Florida Senate - 2017 SB 766
By Senator Rodriguez
1 A bill to be entitled
2 An act relating to payment card offenses; amending s.
3 817.625, F.S.; revising definitions; revising
4 terminology; prohibiting the possession of a scanning
5 device with intent to defraud; providing criminal
6 penalties; specifying prima facie evidence of intent
7 to defraud; reenacting ss. 525.07(10)(c) and
8 921.0022(3)(d), F.S., relating to the definition of
9 the term “scanning device” and level 4 of the offense
10 severity ranking chart, respectively, to incorporate
11 the amendment made to s. 817.625, F.S., in references
12 thereto; providing an effective date.
14 Be It Enacted by the Legislature of the State of Florida:
16 Section 1. Section 817.625, Florida Statutes, is amended to
18 817.625 Use of scanning device or reencoder to defraud;
19 possession of scanning device; penalties.—
20 (1) As used in this section, the term:
21 (a) “Scanning device” means a scanner, reader, or any other
22 electronic device that may be
is used to access, read, scan,
23 obtain, memorize, or store, temporarily or permanently,
24 information encoded on the computer chip, magnetic strip or
25 stripe, or other storage mechanism of a payment card, or from
26 another device that directly reads the information from the
28 (b) “Reencoder” means an electronic device that places
29 encoded information from the computer chip, magnetic strip or
30 stripe, or other storage mechanism of a payment card onto the
31 computer chip, magnetic strip or stripe, or other storage
32 mechanism of a different payment card.
33 (c) “Payment card” means a credit card, charge card, debit
34 card, or any other card that is issued to an authorized card
35 user and that allows the user to obtain, purchase, or receive
36 goods, services, money, or anything else of value from a
38 (d) “Merchant” means a person who receives from an
39 authorized user of a payment card, or someone the person
40 believes to be an authorized user, a payment card or information
41 from a payment card, or what the person believes to be a payment
42 card or information from a payment card, as the instrument for
43 obtaining, purchasing, or receiving goods, services, money, or
44 anything else of value from the person.
45 (2)(a) It is a felony of the third degree, punishable as
46 provided in s. 775.082, s. 775.083, or s. 775.084, for a person
47 to use:
48 1. A scanning device to access, read, obtain, memorize, or
49 store, temporarily or permanently, information encoded on the
50 computer chip, magnetic strip or stripe, or other storage
51 mechanism of a payment card without the permission of the
52 authorized user of the payment card and with the intent to
53 defraud the authorized user, the issuer of the authorized user’s
54 payment card, or a merchant.
55 2. A reencoder to place information encoded on the computer
56 chip, magnetic strip or stripe, or other storage mechanism of a
57 payment card onto the computer chip, magnetic strip or stripe,
58 or other storage mechanism of a different card without the
59 permission of the authorized user of the card from which the
60 information is being reencoded and with the intent to defraud
61 the authorized user, the issuer of the authorized user’s payment
62 card, or a merchant.
63 (b) Any person who violates subparagraph (a)1. or
64 subparagraph (a)2. a second or subsequent time commits a felony
65 of the second degree, punishable as provided in s. 775.082, s.
66 775.083, or s. 775.084.
67 (3)(a) A person who possesses, sells, or delivers a
68 scanning device knowingly and with the intent to defraud an
69 authorized user of a payment card, the issuer of a payment card,
70 or a merchant commits a felony of the third degree, punishable
71 as provided in s. 775.082, s. 775.083, or s. 775.084.
72 (b)1. For the purposes of this subsection, it shall be
73 prima facie evidence of knowledge and intent to defraud if the
74 person possessing the scanning device is not:
75 a. A law enforcement officer, an authorized representative
76 of a law enforcement officer, an officer of the Department of
77 Agriculture and Consumer Services, a state attorney, a financial
78 security investigator employed by a merchant or financial
79 institution, or an authorized vendor to any of the
80 aforementioned authorized investigative agencies.
81 b. A person lawfully reporting the scanning device to a law
82 enforcement officer, an officer of the Department of Agriculture
83 and Consumer Services, a state attorney, a financial security
84 investigator employed by a merchant or financial institution, or
85 an authorized vendor to any of the aforementioned authorized
86 investigative agencies.
87 2. Once prima facie evidence of knowledge and the intent to
88 defraud has been established, no additional identification of
89 payment card data, payment card users, payment card issuers, or
90 payment card merchants is required.
91 (4) (c) Any person who violates subparagraph (2)(a)1., (a)1.
92 or subparagraph (2)(a)2., or subsection (3) (a)2. shall also be
93 subject to the provisions of ss. 932.701-932.7062.
94 Section 2. For the purpose of incorporating the amendment
95 made by this act to section 817.625, Florida Statutes, in a
96 reference thereto, paragraph (c) of subsection (10) of section
97 525.07, Florida Statutes, is reenacted to read:
98 525.07 Powers and duties of department; inspections;
99 unlawful acts.—
101 (c) For purposes of this subsection, the terms “scanning
102 device” and “payment card” have the same meanings as defined in
103 s. 817.625.
104 Section 3. For the purpose of incorporating the amendment
105 made by this act to section 817.625, Florida Statutes, in a
106 reference thereto, paragraph (d) of subsection (3) of section
107 921.0022, Florida Statutes, is reenacted to read:
108 921.0022 Criminal Punishment Code; offense severity ranking
110 (3) OFFENSE SEVERITY RANKING CHART
111 (d) LEVEL 4
113 FloridaStatute FelonyDegree Description
114 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
115 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
116 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
117 517.07(1) 3rd Failure to register securities.
118 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
119 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
120 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
121 784.075 3rd Battery on detention or commitment facility staff.
122 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
123 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
124 784.081(3) 3rd Battery on specified official or employee.
125 784.082(3) 3rd Battery by detained person on visitor or other detainee.
126 784.083(3) 3rd Battery on code inspector.
127 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
128 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
129 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
130 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
131 787.07 3rd Human smuggling.
132 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
133 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
134 790.115(2)(c) 3rd Possessing firearm on school property.
135 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
136 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
137 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
138 810.06 3rd Burglary; possession of tools.
139 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
140 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
141 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
142 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
143 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
144 817.568(2)(a) 3rd Fraudulent use of personal identification information.
145 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
146 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
147 837.02(1) 3rd Perjury in official proceedings.
148 837.021(1) 3rd Make contradictory statements in official proceedings.
149 838.022 3rd Official misconduct.
150 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
151 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
152 843.021 3rd Possession of a concealed handcuff key by a person in custody.
153 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
154 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
155 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
156 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
157 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
158 914.14(2) 3rd Witnesses accepting bribes.
159 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
160 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
161 918.12 3rd Tampering with jurors.
162 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
163 Section 4. This act shall take effect July 1, 2017.