Florida Senate - 2011                                     SB 920
       
       
       
       By Senator Ring
       
       
       
       
       32-01305A-11                                           2011920__
    1                        A bill to be entitled                      
    2         An act relating to possession of stolen credit or
    3         debit cards; amending s. 817.60, F.S.; prohibiting
    4         possession of a stolen credit or debit card in
    5         specified circumstances; providing penalties;
    6         providing that a retailer who takes, accepts, retains,
    7         or possesses a stolen credit or debit card without
    8         knowledge that the card is stolen and who is
    9         authorized to process transactions by the company
   10         issuing the credit or debit card does not commit a
   11         violation under certain circumstances; providing an
   12         exception for certain retail employees; providing an
   13         effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (8) is added to section 817.60,
   18  Florida Statutes, to read:
   19         817.60 Theft; obtaining credit card through fraudulent
   20  means.—
   21         (8) UNLAWFUL POSSESSION OF A STOLEN CREDIT OR DEBIT CARD.—A
   22  person who knowingly possesses, receives, or retains custody of
   23  a credit or debit card that has been taken from the possession,
   24  custody, or control of another without the cardholder’s consent
   25  and with the intent to impede the recovery of the credit or
   26  debit card by the cardholder commits unlawful possession of a
   27  stolen credit or debit card and is subject to the penalties set
   28  forth in s. 817.67(2). A retailer that takes, accepts, retains,
   29  possesses, or processes a stolen credit card or debit card does
   30  not commit a violation of this subsection if the retailer does
   31  so in the ordinary course of business and the retailer does not
   32  have actual knowledge that the credit card or debit card is
   33  stolen; provided, this exception does not apply to a retail
   34  employee who has actual knowledge that the credit card or debit
   35  card is stolen.
   36         Section 2. This act shall take effect October 1, 2011.