Florida Senate - 2017                              CS for SB 766
       
       
        
       By the Committee on Criminal Justice; and Senator Rodriguez
       
       
       
       
       
       591-03355-17                                           2017766c1
    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  stored under subparagraph 1. for the purpose of obtaining,
   55  purchasing, or receiving goods, services, money, or anything
   56  else of value from a merchant.
   57         (2)(a) It is a felony of the third degree, punishable as
   58  provided in s. 775.082, s. 775.083, or s. 775.084, for a person
   59  to use:
   60         1. A scanning device or skimming device to access, read,
   61  obtain, memorize, or store, temporarily or permanently,
   62  information encoded on the computer chip, magnetic strip or
   63  stripe, or other storage mechanism of a payment card without the
   64  permission of the authorized user of the payment card and with
   65  the intent to defraud the authorized user, the issuer of the
   66  authorized user’s payment card, or a merchant.
   67         2. A reencoder to place information encoded on the computer
   68  chip, magnetic strip or stripe, or other storage mechanism of a
   69  payment card onto the computer chip, magnetic strip or stripe,
   70  or other storage mechanism of a different card without the
   71  permission of the authorized user of the card from which the
   72  information is being reencoded and with the intent to defraud
   73  the authorized user, the issuer of the authorized user’s payment
   74  card, or a merchant.
   75         (b) A Any person who violates subparagraph (a)1. or
   76  subparagraph (a)2. a second or subsequent time commits a felony
   77  of the second degree, punishable as provided in s. 775.082, s.
   78  775.083, or s. 775.084.
   79         (c) It is a felony of the third degree, punishable as
   80  provided in s. 775.082, s. 775.083, or s. 775.084, for a person
   81  to knowingly possess, sell, or deliver a skimming device. This
   82  paragraph does not apply to the following individuals while
   83  acting within the scope of their official duties:
   84         1. An employee, officer, or agent of:
   85         a. A law enforcement agency or criminal prosecuting
   86  authority for the state or the federal government;
   87         b. The state courts system as defined in s. 25.382 or the
   88  federal court system; or
   89         c. An executive branch agency in this state.
   90         2. A financial or retail security investigator employed by
   91  a merchant.
   92         (d)(c)A Any person who commits a violation of this
   93  subsection is violates subparagraph (a)1. or subparagraph (a)2.
   94  shall also be subject to the provisions of ss. 932.701-932.7062.
   95         Section 2. Paragraphs (d) and (e) of subsection (3) of
   96  section 921.0022, Florida Statutes, are amended to read:
   97         921.0022 Criminal Punishment Code; offense severity ranking
   98  chart.—
   99         (3) OFFENSE SEVERITY RANKING CHART
  100         (d) LEVEL 4
  101  
  102  FloridaStatute    FelonyDegree           Description            
  103  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.
  104  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  105  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  106  517.07(1)            3rd   Failure to register securities.   
  107  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
  108  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  109  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  110  784.075              3rd   Battery on detention or commitment facility staff.
  111  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  112  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  113  784.081(3)           3rd   Battery on specified official or employee.
  114  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  115  784.083(3)           3rd   Battery on code inspector.        
  116  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  117  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  118  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  119  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  120  787.07               3rd   Human smuggling.                  
  121  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  122  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  123  790.115(2)(c)        3rd   Possessing firearm on school property.
  124  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  125  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  126  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  127  810.06               3rd   Burglary; possession of tools.    
  128  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  129  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  130  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  131  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  132  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  133  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  134  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
  135  817.625(2)(c)        3rd   Possession, sale, or delivery of skimming device.
  136  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  137  837.02(1)            3rd   Perjury in official proceedings.  
  138  837.021(1)           3rd   Make contradictory statements in official proceedings.
  139  838.022              3rd   Official misconduct.              
  140  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  141  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  142  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  143  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  144  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  145  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  146  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  147  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).
  148  914.14(2)            3rd   Witnesses accepting bribes.       
  149  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  150  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  151  918.12               3rd   Tampering with jurors.            
  152  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  153         (e) LEVEL 5
  154  
  155  FloridaStatute    FelonyDegree           Description            
  156  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  157  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  158  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
  159  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  160  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  161  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.
  162  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  163  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
  164  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  165  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  166  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  167  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  168  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  169  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  170  790.01(2)            3rd   Carrying a concealed firearm.     
  171  790.162              2nd   Threat to throw or discharge destructive device.
  172  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  173  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  174  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  175  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  176  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  177  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  178  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  179  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  180  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  181  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  182  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  183  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  184  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  185  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  186  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.
  187  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.
  188  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  189  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  190  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  191  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  192  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  193  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.
  194  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
  195  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  196  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  197  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  198  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  199  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  200  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).
  201  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.
  202  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.
  203  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.
  204  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.
  205  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
  206  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  207         Section 3. This act shall take effect October 1, 2017.