HB 761 & SB 912-Relating to Fraudulent Activities Associated with Payment Systems
On Tuesday, February 9th, HB 761, relating to Fraudulent Activities Associated with Payment Systems, by Rep. Dana Young (R-Tampa) was heard before the House Appropriations Committee and unanimously passed with 25 yeas and 0 nays. AIF’s General Counsel, Tammy Perdue, stood in support of this bill.

On Thursday, February 11th, SB 912, relating to Fraudulent Activities Associated with Payment Systems, by Senator Anitere Flores (R-Miami) was heard before the Senate Appropriations Subcommittee on General Government  and passed with 5 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

HB 761 and SB 912 address “skimming” at gas stations, specifically at gas pumps themselves, which has become a significant issue in the state of Florida. “Skimmers” are typically found on the gas pumps themselves, disguised as the usual everyday credit card reader. Unbeknownst to the customer, their credit card information is stolen.

During recent investigations, the Department of Agriculture and Consumer Services (DACS) has found that skimmed payment information is being used as part of elaborate fraud schemes to purchase hundreds of gallons of gas that is pumped into unapproved, hidden gas tanks in vans, SUVs, and trucks. Such gas is then usually resold by the criminals to independent truck drivers at a fraction of its usual cost.

To establish greater protection for consumer payment information and enhance penalties for crimes involved in the fraud schemes, the bill:

• Requires owners and operators of retail fuel pumps in this state to install a security measure that hinders or prohibits the unauthorized opening of the panel on the fuel pump which leads to the scanning device used for customer payment.
• Increases the penalty for the offense of unlawfully conveying and fraudulently obtaining fuel from an unranked third degree felony to a second degree felony ranked as a Level 5 offense on the Offense Severity Ranking Chart (OSRC).
• Reduces the number of counterfeit credit cards or related specified documents required to constitute second degree felony trafficking from 10 to 5 and ranks this felony as a Level 5 offense on the OSRC.
• Creates a second degree felony ranked as a Level 5 offense on the OSRC for the offense of possessing five or more counterfeit credit cards or related specified documents.

HB 761 will now go to the House Judiciary Committee for its final committee hearing.

SB 912 will now go to its last committee stop in the Senate Fiscal Policy Committee.

AIF supports this legislation due to it cracking down on theft from Florida retailers while also protecting Florida's consumers.

SB 196- Relating to Public Records/State –Funded Infrastructure Bank
On Thursday, February 11th, SB 196, relating to Public Records/State-funded Infrastructure Bank, by Senator Travis Hutson (R-Palm Coast) was read for a third time on the Senate floor and passed by a vote of 31 yeas to 7 nays.

Currently, the state-funded infrastructure bank (SIB) is housed within Department of Transportation (department). The SIB provides loans and credit enhancements to public and private entities for constructing and improving transportation facilities. This bill creates a public record exemption for the financial statements or other financial information that is required for the application to the SIB.

However, the public records exemption does not apply to the financial records of an applicant who is in default of an SIB loan.

This exemption is subject to the Open Government Sunset Review Act and will be repealed on October 2, 2021 unless this bill is reenacted by the Legislature.

SB 196 will now go to the House floor for consideration.

AIF supports protecting the financial information of private companies.