Florida Senate - 2011                              CS for SB 920
       
       
       
       By the Committee on Criminal Justice; and Senator Ring
       
       
       
       
       591-02845-11                                           2011920c1
    1                        A bill to be entitled                      
    2         An act relating to possession of stolen credit or
    3         debit cards; amending s. 817.60, F.S.; prohibiting
    4         possession of a stolen credit or debit card in
    5         specified circumstances; providing penalties;
    6         providing that a retailer or retail employee who
    7         possesses, receives, or returns a stolen credit or
    8         debit card without knowledge that the card is stolen
    9         or in order to investigate the card’s theft or
   10         unlawful use does not commit a violation of the act;
   11         providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (8) is added to section 817.60,
   16  Florida Statutes, to read:
   17         817.60 Theft; obtaining credit card through fraudulent
   18  means.—
   19         (8) UNLAWFUL POSSESSION OF A STOLEN CREDIT OR DEBIT CARD.—A
   20  person who knowingly possesses, receives, or retains custody of
   21  a credit or debit card that has been taken from the possession,
   22  custody, or control of another without the cardholder’s consent
   23  and with the intent to impede the recovery of the credit or
   24  debit card by the cardholder commits unlawful possession of a
   25  stolen credit or debit card and is subject to the penalties set
   26  forth in s. 817.67(2). It is not a violation of this subsection
   27  for a retailer or retail employee, in the ordinary course of
   28  business, to: possess, receive, or return a credit card or debit
   29  card that the retailer or retail employee does not know was
   30  stolen; or possess, receive, or retain a credit card or debit
   31  card that the retailer or retail employee knows is stolen for
   32  the purpose of an investigation into the circumstances regarding
   33  the theft of the card or its possible unlawful use.
   34         Section 2. This act shall take effect October 1, 2011.