| 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 who takes, |
| 6 | accepts, retains, or possesses a stolen credit or debit |
| 7 | card without knowledge that the card is stolen and who is |
| 8 | authorized to process transactions by the company issuing |
| 9 | the credit or debit card does not commit a violation under |
| 10 | certain circumstances; providing an exception for certain |
| 11 | retail employees; 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. Subsection (8) is added to section 817.60, |
| 16 | Florida Statutes, to read: |
| 17 | 817.60 Theft; obtaining credit card through fraudulent |
| 18 | means.- |
| 19 | (8) UNLAWFUL POSSESSION OF A STOLEN CREDIT OR DEBIT CARD.- |
| 20 | A person who knowingly possesses, receives, or retains custody |
| 21 | of a credit or debit card that has been taken from the |
| 22 | possession, custody, or control of another without the |
| 23 | cardholder's consent and with the intent to impede the recovery |
| 24 | of the credit or debit card by the cardholder commits unlawful |
| 25 | possession of a stolen credit or debit card and is subject to |
| 26 | the penalties set forth in s. 817.67(2). A retailer that takes, |
| 27 | accepts, retains, possesses, or processes a stolen credit card |
| 28 | or debit card does not commit a violation of this subsection if |
| 29 | the retailer does so in the ordinary course of business and the |
| 30 | retailer does not have actual knowledge that the credit card or |
| 31 | debit card is stolen; provided, this exception does not apply to |
| 32 | a retail employee who has actual knowledge that the credit card |
| 33 | or debit card is stolen. |
| 34 | Section 2. This act shall take effect October 1, 2011. |