HOUSE AMENDMENT
Bill No. HB 531 Barcode 051781
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Crime Prevention, Corrections & Safety
12 offered the following:
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14 Amendment (with title amendment)
15 On page 2, between lines 5 and 6,
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17 insert:
18 Section 2. Section 817.625, Florida Statutes, is
19 created to read:
20 817.625 Use of scanning device or reencoder to
21 defraud; penalties.--
22 (1) As used in this section, the term:
23 (a) "Scanning device" means a scanner, reader, or any
24 other electronic device that is used to access, read, scan,
25 obtain, memorize, or store, temporarily or permanently,
26 information encoded on the magnetic strip or stripe of a
27 payment card.
28 (b) "Reencoder" means an electronic device that places
29 encoded information from the magnetic strip or stripe of a
30 payment card onto the magnetic strip or stripe of a different
31 payment card.
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HOUSE AMENDMENT
Bill No. HB 531 Barcode 051781
Amendment No. 1 (for drafter's use only)
1 (c) "Payment card" means a credit card, charge card,
2 debit card, or any other card that is issued to an authorized
3 card user and that allows the user to obtain, purchase, or
4 receive goods, services, money, or anything else of value from
5 a merchant.
6 (d) "Merchant" means a person who receives from an
7 authorized user of a payment card, or someone the person
8 believes to be an authorized user, a payment card or
9 information from a payment card, or what the person believes
10 to be a payment card or information from a payment card, as
11 the instrument for obtaining, purchasing, or receiving goods,
12 services, money, or anything else of value from the person.
13 (2)(a) It is a felony of the third degree, punishable
14 as provided in s. 775.082, s. 775.083, or s. 775.084, for a
15 person to use:
16 1. A scanning device to access, read, obtain,
17 memorize, or store, temporarily or permanently, information
18 encoded on the magnetic strip or stripe of a payment card
19 without the permission of the authorized user of the payment
20 card and with the intent to defraud the authorized user.
21 2. A reencoder to place information encoded on the
22 magnetic strip or stripe of a payment card onto the magnetic
23 strip or stripe of a different card without the permission of
24 the authorized user of the card from which the information is
25 being reencoded and with the intent to defraud the authorized
26 user.
27 (b) Any person who violates subparagraph (a)1. or
28 subparagraph (a)2. and who has been previously convicted of a
29 violation of this section commits a felony of the second
30 degree, punishable as provided in s. 775.082, s. 775.083, or
31 s. 775.084.
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HOUSE AMENDMENT
Bill No. HB 531 Barcode 051781
Amendment No. 1 (for drafter's use only)
1 (c) Any person who violates subparagraph (a)1. or
2 subparagraph (a)2. shall also be subject to the provisions of
3 ss. 932.701-932.707.
4 Section 3. Paragraphs (d) and (e) of subsection (3) of
5 section 921.0022, Florida Statutes, are amended to read:
6 921.0022 Criminal Punishment Code; offense severity
7 ranking chart.--
8 (3) OFFENSE SEVERITY RANKING CHART
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10 Florida Felony
11 Statute Degree Description
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14 (d) LEVEL 4
15 316.1935(3) 2nd Driving at high speed or with
16 wanton disregard for safety while
17 fleeing or attempting to elude
18 law enforcement officer who is in
19 a marked patrol vehicle with
20 siren and lights activated.
21 784.07(2)(b) 3rd Battery of law enforcement
22 officer, firefighter, intake
23 officer, etc.
24 784.075 3rd Battery on detention or
25 commitment facility staff.
26 784.08(2)(c) 3rd Battery on a person 65 years of
27 age or older.
28 784.081(3) 3rd Battery on specified official or
29 employee.
30 784.082(3) 3rd Battery by detained person on
31 visitor or other detainee.
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HOUSE AMENDMENT
Bill No. HB 531 Barcode 051781
Amendment No. 1 (for drafter's use only)
1 784.083(3) 3rd Battery on code inspector.
2 784.085 3rd Battery of child by throwing,
3 tossing, projecting, or expelling
4 certain fluids or materials.
5 787.03(1) 3rd Interference with custody;
6 wrongly takes child from
7 appointed guardian.
8 787.04(2) 3rd Take, entice, or remove child
9 beyond state limits with criminal
10 intent pending custody
11 proceedings.
12 787.04(3) 3rd Carrying child beyond state lines
13 with criminal intent to avoid
14 producing child at custody
15 hearing or delivering to
16 designated person.
17 790.115(1) 3rd Exhibiting firearm or weapon
18 within 1,000 feet of a school.
19 790.115(2)(b) 3rd Possessing electric weapon or
20 device, destructive device, or
21 other weapon on school property.
22 790.115(2)(c) 3rd Possessing firearm on school
23 property.
24 800.04(7)(d) 3rd Lewd or lascivious exhibition;
25 offender less than 18 years.
26 810.02(4)(a) 3rd Burglary, or attempted burglary,
27 of an unoccupied structure;
28 unarmed; no assault or battery.
29 810.02(4)(b) 3rd Burglary, or attempted burglary,
30 of an unoccupied conveyance;
31 unarmed; no assault or battery.
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HOUSE AMENDMENT
Bill No. HB 531 Barcode 051781
Amendment No. 1 (for drafter's use only)
1 810.06 3rd Burglary; possession of tools.
2 810.08(2)(c) 3rd Trespass on property, armed with
3 firearm or dangerous weapon.
4 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
5 or more but less than $20,000.
6 812.014
7 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
8 firearm, motor vehicle,
9 livestock, etc.
10 817.563(1) 3rd Sell or deliver substance other
11 than controlled substance agreed
12 upon, excluding s. 893.03(5)
13 drugs.
14 817.625(2)(a) 3rd Fraudulent use of scanning device
15 or reencoder.
16 828.125(1) 2nd Kill, maim, or cause great bodily
17 harm or permanent breeding
18 disability to any registered
19 horse or cattle.
20 837.02(1) 3rd Perjury in official proceedings.
21 837.021(1) 3rd Make contradictory statements in
22 official proceedings.
23 843.021 3rd Possession of a concealed
24 handcuff key by a person in
25 custody.
26 843.025 3rd Deprive law enforcement,
27 correctional, or correctional
28 probation officer of means of
29 protection or communication.
30 843.15(1)(a) 3rd Failure to appear while on bail
31 for felony (bond estreature or
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HOUSE AMENDMENT
Bill No. HB 531 Barcode 051781
Amendment No. 1 (for drafter's use only)
1 bond jumping).
2 874.05(1) 3rd Encouraging or recruiting another
3 to join a criminal street gang.
4 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
5 893.03(1)(a), (b), or (d),
6 (2)(a), (2)(b), or (2)(c)4.
7 drugs).
8 914.14(2) 3rd Witnesses accepting bribes.
9 914.22(1) 3rd Force, threaten, etc., witness,
10 victim, or informant.
11 914.23(2) 3rd Retaliation against a witness,
12 victim, or informant, no bodily
13 injury.
14 918.12 3rd Tampering with jurors.
15 (e) LEVEL 5
16 316.027(1)(a) 3rd Accidents involving personal
17 injuries, failure to stop;
18 leaving scene.
19 316.1935(4) 2nd Aggravated fleeing or eluding.
20 322.34(6) 3rd Careless operation of motor
21 vehicle with suspended license,
22 resulting in death or serious
23 bodily injury.
24 327.30(5) 3rd Vessel accidents involving
25 personal injury; leaving scene.
26 381.0041(11)(b) 3rd Donate blood, plasma, or organs
27 knowing HIV positive.
28 790.01(2) 3rd Carrying a concealed firearm.
29 790.162 2nd Threat to throw or discharge
30 destructive device.
31 790.163 2nd False report of deadly explosive.
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HOUSE AMENDMENT
Bill No. HB 531 Barcode 051781
Amendment No. 1 (for drafter's use only)
1 790.165(2) 3rd Manufacture, sell, possess, or
2 deliver hoax bomb.
3 790.221(1) 2nd Possession of short-barreled
4 shotgun or machine gun.
5 790.23 2nd Felons in possession of firearms
6 or electronic weapons or devices.
7 800.04(6)(c) 3rd Lewd or lascivious conduct;
8 offender less than 18 years.
9 800.04(7)(c) 2nd Lewd or lascivious exhibition;
10 offender 18 years or older.
11 806.111(1) 3rd Possess, manufacture, or dispense
12 fire bomb with intent to damage
13 any structure or property.
14 812.019(1) 2nd Stolen property; dealing in or
15 trafficking in.
16 812.131(2)(b) 3rd Robbery by sudden snatching.
17 812.16(2) 3rd Owning, operating, or conducting
18 a chop shop.
19 817.034(4)(a)2. 2nd Communications fraud, value
20 $20,000 to $50,000.
21 817.625(2)(b) 2nd Second or subsequent fraudulent
22 use of scanning device or
23 reencoder.
24 825.1025(4) 3rd Lewd or lascivious exhibition in
25 the presence of an elderly person
26 or disabled adult.
27 827.071(4) 2nd Possess with intent to promote
28 any photographic material, motion
29 picture, etc., which includes
30 sexual conduct by a child.
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HOUSE AMENDMENT
Bill No. HB 531 Barcode 051781
Amendment No. 1 (for drafter's use only)
1 843.01 3rd Resist officer with violence to
2 person; resist arrest with
3 violence.
4 874.05(2) 2nd Encouraging or recruiting another
5 to join a criminal street gang;
6 second or subsequent offense.
7 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
8 cocaine (or other s.
9 893.03(1)(a), (1)(b), (1)(d),
10 (2)(a), (2)(b), or (2)(c)4.
11 drugs).
12 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
13 cannabis (or other s.
14 893.03(1)(c), (2)(c)1., (2)(c)2.,
15 (2)(c)3., (2)(c)5., (2)(c)6.,
16 (2)(c)7., (2)(c)8., (2)(c)9.,
17 (3), or (4) drugs) within 1,000
18 feet of a child care facility or
19 school.
20 893.13(1)(d)1. 1st Sell, manufacture, or deliver
21 cocaine (or other s.
22 893.03(1)(a), (1)(b), (1)(d),
23 (2)(a), (2)(b), or (2)(c)4.
24 drugs) within 200 feet of
25 university or public park.
26 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
27 cannabis or other drug prohibited
28 under s. 893.03(1)(c), (2)(c)1.,
29 (2)(c)2., (2)(c)3., (2)(c)5.,
30 (2)(c)6., (2)(c)7., (2)(c)8.,
31 (2)(c)9., (3), or (4) within
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HOUSE AMENDMENT
Bill No. HB 531 Barcode 051781
Amendment No. 1 (for drafter's use only)
1 1,000 feet of property used for
2 religious services or a specified
3 business site.
4 893.13(1)(f)1. 1st Sell, manufacture, or deliver
5 cocaine (or other s.
6 893.03(1)(a), (1)(b), (1)(d), or
7 (2)(a), (2)(b), or (2)(c)4.
8 drugs) within 200 feet of public
9 housing facility.
10 893.13(4)(b) 2nd Deliver to minor cannabis (or
11 other s. 893.03(1)(c), (2)(c)1.,
12 (2)(c)2., (2)(c)3., (2)(c)5.,
13 (2)(c)6., (2)(c)7., (2)(c)8.,
14 (2)(c)9., (3), or (4) drugs).
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17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 On page 1, line 9, after the semicolon,
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21 insert:
22 creating s. 817.625, F.S.; providing
23 definitions; prohibiting the use of a scanning
24 device to access, read, obtain, memorize, or
25 store information encoded on a payment card
26 without the permission of, and with intent to
27 defraud, the authorized user of the payment
28 card; prohibiting the use of a reencoder to
29 place information onto a payment card without
30 the permission of, and with intent to defraud,
31 the authorized user of the payment card;
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HOUSE AMENDMENT
Bill No. HB 531 Barcode 051781
Amendment No. 1 (for drafter's use only)
1 providing a penalty; providing an enhanced
2 penalty for a second or subsequent violation of
3 the act; subjecting certain violations to the
4 Florida Contraband Forfeiture Act; amending s.
5 921.0022, F.S., relating to the Criminal
6 Punishment Code; conforming the offense
7 severity ranking chart to changes made by the
8 act;
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