CS/CS/CS/HB 621

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


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