The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.60

817.60 Theft; obtaining credit card through fraudulent means.—

(1) THEFT BY TAKING OR RETAINING POSSESSION OF CARD TAKEN.—A person who takes a credit card from the person, possession, custody, or control of another without the cardholder’s consent or who, with knowledge that it has been so taken, receives the credit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder is guilty of credit card theft and is subject to the penalties set forth in s. 817.67(1). Taking a credit card without consent includes obtaining it by conduct defined or known as statutory larceny, common-law larceny by trespassory taking, common-law larceny by trick or embezzlement or obtaining property by false pretense, false promise or extortion.

(2) THEFT OF CREDIT CARD LOST, MISLAID, OR DELIVERED BY MISTAKE.—A person who receives a credit card that he or she knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and who retains possession with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder is guilty of credit card theft and is subject to the penalties set forth in s. 817.67(1).

(3) PURCHASE OR SALE OF CREDIT CARD OF ANOTHER.—A person other than the issuer who sells a credit card or a person who buys a credit card from a person other than the issuer violates this subsection and is subject to the penalties set forth in s. 817.67(1).

(4) OBTAINING CONTROL OF CREDIT CARD AS SECURITY FOR DEBT.—A person who, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, obtains control over a credit card as security for a debt violates this subsection and is subject to the penalties set forth in s. 817.67(1).

(5) DEALING IN CREDIT CARDS OF ANOTHER.—A person other than the issuer who, during any 12-month period, receives two or more credit cards issued in the name or names of different cardholders, which cards he or she has reason to know were taken or retained under circumstances which constitute credit card theft or a violation of this part, violates this subsection and is subject to the penalties set forth in s. 817.67(2).

(6) FORGERY OF CREDIT CARD.—

(a) A person who, with intent to defraud a purported issuer or a person or organization providing money, goods, services, or anything else of value or any other person, falsely makes, falsely embosses, or falsely alters in any manner a credit card or utters such a credit card or who, with intent to defraud, has a counterfeit credit card or any invoice, voucher, sales draft, or other representation or manifestation of a counterfeit credit card in his or her possession, custody, or control is guilty of credit card forgery and is subject to the penalties set forth in s. 817.67(2).

(b) A person other than an authorized manufacturer or issuer who possesses two or more counterfeit credit cards is presumed to have violated this subsection.

(c) A person falsely makes a credit card when he or she makes or draws in whole or in part a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing or when he or she alters a credit card which was validly issued.

(d) A person falsely embosses a credit card when, without the authorization of the named issuer, he or she completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder.

(7) SIGNING CREDIT CARD OF ANOTHER.—A person other than the cardholder or a person authorized by him or her who, with intent to defraud the issuer or a person or organization providing money, goods, services, or anything else of value or any other person, signs a credit card violates this subsection and is subject to the penalties set forth in s. 817.67(1).

(8) UNLAWFUL POSSESSION OF A STOLEN CREDIT OR DEBIT CARD.—A person who knowingly possesses, receives, or retains custody of a credit or debit card that has been taken from the possession, custody, or control of another without the cardholder’s consent and with the intent to impede the recovery of the credit or debit card by the cardholder commits unlawful possession of a stolen credit or debit card and is subject to the penalties set forth in s. 817.67(2). It is not a violation of this subsection for a retailer or retail employee, in the ordinary course of business, to possess, receive, or return a credit card or debit card that the retailer or retail employee does not know was stolen or to possess, receive, or retain a credit card or debit card that the retailer or retail employee knows is stolen for the purpose of an investigation into the circumstances regarding the theft of the card or its possible unlawful use.

History.—s. 3, ch. 67-340; s. 3, ch. 84-297; s. 2, ch. 85-43; s. 69, ch. 85-62; s. 1269, ch. 97-102; s. 1, ch. 2011-184.

F.S. 817.60 on Google Scholar

F.S. 817.60 on Casetext

Amendments to 817.60

Arrestable Offenses / Crimes under Fla. Stat. 817.60

Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.60 1 - LARC - OF CREDIT CARD - M: F

S817.60 2 - LARC - LOST OR DELIVERED BY MISTAKE CREDIT CARD - M: F

S817.60 3 - FRAUD-ILLEG USE CREDIT CARDS - PURCHASE SELL ANOTHERS - M: F

S817.60 4 - FRAUD-ILLEG USE CREDIT CARDS - AS DEBT SECURITY - M: F

S817.60 5 - FRAUD-ILLEG USE CREDIT CARDS - DEAL IN ANOTHERS - F: T

S817.60 6a - FORGERY OF - FALSELY EMBOSS OR ALTER CREDIT CARD - F: T

S817.60 6a - COUNTERFEITING OF - FALSELY MAKE CREDIT CARD - F: T

S817.60 6a - PASS FORGED - FALSELY EMBOSSED OR ALTERED CREDIT CARD - F: T

S817.60 6a - PASS COUNTERFEITED - FALSELY MADE CREDIT CARD - F: T

S817.60 6a - POSSESS COUNTERFEITED - CREDIT CARD INVOICE SALES DRAFT VOUCHER ETC - F: T

S817.60 6b - POSSESS COUNTERFEITED - CREDIT CARDS TWO OR MORE - F: T

S817.60 7 - FRAUD-ILLEG USE CREDIT CARDS - SIGN ANOTHERS - M: F

S817.60 8 - LARC - POSS RECEIVE RETAIN STOLEN CREDIT DEBIT CARD - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 765 (Fla. 2018)

. . . [148 So.3d 1204] and amended in 2018. 14.8 UNLAWFUL POSSESSION OF A STOLEN [CREDIT] [DEBIT] CARD § 817.60 . . . Lesser Included Offenses UNLAWFUL POSSESSION OF A STOLEN [CREDIT] [DEBIT] CARD - 817.60(8) CATEGORY ONE . . . None Attempt 777.04 5.1 Comments Pursuant to § 817.60(8), Fla. . . .

CASAIS, v. STATE, 204 So.3d 969 (Fla. Dist. Ct. App. 2016)

. . . Ruben Casais appeals from his conviction for uttering a forged credit card in violation of section 817.60 . . . this court, is whether Appellant was guilty of uttering a forged credit card in violation of section 817.60 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . amended in 1992 [603 So.2d 1175] and 2013. 14.8 UNLAWFUL POSSESSION OF A STOLEN [CREDIT] [DEBIT] CARD § 817.60 . . . None Attempt 777.04(1) 5.1 Comments Pursuant to § 817.60(8), Fla. . . .

UNITED STATES v. EDME,, 422 F. App'x 809 (11th Cir. 2011)

. . . The district court found Edme “guilty of violating both Florida Statute 817.568 and 817.60(5),” and the . . .

N. S. a v. STATE, 988 So. 2d 1153 (Fla. Dist. Ct. App. 2008)

. . . adjudication of delinquency and placing her on probation for credit card theft in violation of section 817.60 . . . N.S. was charged pursuant to section 817.60(1) with taking or receiving the victim’s credit card after . . .

GORDAY, v. STATE, 907 So. 2d 640 (Fla. Dist. Ct. App. 2005)

. . . they were charged in County Court with credit card theft, a first degree misdemeanor under section 817.60 . . . violation of section 812.13(2)(a), and theft of the credit card found therein in violation of section 817.60 . . . ... is guilty of credit card theft and is subject to the penalties set forth in s. 817.67(1).... § 817.60 . . . That is, there is no language in section 817.60 to evidence an intent for credit card theft to be punished . . . card theft are essentially the taking of a credit card from a person without the person’s consent. § 817.60 . . .

D. P. B. a v. STATE, 877 So. 2d 770 (Fla. Dist. Ct. App. 2004)

. . . This offense is a violation of § 817.60, Fla. Stat., punishable as a first-degree misdemeanor. . . .

A. M. A v. STATE, 794 So. 2d 645 (Fla. Dist. Ct. App. 2001)

. . . The evidence in this case shows that A.M. stole her mother’s credit card, a violation of section 817.60 . . . Sections 817.60 and 817.61 are included in part II. . . . violation of section 817.61 by using a credit card obtained in violation of “this part,” i.e., section 817.60 . . . section 812.014, Florida Statutes (1999), or fraudulent use of the credit card, as prohibited by section 817.60 . . . It clearly sets forth elements that constitute a violation of section 817.61, not section 817.60. . . .

WRIGHT, v. STATE, 626 So. 2d 299 (Fla. Dist. Ct. App. 1993)

. . . Based upon our reading of the provisions of sections 817.60(1) and 817.67(1), we agree with the argument . . .

COLLINS Jr. v. STATE, 626 So. 2d 991 (Fla. Dist. Ct. App. 1993)

. . . Section 817.60(1), Florida Statutes (1991) (credit card theft), provides that any person who violates . . . SMITH and KAHN, JJ., concur. . §§ 817.60(1), 817.67(1), Fla.Stat. (1991). . § 817.481, Fla.Stat. (1991 . . .

STATE v. VIKHLYANTSEV,, 602 So. 2d 636 (Fla. Dist. Ct. App. 1992)

. . . Supreme Court considered whether conduct which violated both the State Credit Card Crime Act, section 817.60 . . .

SIMMONS, v. STATE, 594 So. 2d 853 (Fla. Dist. Ct. App. 1992)

. . . not raised by the appellant, the written sentence reflects that appellant was charged under section 817.60 . . . the state’s elevation of the counts “of wrongful use of a credit card, misdemeanors under Fla.Stat. 817.60 . . . Section 817.60(7) concerns signing the credit card of another. . . .

STATE v. COGSWELL,, 521 So. 2d 1081 (Fla. 1988)

. . . .1976), we considered “whether conduct which violates both the State Credit Card Crime Act, Section 817.60 . . .

SANCHEZ, v. STATE, 507 So. 2d 673 (Fla. Dist. Ct. App. 1987)

. . . in categorizing the offense of credit card theft as a third-degree felony for violation of section 817.60 . . .

D. W. a v. STATE, 428 So. 2d 363 (Fla. Dist. Ct. App. 1983)

. . . 831.02, Fla.Stat. (1981) ]; and (3) theft of a credit card lost, mislaid or mistakenly delivered [§ 817.60 . . . . with the offense of theft by taking or retaining possession of a credit card, pursuant to Section 817.60 . . .

In FORFEITURE OF ONE MERCEDES BENZ MOTOR VEHICLE V. I. N., 423 So. 2d 535 (Fla. Dist. Ct. App. 1982)

. . . (burglary), SEction [sic] 817.60, Fla.Stat. . . . (receiving stolen property) and Section 817.60(2) Fla.Stat. (possession of a stolen credit card). . . .

BROOK VILLAGE NORTH ASSOCIATES, v. GENERAL ELECTRIC COMPANY, Re-, 686 F.2d 66 (1st Cir. 1982)

. . . At trial plaintiffs’ expert testified that the current replacement cost was $55,-817.60. . . .

STATE v. YOUNG,, 357 So. 2d 416 (Fla. Dist. Ct. App. 1978)

. . . There it was held that conduct violative of both the State Credit Card Crime Act (specifically Section 817.60 . . .

F. FAYERWEATHER, v. STATE, 332 So. 2d 21 (Fla. 1976)

. . . issue to be decided is whether conduct which violates both the State Credit Card Crime Act, Section 817.60 . . . no longer than one year, the maximum set by the State Credit Card Crime Act for violation of Section 817.60 . . .

R. PASTORIA, v. STATE, 312 So. 2d 808 (Fla. Dist. Ct. App. 1975)

. . . 1967, and with Possession of Credit Card Lost, Mislaid or Delivered by Mistake in violation of Section 817.60 . . . Information is the same conduct which was also a violation of Section 817.61, F.S.1969, F.S.A. and Section 817.60 . . .

LEVI, v. STATE, 297 So. 2d 617 (Fla. Dist. Ct. App. 1974)

. . . Appellant was charged and convicted of violating § 817.60(5), F.S.1971, F.S.A., which prohibits dealing . . .

STATE v. McCURDY,, 257 So. 2d 92 (Fla. Dist. Ct. App. 1972)

. . . . § 817.60 (6), F.S.A., provides that— “A person who, with intent to defraud a purported issuer or . . . . forged credit card or the forgery itself could be prosecuted only under Ch. 817, specifically F.S. § 817.60 . . .