CS/CS/HB 339

1
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 or retail
6employee who possesses, receives, or returns a stolen
7credit or debit card without knowledge that the card is
8stolen or in order to investigate the card's theft or
9unlawful use does not commit a violation of the act;
10providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (8) is added to section 817.60,
15Florida Statutes, to read:
16     817.60  Theft; obtaining credit card through fraudulent
17means.-
18     (8)  UNLAWFUL POSSESSION OF A STOLEN CREDIT OR DEBIT CARD.-
19A person who knowingly possesses, receives, or retains custody
20of a credit or debit card that has been taken from the
21possession, custody, or control of another without the
22cardholder's consent and with the intent to impede the recovery
23of the credit or debit card by the cardholder commits unlawful
24possession of a stolen credit or debit card and is subject to
25the penalties set forth in s. 817.67(2). It is not a violation
26of this subsection for a retailer or retail employee, in the
27ordinary course of business, to possess, receive, or return a
28credit card or debit card that the retailer or retail employee
29does not know was stolen or to possess, receive, or retain a
30credit card or debit card that the retailer or retail employee
31knows is stolen for the purpose of an investigation into the
32circumstances regarding the theft of the card or its possible
33unlawful use.
34     Section 2.  This act shall take effect October 1, 2011.


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