Senate Bill sb0312

    Florida Senate - 2007                                   SB 312

    By Senator Fasano





    11-104-07

  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)  A 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. The failure to provide such disclosure constitutes a

28  deceptive and unfair trade practice under part II.

29         (2)  A preauthorization hold for an on-line debit card

30  transaction for the purchase of motor fuel may not exceed 2

31  hours after the time that the transaction is submitted by the

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






    Florida Senate - 2007                                   SB 312
    11-104-07




 1  merchant or the time that the merchant receives the

 2  transaction-completion message, whichever occurs earlier.

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

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

 5  775.082 or s. 775.083. This penalty is in addition to any

 6  other civil remedies provided by law.

 7         Section 2.  This act shall take effect July 1, 2007.

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10                          SENATE SUMMARY

11    Provides that it is a deceptive and unfair trade practice
      for a service station merchant to fail to disclose the
12    length of time and dollar amount of a preauthorization
      hold applicable to an off-line debit card transaction for
13    the purchase of motor fuel. Limits the length of the
      preauthorization hold that may be imposed for an on-line
14    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.