Florida Senate - 2016 SB 218
By Senator Hutson
6-00231-16 2016218__
1 A bill to be entitled
2 An act relating to offenses involving electronic
3 benefits transfer cards; amending s. 414.39, F.S.;
4 specifying acts that constitute trafficking in food
5 assistance benefits cards and are subject to criminal
6 penalties; providing criminal penalties; reenacting s.
7 921.0022(3)(a), F.S., relating to level 1 of the
8 offense severity ranking chart, to incorporate the
9 amendment made to s. 414.39, F.S., in a reference
10 thereto; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (2) of section 414.39, Florida
15 Statutes, is amended to read:
16 414.39 Fraud.—
17 (2)(a) Any person who knowingly:
18 1.(a) Uses, transfers, acquires, traffics, alters, forges,
19 or possesses;
20 2.(b) Attempts to use, transfer, acquire, traffic, alter,
21 forge, or possess; or
22 3.(c) Aids and abets another person in the use, transfer,
23 acquisition, traffic, alteration, forgery, or possession of,
24
25 a food assistance identification card, an authorization,
26 including, but not limited to, an electronic authorization, for
27 the expenditure of food assistance benefits, a certificate of
28 eligibility for medical services, or a Medicaid identification
29 card in any manner not authorized by law commits a crime and
30 shall be punished as provided in subsection (5).
31 (b) As used in this subsection, the term “traffic”
32 includes:
33 1. Buying, selling, stealing, or otherwise effecting an
34 exchange of food assistance benefits issued and accessed via
35 electronic benefits transfer (EBT) cards, electronic benefits
36 transfer (EBT) card numbers and personal identification numbers
37 (PINs), or by manual voucher and signature, for cash or
38 consideration other than eligible food, either directly,
39 indirectly, in complicity or collusion with others, or acting
40 alone;
41 2. Attempting to buy, sell, steal, or otherwise effect an
42 exchange of food assistance benefits issued and accessed via
43 electronic benefits transfer (EBT) cards, electronic benefits
44 transfer (EBT) card numbers and personal identification numbers
45 (PINs), or by manual voucher and signature, for cash or
46 consideration other than eligible food, either directly,
47 indirectly, in complicity or collusion with others, or acting
48 alone;
49 3. Exchanging firearms, ammunition, explosives, or
50 controlled substances, as defined in s. 893.02, for food
51 assistance benefits;
52 4. Purchasing with food assistance benefits a product with
53 the intent of obtaining cash or consideration other than
54 eligible food by reselling the product, and subsequently
55 intentionally reselling the product purchased with food
56 assistance benefits in exchange for cash or consideration other
57 than eligible food; or
58 5. Intentionally purchasing products originally purchased
59 with food assistance benefits in exchange for cash or
60 consideration other than eligible food.
61 (c) Any person who has possession of two or more electronic
62 benefits transfer (EBT) cards issued to other persons and who
63 sells or attempts to sell one or more of these cards commits a
64 felony of the third degree, punishable as provided in s.
65 775.082, s. 775.083, or s. 775.084 and by a mandatory sentence
66 of 6 months of community service with a nonprofit entity that
67 services the community with food distribution for the needy.
68 Section 2. For the purpose of incorporating the amendment
69 made by this act to section 414.39, Florida Statutes, in a
70 reference thereto, paragraph (a) of subsection (3) of section
71 921.0022, Florida Statutes, is reenacted to read:
72 921.0022 Criminal Punishment Code; offense severity ranking
73 chart.—
74 (3) OFFENSE SEVERITY RANKING CHART
75 (a) LEVEL 1
76
77 FloridaStatute FelonyDegree Description
78 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
79 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
80 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
81 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
82 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
83 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
84 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
85 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
86 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
87 322.212(5)(a) 3rd False application for driver license or identification card.
88 414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
89 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
90 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
91 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
92 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
93 562.27(1) 3rd Possess still or still apparatus.
94 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
95 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
96 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
97 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
98 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
99 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
100 826.01 3rd Bigamy.
101 828.122(3) 3rd Fighting or baiting animals.
102 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
103 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
104 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
105 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
106 838.15(2) 3rd Commercial bribe receiving.
107 838.16 3rd Commercial bribery.
108 843.18 3rd Fleeing by boat to elude a law enforcement officer.
109 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
110 849.01 3rd Keeping gambling house.
111 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
112 849.23 3rd Gambling-related machines; “common offender” as to property rights.
113 849.25(2) 3rd Engaging in bookmaking.
114 860.08 3rd Interfere with a railroad signal.
115 860.13(1)(a) 3rd Operate aircraft while under the influence.
116 893.13(2)(a)2. 3rd Purchase of cannabis.
117 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
118 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
119 Section 3. This act shall take effect October 1, 2016.