Florida Senate - 2016                                     SB 912
       By Senator Flores
       37-00674C-16                                           2016912__
    1                        A bill to be entitled                      
    2         An act relating to fraudulent activities associated
    3         with payment systems; amending s. 316.80, F.S.;
    4         revising the felony classification for unlawful
    5         conveyance of fuel; amending s. 525.07, F.S; requiring
    6         retail petroleum fuel measuring devices fitted with
    7         scanning devices to have certain security measures;
    8         providing requirements for such measures; requiring
    9         the owner or operator of a device to have certain
   10         security measures in place within a specified
   11         timeframe upon notice from the Department of
   12         Agriculture and Consumer Services; authorizing the
   13         department, under certain circumstances, to prohibit
   14         use of or to remove from service such devices that are
   15         noncompliant; defining terms; providing applicability;
   16         requiring the Department of Agriculture and Consumer
   17         Services to enforce provisions; providing for
   18         rulemaking; amending s. 817.611, F.S.; reducing the
   19         number of counterfeit credit cards that a person can
   20         be in possession of to qualify as unlawful; amending
   21         s. 921.0022, F.S.; ranking unlawful conveyance or
   22         fraudulent acquisition of fuel as a level 5 offense;
   23         ranking trafficking in or possession of counterfeit
   24         credit cards as a level 5 offense; providing an
   25         effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Subsection (2) of section 316.80, Florida
   30  Statutes, is amended to read:
   31         316.80 Unlawful conveyance of fuel; obtaining fuel
   32  fraudulently.—
   33         (2) A Any person who violates subsection (1) commits a
   34  felony of the second third degree, punishable as provided in s.
   35  775.082, s. 775.083, or s. 775.084, if he or she has attempted
   36  to or has fraudulently obtained motor or diesel fuel by:
   37         (a) Presenting a credit card or a credit card account
   38  number in violation of ss. 817.57-817.685;
   39         (b) Using unauthorized access to any computer network in
   40  violation of s. 815.06; or
   41         (c) Using a fraudulently scanned or lost or stolen payment
   42  access device, whether credit card or contactless device.
   43         Section 2. Subsection (10) is added to section 525.07,
   44  Florida Statutes, to read:
   45         525.07 Powers and duties of department; inspections;
   46  unlawful acts.—
   47         (10)(a)A person who owns or operates a retail petroleum
   48  fuel measuring device shall have affixed to the measuring device
   49  a security measure to hinder or prohibit the unauthorized access
   50  of customer payment card information. At a minimum, such
   51  security measure must include the placement of pressure
   52  sensitive security tape over the panel opening that leads to the
   53  scanning device for the retail petroleum fuel measuring device
   54  in a manner that will hinder or prohibit the unauthorized
   55  opening of the panel. The owner or operator of a device without
   56  a security measure, upon notice from the department of such
   57  noncompliance, shall have 5 days to comply with this subsection.
   58  After the fifth day of noncompliance, the department may
   59  prohibit further use of the retail petroleum fuel measuring
   60  device until a security measure is installed. A repeat violation
   61  found on the same retail petroleum fuel measuring device will be
   62  cause for the department to immediately take the measuring
   63  device out of service.
   64         (b) For purposes of this subsection, the terms “scanning
   65  device” and “payment card” have the same meanings as defined in
   66  s. 817.625.
   67         (c) This subsection only applies to retail petroleum fuel
   68  measuring devices that have a scanning device.
   69         (d) The Department of Agriculture and Consumer Services
   70  shall enforce, and may adopt rules to implement, this
   71  subsection.
   72         Section 3. Section 817.611, Florida Statutes, is amended to
   73  read:
   74         817.611 Traffic in or possess counterfeit credit cards.—Any
   75  person who traffics in, or attempts to traffic in, or possesses
   76  5 10 or more counterfeit credit cards, invoices, vouchers, sales
   77  drafts, or other representations or manifestations of
   78  counterfeit credit cards, or credit card account numbers of
   79  another in any 6-month period is guilty of a felony of the
   80  second degree, punishable as provided in s. 775.082, s. 775.083,
   81  or s. 775.084.
   82         Section 4. Paragraph (e) of subsection (3) of section
   83  921.0022, Florida Statutes, is amended to read:
   84         921.0022 Criminal Punishment Code; offense severity ranking
   85  chart.—
   87         (e) LEVEL 5
   89  FloridaStatute              FelonyDegree        Description        
   90  316.027(2)(a)                    3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
   91  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
   93  316.80(2)                        2nd     Unlawful conveyance; obtaining fuel fraudulently.
   95  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
   97  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
   98  379.367(4)                       3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
   99  379.3671 (2)(c)3.                3rd     Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  100  381.0041(11)(b)                  3rd     Donate blood, plasma, or organs knowing HIV positive.
  101  440.10(1)(g)                     2nd     Failure to obtain workers’ compensation coverage.
  102  440.105(5)                       2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  103  440.381(2)                       2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  104  624.401(4)(b)2.                  2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  105  626.902(1)(c)                    2nd     Representing an unauthorized insurer; repeat offender.
  106  790.01(2)                        3rd     Carrying a concealed firearm.
  107  790.162                          2nd     Threat to throw or discharge destructive device.
  108  790.163(1)                       2nd     False report of deadly explosive or weapon of mass destruction.
  109  790.221(1)                       2nd     Possession of short-barreled shotgun or machine gun.
  110  790.23                           2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  111  796.05(1)                        2nd     Live on earnings of a prostitute; 1st offense.
  112  800.04(6)(c)                     3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  113  800.04(7)(b)                     2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  114  806.111(1)                       3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  115  812.0145(2)(b)                   2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  116  812.015(8)                       3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  117  812.019(1)                       2nd     Stolen property; dealing in or trafficking in.
  118  812.131(2)(b)                    3rd     Robbery by sudden snatching.
  119  812.16(2)                        3rd     Owning, operating, or conducting a chop shop.
  120  817.034(4)(a)2.                  2nd     Communications fraud, value $20,000 to $50,000.
  121  817.234(11)(b)                   2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  122  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.
  124  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.
  125  817.611                          2nd     Traffic in or possess counterfeit credit cards.
  127  817.625(2)(b)                    2nd     Second or subsequent fraudulent use of scanning device or reencoder.
  128  825.1025(4)                      3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  129  827.071(4)                       2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  130  827.071(5)                       3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  131  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.
  132  843.01                           3rd     Resist officer with violence to person; resist arrest with violence.
  133  847.0135(5)(b)                   2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  134  847.0137 (2) & (3)               3rd     Transmission of pornography by electronic device or equipment.
  135  847.0138 (2) & (3)               3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  136  874.05(1)(b)                     2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  137  874.05(2)(a)                     2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  138  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).
  139  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.
  140  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.
  141  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.
  142  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.
  143  893.13(4)(b)                     2nd     Deliver to minor 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).
  144  893.1351(1)                      3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  146         Section 5. This act shall take effect October 1, 2016.