HB 339

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

CODING: Words stricken are deletions; words underlined are additions.