Home
Menu
Call outside Criminal Attorney Mark S. Barnett
904-562-8444
F.S. 817.60 on Google Scholar

F.S. 817.60 on Casetext

Amendments to 817.60


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 817
FRAUDULENT PRACTICES
View Entire Chapter
F.S. 817.60 Florida Statutes and Case Law
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.

Statutes updated from Official Statutes on: January 26, 2022
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

817.60 1 - LARC - OF CREDIT CARD - M: F
817.60 2 - LARC - LOST OR DELIVERED BY MISTAKE CREDIT CARD - M: F
817.60 3 - FRAUD-ILLEG USE CREDIT CARDS - PURCHASE SELL ANOTHERS - M: F
817.60 4 - FRAUD-ILLEG USE CREDIT CARDS - AS DEBT SECURITY - M: F
817.60 5 - FRAUD-ILLEG USE CREDIT CARDS - DEAL IN ANOTHERS - F: T
817.60 6a - FORGERY OF - FALSELY EMBOSS OR ALTER CREDIT CARD - F: T
817.60 6a - COUNTERFEITING OF - FALSELY MAKE CREDIT CARD - F: T
817.60 6a - PASS FORGED - FALSELY EMBOSSED OR ALTERED CREDIT CARD - F: T
817.60 6a - PASS COUNTERFEITED - FALSELY MADE CREDIT CARD - F: T
817.60 6a - POSSESS COUNTERFEITED - CREDIT CARD INVOICE SALES DRAFT VOUCHER ETC - F: T
817.60 6b - POSSESS COUNTERFEITED - CREDIT CARDS TWO OR MORE - F: T
817.60 7 - FRAUD-ILLEG USE CREDIT CARDS - SIGN ANOTHERS - M: F
817.60 8 - LARC - POSS RECEIVE RETAIN STOLEN CREDIT DEBIT CARD - F: T


Civil Citations / Citable Offenses under S817.60
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 817.60.


Annotations, Discussions, Cases:

  1. Fayerweather v. State

    332 So. 2d 21 (Fla. 1976)   Cited 26 times
    The issue to be decided is whether conduct which violates both the State Credit Card Crime Act, Section 817.60(1), (3), Florida Statutes 1973, and the provision making it unlawful to receive stolen property, Section 811.16, Florida Statutes 1973, may be punished under the latter, even though the former, a newer law, sets a less severe punishment.
    PAGE 22
  2. A.M. v. State

    794 So. 2d 645 (Fla. Dist. Ct. App. 2001)   Cited 1 times
    Chapter 817 is entitled Fraudulent Practices. It is divided into three parts. This case involves a violation of part II, Credit Card Crimes. Sections 817.60 and 817.61 are included in part II. A.M. was charged and tried for a violation of section 817.61.
    PAGE 646
  3. Gorday v. State

    907 So. 2d 640 (Fla. Dist. Ct. App. 2005)   Cited 5 times
    § 817.60(1), Fla. Stat. (2002).
    PAGE 643
  4. Casais v. State

    204 So. 3d 969 (Fla. Dist. Ct. App. 2016)   Cited 2 times
    Ruben Casais appeals from his conviction for uttering a forged credit card in violation of section 817.60, Florida Statutes (2015). Appellant used altered gift cards to purchase cigarettes and other items at a Public grocery store. When the police confronted Appellant they discovered he had several altered gift cards in his possession. Because the statute under which he was convicted specifically defines "credit cards" in a way that does not include the "gift cards" used or possessed by Appellant, his conviction must be overturned.
  5. People v. Cruz

    H040475 (Cal. Ct. App. Sep. 22, 2015)
    The minute order from defendant's plea of not guilty provided that the alleged crimes were "810.01 3A burglary of occupied dwell," "812.014 3A petit theft of property," and "817.60 1 theft of credit card." (Capitalization omitted.) The "Plea Form" was signed by defendant that stated that he pleaded no contest to all three alleged crimes, and that the prosecution recommended that defendant pay $100 in restitution.
    PAGE 5
  6. N.S. v. State

    988 So. 2d 1153 (Fla. Dist. Ct. App. 2008)   Cited 1 times
    N.S., a juvenile, appeals from an order withholding adjudication of delinquency and placing her on probation for credit card theft in violation of section 817.60(1), Florida Statutes (2006). N.S. claims that the trial court reversibly erred by allowing the State to introduce inadmissible hearsay evidence, over defense objection. While we agree that the evidence was improperly admitted, we conclude that the error was harmless beyond a reasonable doubt, and thus, we affirm.
    PAGE 1154
  7. UNLAWFUL POSSESSION OF A STOLEN [CREDIT] [DEBIT] CARD — 817.60(8) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Attempt 777.04 5.1
    PAGE 774
  8. Simmons v. State

    594 So. 2d 853 (Fla. Dist. Ct. App. 1992)   Cited 2 times
    Appellant correctly argues that the trial court did not determine whether the fraudulent use of a credit card counts were misdemeanors or felonies. Although both parties assert that this matter was discussed before trial, the matter did not arise until the sentencing hearing. Appellant's motion to strike amended informations only addressed the state's elevation of the counts "of wrongful use of a credit card, misdemeanors under Fla. Stat. 817.60( 7), to felonies under the general forgery statute." Section 817.60( 7) concerns signing the credit card of another. A review of the discussion between the parties and the trial court before the trial indicates that the issue raised by appellant at the sentencing hearing, that appellant was tried on separate counts of fraudulent use of a credit card which constitute misdemeanors, was not specifically discussed. At the sentencing hearing, the state asserted that the section 817.61 counts were felonies because appellant used the credit card more than two times in a six month period. Since the trial court never made a finding whether these counts (and therefore the convictions) were felonies or misdemeanors, the matter…
    PAGE 854
  9. Pursuant to § 817.60(8), Fla. Stat., it is not a crime 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.
    PAGE 732
  10. Collins v. State

    626 So. 2d 991 (Fla. Dist. Ct. App. 1993)   Cited 3 times
    §§ 817.60(1), 817.67(1), Fla. Stat. (1991).