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Daily Legislative Brief from February 24, 2016

Legal & Judicial

SB 912- Relating to Fraudulent Activities Associated with Payment Systems
On Wednesday, February 24th, SB 912, relating to Fraudulent Activities Associated with Payment Systems, by Senator Anitere Flores (R-Miami) was heard before the Senate Rules Committee and passed by a vote of 10 yeas to 0 nays. After SB 912 passed through the Senate Rules Committee before heading to the floor.  AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

This bill addresses “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.

SB 912 addresses fraudulent activity occurring at fuel stations by:

  • Increasing from a third degree felony (maximum penalty of 5 years in state prison) to a second degree felony (maximum penalty of 15 years in state prison) for the unlawful conveyance of fuel;
  • Requiring a retail petroleum fuel measuring device to have affixed to or installed onto the measuring device at least one security measure described in the bill and authorizing the Florida Department of Agriculture and Consumer Services, under certain circumstances, to prohibit further use of the measuring device until a security measure is installed, replaced, or repaired; 
  • Indicating that possession of counterfeit cards is unlawful (not specified in current law); and
  • Increasing the offense severity level ranking for unlawful conveyance of fuel and trafficking in or possession of counterfeit credit cards.


This bill will now go to the Senate floor for consideration.

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

SB 562- Relating to Consumer Debt Collection
On Wednesday, February 24th, SB 562, relating to Consumer Debt Collection, by Senator Kelli Stargel (R-Lakeland) was heard in front of the Senate Fiscal Policy Committee  and passed with 7 yeas and 4 nays. AIF’s General Counsel, Tammy Perdue, stood in support of this bill.

SB 562 seeks to better define the parameters by which an attorney representing a debit or debtor must notify a creditor of their representation in order for that creditor to properly direct communications concerning the dead. During today's committee, through the amendment process, there was some confusion as to whether the bill's scope would be expanded. However, the amendments which were adopted, actually narrow the application of the bill to situations in which an attorney communicates the representation to the creditor.

The next stop for SB 562 will be on the floor of the Senate.

AIF supports legislation that eliminates a current scam against Florida’s employers while also protecting legitimate debt collection processes by companies. 

SB 196- Relating to Public Records/State –Funded Infrastructure Bank
On Wednesday, February 24th, SB 196, relating to Public Records/State-funded Infrastructure Bank, by Senator Travis Hutson (R-Palm Coast) was substituted for its House companion, HB 267, read for a third time on the House floor and passed by a vote of 88 yeas to 19 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 desk of Governor Scott to be signed into law.

AIF supports protecting the financial information of private companies.