|Introduced in House||Passed House||Introduced in Senate||Passed Senate||Became Law|
Redefining the terms “cardholder,” “credit card,” and “expired credit card”; conforming terminology; deleting the term “payment card”, etc.
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 on17 the face of a credit cardto 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, ordebit 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 creditor 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obtain any of the services offered through the device. 28 (5) “Expired credit card” means a credit card that whichis 29 no longer valid because the term shown on it, if any, has 30 elapsed. 31 Section 2.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 different45 cardholders, which cardshe or she has reason to know were taken 46 or retained under circumstances that whichconstitute 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 DEBITCARD.—A 50 person who knowingly possesses, receives, or retains custody of 51 a credit or debitcard 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 or54 debitcard by the cardholder commits unlawful possession of a 55 stolen credit or debitcard 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 debit59 cardthat the retailer or retail employee does not know was 60 stolen or to possess, receive, or retain a credit card or debit61 cardthat 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 paymentcard, or someone the person 73 believes to be an authorized user, a credit paymentcard or 74 information from a credit paymentcard, or what the person 75 believes to be a credit paymentcard or information from a 76 credit paymentcard, 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, debit80 card, or any other card that is issued to an authorized card81 user and that allows the user to obtain, purchase, or receive82 goods, services, money, or anything else of value from a83 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 paymentcard onto 87 the computer chip, magnetic strip or stripe, or other storage 88 mechanism of a different credit paymentcard. 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 paymentcard or 95 from another device that directly reads the information from a 96 credit paymentcard. 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 paymentcard 103 or from another device that directly reads the information from 104 a credit paymentcard; and 105 2. Is incapable of processing the credit paymentcard 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 paymentcard 116 without the permission of the authorized user of the credit 117 paymentcard and with the intent to defraud the authorized user, 118 the issuer of the authorized users credit paymentcard, 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 paymentcard 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 paymentcard, 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 paymentcard 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 paymentcard information in the scanning device. 151 4. Another security measure approved by the department. 152 (c) For purposes of this subsection, the term: terms153 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 definedin 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.
|01/14/2020||Senate||Introduced -SJ 57|
|11/21/2019||Senate||Referred to Criminal Justice; Commerce and Tourism; Rules -SJ 57|