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