Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for SB 218
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/RM         .         Floor: SENAT/C         
             03/10/2016 10:55 AM       .      03/10/2016 04:51 PM       
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       Senator Hutson moved the following:
       
    1         Senate Amendment to House Amendment (381087) (with title
    2  amendment)
    3  
    4         Delete lines 22 - 49
    5  and insert:
    6         (b) As used in this subsection, the term “traffic”
    7  includes:
    8         1. Buying, selling, stealing, or otherwise effecting an
    9  exchange of food assistance benefits issued and accessed via
   10  electronic benefits transfer (EBT) cards, electronic benefits
   11  transfer (EBT) card numbers and personal identification numbers
   12  (PINs), or by manual voucher and signature, for cash or
   13  consideration other than eligible food, either directly,
   14  indirectly, in complicity or collusion with others, or acting
   15  alone;
   16         2. Attempting to buy, sell, steal, or otherwise effect an
   17  exchange of food assistance benefits issued and accessed via
   18  electronic benefits transfer (EBT) cards, electronic benefits
   19  transfer (EBT) card numbers and personal identification numbers
   20  (PINs), or by manual voucher and signature, for cash or
   21  consideration other than eligible food, either directly,
   22  indirectly, in complicity or collusion with others, or acting
   23  alone;
   24         3. Exchanging firearms, ammunition, explosives, or
   25  controlled substances, as defined in s. 893.02, for food
   26  assistance benefits;
   27         4. Purchasing with food assistance benefits a product with
   28  the intent of obtaining cash or consideration other than
   29  eligible food by reselling the product, and subsequently
   30  intentionally reselling the product purchased with food
   31  assistance benefits in exchange for cash or consideration other
   32  than eligible food; or
   33         5. Intentionally purchasing products originally purchased
   34  with food assistance benefits in exchange for cash or
   35  consideration other than eligible food.
   36         (c) Any person who has possession of two or more electronic
   37  benefits transfer (EBT) cards issued to other persons and who
   38  sells or attempts to sell one or more of these cards commits a
   39  misdemeanor of the first degree, punishable as provided in s.
   40  775.082 or s. 775.083. A second or subsequent violation of this
   41  paragraph constitutes a felony of the third degree, punishable
   42  as provided in s. 775.082, s. 775.083, or s. 775.084.
   43         (d) In addition to any other penalty, a person who commits
   44  a violation of paragraph (c) shall be ordered by the court to
   45  serve at least 20 hours of community service. If the court
   46  determines that the community service can be performed at a
   47  nonprofit entity that provides the community with food services
   48  for the needy, the court shall order that the community service
   49  be performed at such an entity.
   50  
   51  ================= T I T L E  A M E N D M E N T ================
   52  And the title is amended as follows:
   53         Delete lines 329 - 336
   54  and insert:
   55         An act relating to offenses involving electronic
   56         benefits transfer cards; amending s. 414.39, F.S.;
   57         specifying acts that constitute trafficking in food
   58         assistance benefits cards and are subject to criminal
   59         penalties; providing criminal penalties; amending s.
   60         921.0022, F.S.; deleting a