| 1 | A bill to be entitled |
| 2 | An act relating to possession of stolen credit or debit |
| 3 | cards; amending s. 817.60, F.S.; prohibiting possession of |
| 4 | a stolen credit or debit card in specified circumstances; |
| 5 | providing penalties; providing that a retailer or retail |
| 6 | employee who possesses, receives, or returns a stolen |
| 7 | credit or debit card without knowledge that the card is |
| 8 | stolen or in order to investigate the card's theft or |
| 9 | unlawful use does not commit a violation of the act; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (8) is added to section 817.60, |
| 15 | Florida Statutes, to read: |
| 16 | 817.60 Theft; obtaining credit card through fraudulent |
| 17 | means.- |
| 18 | (8) UNLAWFUL POSSESSION OF A STOLEN CREDIT OR DEBIT CARD.- |
| 19 | A person who knowingly possesses, receives, or retains custody |
| 20 | of a credit or debit card that has been taken from the |
| 21 | possession, custody, or control of another without the |
| 22 | cardholder's consent and with the intent to impede the recovery |
| 23 | of the credit or debit card by the cardholder commits unlawful |
| 24 | possession of a stolen credit or debit card and is subject to |
| 25 | the penalties set forth in s. 817.67(2). It is not a violation |
| 26 | of this subsection for a retailer or retail employee, in the |
| 27 | ordinary course of business, to possess, receive, or return a |
| 28 | credit card or debit card that the retailer or retail employee |
| 29 | does not know was stolen or to possess, receive, or retain a |
| 30 | credit card or debit card that the retailer or retail employee |
| 31 | knows is stolen for the purpose of an investigation into the |
| 32 | circumstances regarding the theft of the card or its possible |
| 33 | unlawful use. |
| 34 | Section 2. This act shall take effect October 1, 2011. |