Senate Bill sb1476

    Florida Senate - 2006                                  SB 1476

    By Senator Fasano





    11-965-06

  1                      A bill to be entitled

  2         An act relating to debit cards; creating s.

  3         501.0116, F.S.; requiring that a service

  4         station merchant disclose the length of time

  5         and dollar amount of the preauthorization hold

  6         applicable to an off-line transaction for the

  7         purchase of motor fuel using a debit card;

  8         providing that failure to disclose such

  9         information is a deceptive and unfair trade

10         practice; limiting the length of the

11         preauthorization hold that may be imposed for

12         an on-line transaction using a debit card;

13         providing a penalty; providing an effective

14         date.

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

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18         Section 1.  Section 501.0116, Florida Statutes, is

19  created to read:

20         501.0116  Preauthorization holds for off-line or

21  on-line transactions for the purchase of motor fuel using a

22  debit card.--

23         (1)  Each service station merchant must disclose in

24  conspicuous type at the point of sale the length of time and

25  dollar amount of any preauthorization hold that applies to an

26  off-line debit card transaction for the purchase of motor

27  fuel. Failure by a service station merchant to provide such

28  disclosure constitutes a deceptive and unfair trade practice

29  under part II.

30         (2)  The length of any preauthorization hold imposed

31  for an on-line debit card transaction for the purchase of

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






    Florida Senate - 2006                                  SB 1476
    11-965-06




 1  motor fuel may not exceed 2 hours following the time that the

 2  transaction is submitted by the service station merchant or

 3  the time that the merchant receives the transaction-completion

 4  message, whichever occurs earlier.

 5         (3)  A person who violates this section commits a

 6  misdemeanor of the second degree, punishable as provided in s.

 7  775.082 or s. 775.083. The penalty provided in this subsection

 8  is in addition to any civil remedies otherwise provided by

 9  law.

10         Section 2.  This act shall take effect July 1, 2006.

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13                          SENATE SUMMARY

14    Provides that it is a deceptive and unfair trade practice
      for a service station merchant to fail to disclose the
15    length of time and dollar amount of the preauthorization
      hold applicable to an off-line debit card transaction for
16    the purchase of motor fuel. Limits the length of the
      preauthorization hold that may be imposed for an on-line
17    debit card transaction. Provides that a violation of the
      act is a second-degree misdemeanor.
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CODING: Words stricken are deletions; words underlined are additions.