1 | A bill to be entitled |
2 | An act relating to credit and debit card crimes; amending |
3 | s. 501.0117, F.S.; prohibiting a seller or lessor from |
4 | imposing a surcharge on debit card transactions; defining |
5 | the term "debit card"; providing nonapplicability to |
6 | offers of a discount for the purpose of inducing payment |
7 | by cash, check, or other means not involving the use of a |
8 | debit card; providing penalties; amending s. 817.60, F.S.; |
9 | prohibiting possession of a stolen credit or debit card in |
10 | specified circumstances; providing penalties; providing |
11 | that a retailer who takes, accepts, retains, or possesses |
12 | a stolen credit or debit card without knowledge that the |
13 | card is stolen and who is authorized to process |
14 | transactions by the company issuing the credit or debit |
15 | card does not commit a violation; providing an effective |
16 | date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. Section 501.0117, Florida Statutes, is amended |
21 | to read: |
22 | 501.0117 Credit cards and debit cards; transactions in |
23 | which seller or lessor prohibited from imposing surcharge; |
24 | penalty.- |
25 | (1) A seller or lessor in a sales or lease transaction may |
26 | not impose a surcharge on the buyer or lessee for electing to |
27 | use a credit card or debit card in lieu of payment by cash, |
28 | check, or similar means, if the seller or lessor accepts payment |
29 | by credit card or debit card. A surcharge is any additional |
30 | amount imposed at the time of a sale or lease transaction by the |
31 | seller or lessor that increases the charge to the buyer or |
32 | lessee for the privilege of using a credit card or debit card to |
33 | make payment. Charges imposed pursuant to approved state or |
34 | federal tariffs are not considered to be a surcharge, and |
35 | charges made under such tariffs are exempt from this section. |
36 | The term "credit card" includes those cards for which unpaid |
37 | balances are payable on demand. The term "debit card" means a |
38 | card, code, or other device, other than a check, draft, or |
39 | similar paper instrument, by the use of which a person may |
40 | order, instruct, or authorize a financial institution to debit a |
41 | demand deposit, savings deposit, or other asset account. The |
42 | term "debit card" also includes a prepaid card or other means of |
43 | access to prepaid funds that may be used to initiate an |
44 | electronic funds transfer and may be used without unique |
45 | identifying information such as a personal identification number |
46 | to initiate access to prepaid funds. This section does not apply |
47 | to the offering of a discount for the purpose of inducing |
48 | payment by cash, check, or other means not involving the use of |
49 | a credit card or debit card, if the discount is offered to all |
50 | prospective customers. |
51 | (2) A person who violates the provisions of subsection (1) |
52 | commits is guilty of a misdemeanor of the second degree, |
53 | punishable as provided in s. 775.082 or s. 775.083. |
54 | Section 2. Subsection (8) is added to section 817.60, |
55 | Florida Statutes, to read: |
56 | 817.60 Theft; obtaining credit card through fraudulent |
57 | means.- |
58 | (8) UNLAWFUL POSSESSION OF A STOLEN CREDIT OR DEBIT CARD.- |
59 | A person who knowingly possesses, receives, or retains custody |
60 | of a credit or debit card that has been taken from the |
61 | possession, custody, or control of another without the |
62 | cardholder's consent and with the intent to impede the recovery |
63 | of the credit or debit card by the cardholder commits unlawful |
64 | possession of a stolen credit or debit card and is subject to |
65 | the penalties set forth in s. 817.67(2). A retailer who takes, |
66 | accepts, retains, or possesses a stolen credit or debit card |
67 | without knowledge that the card is stolen and who is authorized |
68 | to process transactions by the company issuing the credit or |
69 | debit card does not commit a violation of this subsection. |
70 | Section 3. This act shall take effect October 1, 2010. |