Bill Text: FL S0742 | 2020 | Regular Session | Introduced
Bill Title: Fraudulent Practices
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Criminal Justice [S0742 Detail]
Download: Florida-2020-S0742-Introduced.html
Florida Senate - 2020 SB 742
By Senator Berman
31-00924B-20 2020742__
1 A bill to be entitled
2 An act relating to fraudulent practices; amending s.
3 817.58, F.S.; redefining the terms “cardholder,”
4 “credit card,” and “expired credit card”; amending s.
5 817.60, F.S.; providing applicability; conforming
6 terminology; amending s. 817.625, F.S.; deleting the
7 term “payment card”; conforming terminology; amending
8 s. 525.07, F.S.; conforming provisions to changes made
9 by the act; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsections (2), (4), and (5) of section 817.58,
14 Florida Statutes, are amended to read:
15 817.58 Definitions.—As used in ss. 817.57-817.685:
16 (2) “Cardholder” means the person or organization named on
17 the face of a credit card to whom or for whose benefit the
18 credit card is issued by an issuer, or any other authorized card
19 user.
20 (4) “Credit card” means any instrument or device, whether
21 known as a credit card, credit plate, bank service card, banking
22 card, check guarantee card, electronic benefits transfer (EBT)
23 card, or debit card, or gift certificate or by any other name,
24 issued with or without fee by an issuer for the use of the
25 cardholder in obtaining money, goods, services, or anything else
26 of value on credit or for use in an automated banking device to
27 obtain any of the services offered through the device.
28 (5) “Expired credit card” means a credit card that which is
29 no longer valid because the term shown on it, if any, has
30 elapsed.
31 Section 2. Subsections (3), (5), and (8) of section 817.60,
32 Florida Statutes, are amended to read:
33 817.60 Theft; obtaining credit card through fraudulent
34 means.—
35 (3) PURCHASE OR SALE OF CREDIT CARD OF ANOTHER.—A person
36 other than the issuer who sells a credit card or a person who
37 buys a credit card from a person other than the issuer violates
38 this subsection and is subject to the penalties set forth in s.
39 817.67(1). However, it is not unlawful under this subsection for
40 a person other than the issuer to purchase or sell a gift
41 certificate, as defined in s. 501.95.
42 (5) DEALING IN CREDIT CARDS OF ANOTHER.—A person other than
43 the issuer who, during any 12-month period, receives two or more
44 credit cards that issued in the name or names of different
45 cardholders, which cards he or she has reason to know were taken
46 or retained under circumstances that which constitute credit
47 card theft or a violation of this part, violates this subsection
48 and is subject to the penalties set forth in s. 817.67(2).
49 (8) UNLAWFUL POSSESSION OF A STOLEN CREDIT OR DEBIT CARD.—A
50 person who knowingly possesses, receives, or retains custody of
51 a credit or debit card that has been taken from the possession,
52 custody, or control of another without the cardholder’s consent
53 and with the intent to impede the recovery of the credit or
54 debit card by the cardholder commits unlawful possession of a
55 stolen credit or debit card and is subject to the penalties set
56 forth in s. 817.67(2). It is not a violation of this subsection
57 for a retailer or retail employee, in the ordinary course of
58 business, to possess, receive, or return a credit card or debit
59 card that the retailer or retail employee does not know was
60 stolen or to possess, receive, or retain a credit card or debit
61 card that the retailer or retail employee knows is stolen for
62 the purpose of an investigation into the circumstances regarding
63 the theft of the card or its possible unlawful use.
64 Section 3. Subsection (1) and paragraph (a) of subsection
65 (2) of section 817.625, Florida Statutes, are amended, and
66 paragraph (b) of subsection (2) of that section is republished,
67 to read:
68 817.625 Use of scanning device, skimming device, or
69 reencoder to defraud; possession of skimming device; penalties.—
70 (1) As used in this section, the term:
71 (a) “Merchant” means a person who receives from an
72 authorized user of a credit payment card, or someone the person
73 believes to be an authorized user, a credit payment card or
74 information from a credit payment card, or what the person
75 believes to be a credit payment card or information from a
76 credit payment card, as the instrument for obtaining,
77 purchasing, or receiving goods, services, money, or anything
78 else of value from the person.
79 (b) “Payment card” means a credit card, charge card, debit
80 card, or any other card that is issued to an authorized card
81 user and that allows the user to obtain, purchase, or receive
82 goods, services, money, or anything else of value from a
83 merchant.
84 (c) “Reencoder” means an electronic device that places
85 encoded information from the computer chip, magnetic strip or
86 stripe, or other storage mechanism of a credit payment card onto
87 the computer chip, magnetic strip or stripe, or other storage
88 mechanism of a different credit payment card. The term does not
89 include a skimming device.
90 (c)(d) “Scanning device” means a scanner, reader, or any
91 other electronic device that may be used to access, read, scan,
92 obtain, memorize, or store, temporarily or permanently,
93 information encoded on the computer chip, magnetic strip or
94 stripe, or other storage mechanism of a credit payment card or
95 from another device that directly reads the information from a
96 credit payment card. The term does not include a skimming
97 device.
98 (d)(e) “Skimming device” means a self-contained device
99 that:
100 1. Is designed to read and store in the device’s internal
101 memory information encoded on the computer chip, magnetic strip
102 or stripe, or other storage mechanism of a credit payment card
103 or from another device that directly reads the information from
104 a credit payment card; and
105 2. Is incapable of processing the credit payment card
106 information for the purpose of obtaining, purchasing, or
107 receiving goods, services, money, or anything else of value from
108 a merchant.
109 (2)(a) It is a felony of the third degree, punishable as
110 provided in s. 775.082, s. 775.083, or s. 775.084, for a person
111 to use:
112 1. A scanning device or skimming device to access, read,
113 obtain, memorize, or store, temporarily or permanently,
114 information encoded on the computer chip, magnetic strip or
115 stripe, or other storage mechanism of a credit payment card
116 without the permission of the authorized user of the credit
117 payment card and with the intent to defraud the authorized user,
118 the issuer of the authorized user’s credit payment card, or a
119 merchant.
120 2. A reencoder to place information encoded on the computer
121 chip, magnetic strip or stripe, or other storage mechanism of a
122 credit payment card onto the computer chip, magnetic strip or
123 stripe, or other storage mechanism of a different card without
124 the permission of the authorized user of the card from which the
125 information is being reencoded and with the intent to defraud
126 the authorized user, the issuer of the authorized user’s credit
127 payment card, or a merchant.
128 (b) A person who violates subparagraph (a)1. or
129 subparagraph (a)2. a second or subsequent time commits a felony
130 of the second degree, punishable as provided in s. 775.082, s.
131 775.083, or s. 775.084.
132 Section 4. Paragraphs (a), (c), and (e) of subsection (10)
133 of section 525.07, Florida Statutes, are amended to read:
134 525.07 Powers and duties of department; inspections;
135 unlawful acts.—
136 (10)(a) Each person who owns or manages a retail petroleum
137 fuel measuring device shall have affixed to or installed onto
138 the measuring device a security measure to restrict the
139 unauthorized access of customer credit payment card information.
140 The security measure must include one or more of the following:
141 1. The placement of pressure-sensitive security tape over
142 the panel opening that leads to the scanning device for the
143 retail petroleum fuel measuring device in a manner that will
144 restrict the unauthorized opening of the panel.
145 2. A device or system that will render the retail petroleum
146 fuel measuring device or the scanning device in the measuring
147 device inoperable if there is an unauthorized opening of the
148 panel.
149 3. A device or system that encrypts the customer credit
150 payment card information in the scanning device.
151 4. Another security measure approved by the department.
152 (c) For purposes of this subsection, the term: terms
153 1. “Credit card” has the same meaning as in s. 817.58.
154 2. “Scanning device” and “skimming device” “payment card”
155 have the same meanings as defined in s. 817.625.
156 (e) The department may seize without warrant any skimming
157 device, as defined in s. 817.625, for use as evidence.
158 Section 5. This act shall take effect October 1, 2020.
