| 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 under certain |
| 16 | circumstances; providing an exception for certain retail |
| 17 | employees; providing an effective date. |
| 18 |
|
| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
|
| 21 | Section 1. Section 501.0117, Florida Statutes, is amended |
| 22 | to read: |
| 23 | 501.0117 Credit cards and debit cards; transactions in |
| 24 | which seller or lessor prohibited from imposing surcharge; |
| 25 | penalty.- |
| 26 | (1) A seller or lessor in a sales or lease transaction may |
| 27 | not impose a surcharge on the buyer or lessee for electing to |
| 28 | use a credit card or debit card in lieu of payment by cash, |
| 29 | check, or similar means, if the seller or lessor accepts payment |
| 30 | by credit card or debit card. A surcharge is any additional |
| 31 | amount imposed at the time of a sale or lease transaction by the |
| 32 | seller or lessor that increases the charge to the buyer or |
| 33 | lessee for the privilege of using a credit card or debit card to |
| 34 | make payment. Charges imposed pursuant to approved state or |
| 35 | federal tariffs are not considered to be a surcharge, and |
| 36 | charges made under such tariffs are exempt from this section. |
| 37 | The term "credit card" includes those cards for which unpaid |
| 38 | balances are payable on demand. The term "debit card" means a |
| 39 | card, code, or other device, other than a check, draft, or |
| 40 | similar paper instrument, by the use of which a person may |
| 41 | order, instruct, or authorize a financial institution to debit a |
| 42 | demand deposit, savings deposit, or other asset account. The |
| 43 | term "debit card" also includes a prepaid card or other means of |
| 44 | access to prepaid funds that may be used to initiate an |
| 45 | electronic funds transfer and may be used without unique |
| 46 | identifying information such as a personal identification number |
| 47 | to initiate access to prepaid funds. This section does not apply |
| 48 | to the offering of a discount for the purpose of inducing |
| 49 | payment by cash, check, or other means not involving the use of |
| 50 | a credit card or debit card, if the discount is offered to all |
| 51 | prospective customers. |
| 52 | (2) A person who violates the provisions of subsection (1) |
| 53 | commits is guilty of a misdemeanor of the second degree, |
| 54 | punishable as provided in s. 775.082 or s. 775.083. |
| 55 | Section 2. Subsection (8) is added to section 817.60, |
| 56 | Florida Statutes, to read: |
| 57 | 817.60 Theft; obtaining credit card through fraudulent |
| 58 | means.- |
| 59 | (8) UNLAWFUL POSSESSION OF A STOLEN CREDIT OR DEBIT CARD.- |
| 60 | A person who knowingly possesses, receives, or retains custody |
| 61 | of a credit or debit card that has been taken from the |
| 62 | possession, custody, or control of another without the |
| 63 | cardholder's consent and with the intent to impede the recovery |
| 64 | of the credit or debit card by the cardholder commits unlawful |
| 65 | possession of a stolen credit or debit card and is subject to |
| 66 | the penalties set forth in s. 817.67(2). A retailer that takes, |
| 67 | accepts, retains, possesses, or processes a stolen credit card |
| 68 | or debit card does not commit a violation of this subsection if |
| 69 | the retailer does so in the ordinary course of business and the |
| 70 | retailer does not have actual knowledge that the credit card or |
| 71 | debit card is stolen; provided, this exception does not apply to |
| 72 | a retail employee who has actual knowledge that the credit card |
| 73 | or debit card is stolen. |
| 74 | Section 3. This act shall take effect October 1, 2010. |