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CS/CS/HB 339 — Possession of Stolen Credit or Debit Cards

by Judiciary Committee; Criminal Justice Subcommittee; and Rep. Perman and others (CS/SB 920 by Criminal Justice Committee and Senator Ring)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Criminal Justice Committee (CJ)

The bill amends s. 817.60, F.S., to create a new offense relating to credit cards: A person commits unlawful possession of a stolen credit or debit card when the person knowingly possesses, receives, or retains custody of a credit or debit card that has been taken from the possession, custody, or control of another person without the cardholder’s consent and with the intent to impede recovery of the card by the cardholder.

The new possession offense is a third degree felony (pursuant to s. 817.67(2), F.S.).

The new possession offense does not apply to a retailer or retail employee who, in the ordinary course of business, possesses, receives, or returns a credit card or debit card that the retailer or retail employee does not know was stolen or possesses, receives, or retains a credit card or debit card that the retailer or retail employee knows is stolen for the purpose of an investigation into the circumstances regarding the theft of the card or its possible unlawful use.

If approved by the Governor, these provisions take effect October 1, 2011.
Vote:  Senate 38-0; House 110-5