person on visitor or other detainee.
114 784.083(3) 3rd Battery on code inspector.
115 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
116 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
117 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
118 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
119 787.07 3rd Human smuggling.
120 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
121 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
122 790.115(2)(c) 3rd Possessing firearm on school property.
123 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
124 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
125 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
126 810.06 3rd Burglary; possession of tools.
127 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
128 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
129 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
130 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
131 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
132 817.568(2)(a) 3rd Fraudulent use of personal identification information.
133 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
134 817.625(2)(c) 3rd Possession, sale, or delivery of skimming device.
135 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
136 837.02(1) 3rd Perjury in official proceedings.
137 837.021(1) 3rd Make contradictory statements in official proceedings.
138 838.022 3rd Official misconduct.
139 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
140 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
141 843.021 3rd Possession of a concealed handcuff key by a person in custody.
142 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
143 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
144 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
145 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
146 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
147 914.14(2) 3rd Witnesses accepting bribes.
148 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
149 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
150 918.12 3rd Tampering with jurors.
151 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
152 (e) LEVEL 5
153
154 FloridaStatute FelonyDegree Description
155 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
156 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
157 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
158 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
159 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
160 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
161 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
162 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
163 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
164 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
165 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
166 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
167 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
168 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
169 790.01(2) 3rd Carrying a concealed firearm.
170 790.162 2nd Threat to throw or discharge destructive device.
171 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
172 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
173 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
174 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
175 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
176 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
177 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
178 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
179 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
180 812.019(1) 2nd Stolen property; dealing in or trafficking in.
181 812.131(2)(b) 3rd Robbery by sudden snatching.
182 812.16(2) 3rd Owning, operating, or conducting a chop shop.
183 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
184 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
185 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
186 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
187 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
188 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
189 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
190 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
191 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
192 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
193 843.01 3rd Resist officer with violence to person; resist arrest with violence.
194 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
195 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
196 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
197 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
198 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
199 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
200 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other 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) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
201 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
202 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under 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) within 1,000 feet of property used for religious services or a specified business site.
203 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
204 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
205 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
206 Section 3. This act shall take effect October 1, 2017.