Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 766
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/03/2017 .
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The Committee on Criminal Justice (Rodriguez) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 817.625, Florida Statutes, is amended to
6 read:
7 817.625 Use of scanning device, skimming device, or
8 reencoder to defraud; possession of skimming device; penalties.—
9 (1) As used in this section, the term:
10 (d)(a) “Scanning device” means a scanner, reader, or any
11 other electronic device that may be is used to access, read,
12 scan, obtain, memorize, or store, temporarily or permanently,
13 information encoded on the computer chip, magnetic strip or
14 stripe, or other storage mechanism of a payment card or from
15 another device that directly reads the information from a
16 payment card. The term does not include a skimming device.
17 (c)(b) “Reencoder” means an electronic device that places
18 encoded information from the computer chip, magnetic strip or
19 stripe, or other storage mechanism of a payment card onto the
20 computer chip, magnetic strip or stripe, or other storage
21 mechanism of a different payment card. The term does not include
22 a skimming device.
23 (b)(c) “Payment card” means a credit card, charge card,
24 debit card, or any other card that is issued to an authorized
25 card user and that allows the user to obtain, purchase, or
26 receive goods, services, money, or anything else of value from a
27 merchant.
28 (a)(d) “Merchant” means a person who receives from an
29 authorized user of a payment card, or someone the person
30 believes to be an authorized user, a payment card or information
31 from a payment card, or what the person believes to be a payment
32 card or information from a payment card, as the instrument for
33 obtaining, purchasing, or receiving goods, services, money, or
34 anything else of value from the person.
35 (e) “Skimming device” means a self-contained device that:
36 1. Is designed to read and store in the device’s internal
37 memory information encoded on the computer chip, magnetic strip
38 or stripe, or other storage mechanism of a payment card or from
39 another device that directly reads the information from a
40 payment card; and
41 2. Is incapable of processing the payment card information
42 stored under subparagraph 1. for the purpose of obtaining,
43 purchasing, or receiving goods, services, money, or anything
44 else of value from a merchant.
45 (2)(a) It is a felony of the third degree, punishable as
46 provided in s. 775.082, s. 775.083, or s. 775.084, for a person
47 to use:
48 1. A scanning device or skimming device to access, read,
49 obtain, memorize, or store, temporarily or permanently,
50 information encoded on the computer chip, magnetic strip or
51 stripe, or other storage mechanism of a payment card without the
52 permission of the authorized user of the payment card and with
53 the intent to defraud the authorized user, the issuer of the
54 authorized user’s payment card, or a merchant.
55 2. A reencoder to place information encoded on the computer
56 chip, magnetic strip or stripe, or other storage mechanism of a
57 payment card onto the computer chip, magnetic strip or stripe,
58 or other storage mechanism of a different card without the
59 permission of the authorized user of the card from which the
60 information is being reencoded and with the intent to defraud
61 the authorized user, the issuer of the authorized user’s payment
62 card, or a merchant.
63 (b) A Any person who violates subparagraph (a)1. or
64 subparagraph (a)2. a second or subsequent time commits a felony
65 of the second degree, punishable as provided in s. 775.082, s.
66 775.083, or s. 775.084.
67 (c) It is a felony of the third degree, punishable as
68 provided in s. 775.082, s. 775.083, or s. 775.084, for a person
69 to knowingly possess, sell, or deliver a skimming device. This
70 paragraph does not apply to the following individuals while
71 acting within the scope of their official duties:
72 1. An employee, officer, or agent of:
73 a. A law enforcement agency or criminal prosecuting
74 authority for the state or the federal government;
75 b. The state courts system as defined in s. 25.382 or the
76 federal court system; or
77 c. An executive branch agency in this state.
78 2. A financial or retail security investigator employed by
79 a merchant.
80 (d)(c) A Any person who commits a violation of this
81 subsection is violates subparagraph (a)1. or subparagraph (a)2.
82 shall also be subject to the provisions of ss. 932.701-932.7062.
83 Section 2. Paragraphs (d) and (e) of subsection (3) of
84 section 921.0022, Florida Statutes, are amended to read:
85 921.0022 Criminal Punishment Code; offense severity ranking
86 chart.—
87 (3) OFFENSE SEVERITY RANKING CHART
88 (d) LEVEL 4
89
90 FloridaStatute FelonyDegree Description
91 316.1935(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.
92 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
93 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
94 517.07(1) 3rd Failure to register securities.
95 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
96 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
97 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
98 784.075 3rd Battery on detention or commitment facility staff.
99 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
100 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
101 784.081(3) 3rd Battery on specified official or employee.
102 784.082(3) 3rd Battery by detained person on visitor or other detainee.
103 784.083(3) 3rd Battery on code inspector.
104 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
105 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
106 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
107 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
108 787.07 3rd Human smuggling.
109 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
110 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
111 790.115(2)(c) 3rd Possessing firearm on school property.
112 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
113 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
114 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
115 810.06 3rd Burglary; possession of tools.
116 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
117 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
118 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
119 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
120 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
121 817.568(2)(a) 3rd Fraudulent use of personal identification information.
122 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
123 817.625(2)(c) 3rd Possession, sale, or delivery of skimming device.
124 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
125 837.02(1) 3rd Perjury in official proceedings.
126 837.021(1) 3rd Make contradictory statements in official proceedings.
127 838.022 3rd Official misconduct.
128 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
129 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
130 843.021 3rd Possession of a concealed handcuff key by a person in custody.
131 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
132 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
133 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
134 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
135 893.13(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).
136 914.14(2) 3rd Witnesses accepting bribes.
137 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
138 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
139 918.12 3rd Tampering with jurors.
140 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
141
142 (e) LEVEL 5
143
144 FloridaStatute FelonyDegree Description
145 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
146 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
147 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
148 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
149 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
150 379.365(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.
151 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
152 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
153 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
154 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
155 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
156 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
157 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
158 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
159 790.01(2) 3rd Carrying a concealed firearm.
160 790.162 2nd Threat to throw or discharge destructive device.
161 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
162 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
163 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
164 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
165 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
166 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
167 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
168 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
169 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
170 812.019(1) 2nd Stolen property; dealing in or trafficking in.
171 812.131(2)(b) 3rd Robbery by sudden snatching.
172 812.16(2) 3rd Owning, operating, or conducting a chop shop.
173 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
174 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
175 817.2341(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.
176 817.568(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.
177 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
178 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
179 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
180 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
181 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
182 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
183 843.01 3rd Resist officer with violence to person; resist arrest with violence.
184 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
185 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
186 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
187 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
188 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
189 893.13(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).
190 893.13(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.
191 893.13(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.
192 893.13(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.
193 893.13(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.
194 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
195 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
196
197 Section 3. This act shall take effect October 1, 2017.
198
199 ================= T I T L E A M E N D M E N T ================
200 And the title is amended as follows:
201 Delete everything before the enacting clause
202 and insert:
203 A bill to be entitled
204 An act relating to payment card offenses; amending s.
205 817.625, F.S.; revising definitions; revising
206 terminology; revising the offenses of using a scanning
207 device or reencoder with the intent to defraud;
208 prohibiting the use of a skimming device with intent
209 to defraud; prohibiting the possession, sale, or
210 delivery of a skimming device; providing criminal
211 penalties; amending s. 921.0022, F.S.; ranking the
212 offense of possessing, selling, or delivering a
213 skimming device on level 4 of the offense severity
214 ranking chart; conforming provisions to changes made
215 by the act; providing an effective date.