Florida Senate - 2016 CS for SB 912
By the Committee on Criminal Justice; and Senator Flores
591-02542-16 2016912c1
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.;
6 specifying requirements for managers of petroleum fuel
7 measuring devices with respect to accurate
8 measurement; requiring retail petroleum fuel measuring
9 devices fitted with scanning devices to have certain
10 security measures; providing requirements for such
11 measures; requiring the owner or operator of a device
12 to have certain security measures in place within a
13 specified timeframe upon notice from the Department of
14 Agriculture and Consumer Services; authorizing the
15 department, under certain circumstances, to prohibit
16 use of or to remove from service such devices that are
17 noncompliant; defining terms; providing applicability;
18 requiring the Department of Agriculture and Consumer
19 Services to enforce provisions; providing for
20 rulemaking; amending s. 817.611, F.S.; reducing the
21 number of counterfeit credit cards that a person can
22 be in possession of to qualify as unlawful; amending
23 s. 921.0022, F.S.; ranking unlawful conveyance or
24 fraudulent acquisition of fuel as a level 5 offense;
25 ranking trafficking in or possession of counterfeit
26 credit cards as a level 5 offense; providing an
27 effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsection (2) of section 316.80, Florida
32 Statutes, is amended to read:
33 316.80 Unlawful conveyance of fuel; obtaining fuel
34 fraudulently.—
35 (2) A Any person who violates subsection (1) commits a
36 felony of the second third degree, punishable as provided in s.
37 775.082, s. 775.083, or s. 775.084, if he or she has attempted
38 to or has fraudulently obtained motor or diesel fuel by:
39 (a) Presenting a credit card or a credit card account
40 number in violation of ss. 817.57-817.685;
41 (b) Using unauthorized access to any computer network in
42 violation of s. 815.06; or
43 (c) Using a fraudulently scanned or lost or stolen payment
44 access device, whether credit card or contactless device.
45 Section 2. Subsections (3) and (4) of section 525.07,
46 Florida Statutes, are amended, and subsection (10) is added to
47 that section, to read:
48 525.07 Powers and duties of department; inspections;
49 unlawful acts.—
50 (3) Each person who owns or manages All persons who own or
51 operate a petroleum fuel measuring device shall be responsible
52 for ensuring accurate measure by the device within the
53 tolerances defined by the rule. An appropriate security seal
54 shall be placed on all measuring devices found to be giving
55 accurate measure within the tolerances defined by the department
56 in such a way that the metering adjustment cannot be changed
57 without breaking the seal.
58 (4) A Any measuring device that is found to be operating
59 outside the tolerances defined by the department shall be deemed
60 inaccurate and the department, at its discretion, shall either:
61 (a) Give, in writing, the operator or owner or manager of
62 the measuring device a reasonable time to repair the measuring
63 device; or
64 (b) Condemn or prohibit the further use of the measuring
65 device by using an appropriate security seal to obstruct the
66 mechanism so that it cannot be operated without breaking the
67 seal. The measuring device shall not be operated in this state
68 again without the written consent of the department.
69 (10)(a) Each person who owns or manages a retail petroleum
70 fuel measuring device shall have affixed to or installed onto
71 the measuring device a security measure to restrict the
72 unauthorized access of customer payment card information. The
73 security measure must include one or more of the following:
74 1. The placement of pressure-sensitive security tape over
75 the panel opening that leads to the scanning device for the
76 retail petroleum fuel measuring device in a manner that will
77 restrict the unauthorized opening of the panel.
78 2. A device or system that will render the retail petroleum
79 fuel measuring device or the scanning device in the measuring
80 device inoperable if there is an unauthorized opening of the
81 panel.
82 3. A device or system that encrypts the customer payment
83 card information in the scanning device.
84 4. Another security measure approved by the department.
85 (b) The owner or manager of a retail petroleum fuel
86 measuring device without a security measure or with an altered
87 or damaged security measure, upon written notice from the
88 department of such noncompliance, shall have 5 calendar days to
89 comply with this subsection. After the fifth day of
90 noncompliance, the department may prohibit further use of the
91 retail petroleum fuel measuring device until a security measure
92 is installed, replaced, or repaired. A repeat violation found on
93 the same retail petroleum fuel measuring device will be cause
94 for the department to immediately take the measuring device out
95 of service.
96 (c) For purposes of this subsection, the terms “scanning
97 device” and “payment card” have the same meanings as defined in
98 s. 817.625.
99 (d) This subsection applies only to retail petroleum fuel
100 measuring devices that have a scanning device.
101 Section 3. Section 817.611, Florida Statutes, is amended to
102 read:
103 817.611 Traffic in or possess counterfeit credit cards.—Any
104 person who traffics in, or attempts to traffic in, or possesses
105 5 10 or more counterfeit credit cards, invoices, vouchers, sales
106 drafts, or other representations or manifestations of
107 counterfeit credit cards, or credit card account numbers of
108 another in any 6-month period is guilty of a felony of the
109 second degree, punishable as provided in s. 775.082, s. 775.083,
110 or s. 775.084.
111 Section 4. Paragraph (e) of subsection (3) of section
112 921.0022, Florida Statutes, is amended to read:
113 921.0022 Criminal Punishment Code; offense severity ranking
114 chart.—
115 (3) OFFENSE SEVERITY RANKING CHART
116 (e) LEVEL 5
117
118 FloridaStatute FelonyDegree Description
119 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
120 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
121
122 316.80(2) 2nd Unlawful conveyance; obtaining fuel fraudulently.
123
124 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
125
126 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
127 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
128 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
129 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
130 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
131 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
132 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
133 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
134 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
135 790.01(2) 3rd Carrying a concealed firearm.
136 790.162 2nd Threat to throw or discharge destructive device.
137 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
138 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
139 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
140 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
141 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
142 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
143 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
144 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
145 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
146 812.019(1) 2nd Stolen property; dealing in or trafficking in.
147 812.131(2)(b) 3rd Robbery by sudden snatching.
148 812.16(2) 3rd Owning, operating, or conducting a chop shop.
149 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
150 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
151 817.2341(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.
152
153 817.568(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.
154 817.611 2nd Traffic in or possess counterfeit credit cards.
155
156 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
157 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
158 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
159 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
160 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
161 843.01 3rd Resist officer with violence to person; resist arrest with violence.
162 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
163 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
164 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
165 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
166 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
167 893.13(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).
168 893.13(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.
169 893.13(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.
170 893.13(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.
171 893.13(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.
172 893.13(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).
173 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
174
175 Section 5. This act shall take effect October 1, 2016.