CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 757

    Amendment No. 008 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Transportation offered the following:

12

13         Amendment (with title amendment) 

14         On page 53, of the bill between lines 8 and 9 insert,

15         Section 1.  Section 316.80, Florida Statutes, is

16  created to read:

17         316.80 unlawful conveyance of fuel obtaining fuel

18  fraudulently.--

19         (1)  It is unlawful for any person to maintain, or

20  possess any conveyance or vehicle which is equipped with, fuel

21  tanks, bladders, drums, or other containers, that do not

22  conform to 49 CFR or have not been approved by the U.S.

23  Department of Transportation for the purpose of hauling,

24  transporting, or conveying motor or diesel fuel over any of

25  the public highways.  Any person who violates any provision of

26  the section is guilty of a felony of the third degree,

27  punishable as provided in s. 775.082, s. 775.083, and s.

28  775.084; and in addition, is subject to the revocation of

29  driver's license privileges as provided in s. 322.26.

30         (2)  The person committing the offense of section (1)

31  shall be guilty of a felony of the second degree, punishable

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    File original & 9 copies    01/30/02
    htr0002                     02:16 pm         00757-tr  -461021




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 757

    Amendment No. 008 (for drafter's use only)





  1  as provided in s. 775.082, s. 775.083, and s. 775.084 if he

  2  has attempted to or has fraudulently obtained motor or diesel

  3  fuel, by:

  4         (a) presenting a credit card or a credit card account

  5  number, in violation of s. 817.57 - 817.685,

  6         (b) using unauthorized access to any computer network,

  7  in violation of s. 815.06, or

  8         (c) using a fraudulently scanned, or lost, or stolen

  9  payment access device, whether credit card or contactless

10  device.

11         (3)  All conveyances or vehicles, fuel tanks, related

12  fuel, and other equipment described in section (1) shall be

13  subject to seizure and forfeiture, as provided by the Florida

14  Contraband Forfeiture Act.

15         (4)  The law enforcement agency that seized the motor

16  or diesel fuel, under this section, shall remove and reclaim,

17  recycle, or dispose of all associated motor or diesel fuel as

18  soon as practical in a safe and proper manner from illegal

19  containers.

20         (5)  Upon conviction of the person arrested for the

21  violation of any of the provisions, the judge shall issue an

22  order adjudging and declaring that all fuel tanks and other

23  equipment used in violation of this section shall be

24  forfeited, and directing its destruction, with the exception

25  of the conveyance of vehicle.

26         (6)  Any person convicted under this section, shall be

27  responsible for:

28         (a) all reasonable costs, incurred by the investigating

29  law enforcement agency, including the towing and storage of

30  the conveyance or vehicle, and the removal and disposal of the

31  motor or diesel fuel, and the storage and destruction of all

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    File original & 9 copies    01/30/02
    htr0002                     02:16 pm         00757-tr  -461021




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 757

    Amendment No. 008 (for drafter's use only)





  1  fuel tanks and other equipment described and used in violation

  2  of section (1), and

  3         (b) payment for the fuel to the party from whom any

  4  associated motor or diesel fuel was fraudulently obtained.

  5

  6  insert:

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  8

  9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 4, line 1, after the semicolon:

12

13  and insert:

14         creating s. 316.80, F.S.; establishing

15         penalties for persons who transport motor fuel

16         in unlawful containers; establishing penalties

17         for use of stolen or illegal payment-access

18         devices; providing for forfeiture; providing

19         other penalties;

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    File original & 9 copies    01/30/02
    htr0002                     02:16 pm         00757-tr  -461021