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any of the services offered through the device. 27 (5) “Expired credit card” means a credit card that which is 28 no longer valid because the term shown on it, if any, has 29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