| 1 | A bill to be entitled |
| 2 | An act relating to debit cards; creating s. 501.0116, |
| 3 | F.S.; requiring that a service station merchant disclose |
| 4 | the length of time and dollar amount of the |
| 5 | preauthorization hold applicable to an off-line |
| 6 | transaction for the purchase of motor fuel using a debit |
| 7 | card; providing that failure to disclose such information |
| 8 | is a deceptive and unfair trade practice; limiting the |
| 9 | length of the preauthorization hold that may be imposed |
| 10 | for an on-line transaction using a debit card; providing a |
| 11 | penalty; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 501.0116, Florida Statutes, is created |
| 16 | to read: |
| 17 | 501.0116 Preauthorization holds for off-line or on-line |
| 18 | transactions for the purchase of motor fuel using a debit |
| 19 | card.-- |
| 20 | (1) A service station merchant must disclose in |
| 21 | conspicuous type at the point of sale the length of time and |
| 22 | dollar amount of any preauthorization hold that applies to an |
| 23 | off-line debit card transaction for the purchase of motor fuel. |
| 24 | The failure to provide such disclosure constitutes a deceptive |
| 25 | and unfair trade practice under part II. |
| 26 | (2) A preauthorization hold for an on-line debit card |
| 27 | transaction for the purchase of motor fuel may not exceed 2 |
| 28 | hours after the time that the transaction is submitted by the |
| 29 | merchant or the time that the merchant receives the transaction- |
| 30 | completion message, whichever occurs earlier. |
| 31 | (3) A person who violates this section commits a |
| 32 | misdemeanor of the second degree, punishable as provided in s. |
| 33 | 775.082 or s. 775.083. This penalty is in addition to any other |
| 34 | civil remedies provided by law. |
| 35 | Section 2. This act shall take effect July 1, 2007. |