Introduced in House Passed House Introduced in Senate Passed Senate Became Law
11/04/2019        

Fraudulent Practices

Redefining the terms “cardholder,” “credit card,” and “expired credit card”; conforming terminology; deleting the term “payment card”, etc.

Date Version PDF TXT
11/04/2019 S 742 Filed Open

            
       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   29  no longer valid because the term shown on it, if any, has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 cardholders 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 devices 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 users 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 users 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.

Picture Name From Date Type
Lori Berman D-Tallahassee Sponsor
Date Branch Action
01/14/2020 Senate Introduced -SJ 57
11/21/2019 Senate Referred to Criminal Justice; Commerce and Tourism; Rules -SJ 57
11/04/2019 Senate Filed
Summary
Congress - Bill Number Major Title
Branch Vote Date Yes No Not Voting
Wiki





Start Description.
Redefining the terms “cardholder,” “credit card,” and “expired credit card”; conforming terminology; deleting the term “payment card”, etc.
End Description.

Bill TEXT Points.
This Bill has been listed with the following Subjects from Texts:
Credit
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

Senate
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

Legislature
10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1

Florida
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


End Bill TEXT Points.
Date Bill Major Title
Committee Name
Subject Type