House Bill hb1295c1

    Florida House of Representatives - 2002             CS/HB 1295

        By the Council for Smarter Government and Representatives
    Waters, Davis, Arza, Flanagan and Wiles





  1                      A bill to be entitled

  2         An act relating to payment card transactions;

  3         providing restrictions on the information that

  4         may be printed on receipts for certain payment

  5         card transactions; providing for enforcement;

  6         providing penalties; providing an effective

  7         date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Restrictions on information printed on

12  receipts for payment card transactions; penalties.--

13         (1)  As used in this section, the term:

14         (a)  "Cardholder" means the person or organization

15  named on the face of a payment card to whom or for whose

16  benefit the payment card is issued.

17         (b)  "Merchant" means a person who receives from a

18  cardholder a payment card, or information from a payment card,

19  as the instrument for obtaining, purchasing, or receiving

20  goods, services, money, or anything else of value from the

21  cardholder.

22         (c)  "Payment card" means a credit card, charge card,

23  debit card, or any other card that is issued to a cardholder

24  and that allows the cardholder to obtain, purchase, or receive

25  goods, services, money, or anything else of value from a

26  merchant.

27         (2)  A merchant who accepts a payment card for the

28  transaction of business may not print more than the last five

29  digits of the payment card's account number or print the

30  payment card's expiration date on a receipt provided to the

31  cardholder. This subsection applies only to receipts described

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002             CS/HB 1295

    405-178-02






  1  in subsection (3) and does not apply to a transaction in which

  2  the sole means of recording the payment card's account number

  3  or expiration date is by handwriting or by an imprint or copy

  4  of the payment card.

  5         (3)(a)  Effective July 1, 2003, this section applies to

  6  receipts that are electronically printed using a cash register

  7  or other machine or device that is first used on or after July

  8  1, 2003.

  9         (b)  Effective July 1, 2005, this section applies to

10  all receipts that are electronically printed, including those

11  printed using a cash register or other machine or device that

12  is first used before July 1, 2003.

13         (4)  A merchant who violates this section commits a

14  noncriminal violation as defined in s. 775.08, Florida

15  Statutes, punishable by a fine of $250 for the first violation

16  and $1,000 for a second or subsequent violation in accordance

17  with s. 775.083, Florida Statutes.

18         (5)  The office of the state attorney may bring an

19  action to enforce this section for each violation that occurs

20  in or affects the judicial circuit under the office's

21  jurisdiction. The appropriate county court has jurisdiction.

22         Section 2.  This act shall take effect July 1, 2003.

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CODING: Words stricken are deletions; words underlined are additions.