Florida Senate - 2016                                     SB 218
       By Senator Hutson
       6-00231-16                                             2016218__
    1                        A bill to be entitled                      
    2         An act relating to offenses involving electronic
    3         benefits transfer cards; amending s. 414.39, F.S.;
    4         specifying acts that constitute trafficking in food
    5         assistance benefits cards and are subject to criminal
    6         penalties; providing criminal penalties; reenacting s.
    7         921.0022(3)(a), F.S., relating to level 1 of the
    8         offense severity ranking chart, to incorporate the
    9         amendment made to s. 414.39, F.S., in a reference
   10         thereto; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Subsection (2) of section 414.39, Florida
   15  Statutes, is amended to read:
   16         414.39 Fraud.—
   17         (2)(a) Any person who knowingly:
   18         1.(a) Uses, transfers, acquires, traffics, alters, forges,
   19  or possesses;
   20         2.(b) Attempts to use, transfer, acquire, traffic, alter,
   21  forge, or possess; or
   22         3.(c) Aids and abets another person in the use, transfer,
   23  acquisition, traffic, alteration, forgery, or possession of,
   25  a food assistance identification card, an authorization,
   26  including, but not limited to, an electronic authorization, for
   27  the expenditure of food assistance benefits, a certificate of
   28  eligibility for medical services, or a Medicaid identification
   29  card in any manner not authorized by law commits a crime and
   30  shall be punished as provided in subsection (5).
   31         (b) As used in this subsection, the term “traffic”
   32  includes:
   33         1. Buying, selling, stealing, or otherwise effecting an
   34  exchange of food assistance benefits issued and accessed via
   35  electronic benefits transfer (EBT) cards, electronic benefits
   36  transfer (EBT) card numbers and personal identification numbers
   37  (PINs), or by manual voucher and signature, for cash or
   38  consideration other than eligible food, either directly,
   39  indirectly, in complicity or collusion with others, or acting
   40  alone;
   41         2. Attempting to buy, sell, steal, or otherwise effect an
   42  exchange of food assistance benefits issued and accessed via
   43  electronic benefits transfer (EBT) cards, electronic benefits
   44  transfer (EBT) card numbers and personal identification numbers
   45  (PINs), or by manual voucher and signature, for cash or
   46  consideration other than eligible food, either directly,
   47  indirectly, in complicity or collusion with others, or acting
   48  alone;
   49         3. Exchanging firearms, ammunition, explosives, or
   50  controlled substances, as defined in s. 893.02, for food
   51  assistance benefits;
   52         4. Purchasing with food assistance benefits a product with
   53  the intent of obtaining cash or consideration other than
   54  eligible food by reselling the product, and subsequently
   55  intentionally reselling the product purchased with food
   56  assistance benefits in exchange for cash or consideration other
   57  than eligible food; or
   58         5. Intentionally purchasing products originally purchased
   59  with food assistance benefits in exchange for cash or
   60  consideration other than eligible food.
   61         (c) Any person who has possession of two or more electronic
   62  benefits transfer (EBT) cards issued to other persons and who
   63  sells or attempts to sell one or more of these cards commits a
   64  felony of the third degree, punishable as provided in s.
   65  775.082, s. 775.083, or s. 775.084 and by a mandatory sentence
   66  of 6 months of community service with a nonprofit entity that
   67  services the community with food distribution for the needy.
   68         Section 2. For the purpose of incorporating the amendment
   69  made by this act to section 414.39, Florida Statutes, in a
   70  reference thereto, paragraph (a) of subsection (3) of section
   71  921.0022, Florida Statutes, is reenacted to read:
   72         921.0022 Criminal Punishment Code; offense severity ranking
   73  chart.—
   75         (a) LEVEL 1
   77  FloridaStatute          FelonyDegree          Description          
   78  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
   79  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
   80  212.15(2)(b)                3rd     Failure to remit sales taxes, amount greater than $300 but less than $20,000.
   81  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
   82  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
   83  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
   84  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
   85  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
   86  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
   87  322.212(5)(a)               3rd     False application for driver license or identification card.
   88  414.39(2)                   3rd     Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
   89  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
   90  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
   91  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value greater than $300.
   92  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
   93  562.27(1)                   3rd     Possess still or still apparatus.
   94  713.69                      3rd     Tenant removes property upon which lien has accrued, value more than $50.
   95  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
   96  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
   97  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
   98  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
   99  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
  100  826.01                      3rd     Bigamy.                        
  101  828.122(3)                  3rd     Fighting or baiting animals.   
  102  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  103  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  104  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
  105  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  106  838.15(2)                   3rd     Commercial bribe receiving.    
  107  838.16                      3rd     Commercial bribery.            
  108  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
  109  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  110  849.01                      3rd     Keeping gambling house.        
  111  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  112  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
  113  849.25(2)                   3rd     Engaging in bookmaking.        
  114  860.08                      3rd     Interfere with a railroad signal.
  115  860.13(1)(a)                3rd     Operate aircraft while under the influence.
  116  893.13(2)(a)2.              3rd     Purchase of cannabis.          
  117  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
  118  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
  119         Section 3. This act shall take effect October 1, 2016.