The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.62

817.62 Fraud by person authorized to provide goods or services.—

(1) ILLEGALLY OBTAINED OR ILLEGALLY POSSESSED CREDIT CARD; FORGED, REVOKED, OR EXPIRED CREDIT CARD.—A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, furnishes money, goods, services, or anything else of value upon presentation of a credit card obtained or retained in violation of this part or a credit card which he or she knows is forged, expired, or revoked violates this subsection and is subject to the penalties set forth in s. 817.67(1), if the value of all money, goods, services, and other things of value furnished in violation of this subsection does not exceed $300 in any 6-month period. The violator is subject to the penalties set forth in s. 817.67(2) if such value does exceed $300 in any 6-month period.

(2) MISREPRESENTATION TO ISSUER OR ACQUIRER.—A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, fails to furnish money, goods, services, or anything else of value which he or she represents in writing to the issuer or the acquirer that he or she has furnished violates this subsection and is subject to the penalties set forth in s. 817.67(2).

(3) ILLEGALLY FACTORING CREDIT CARD TRANSACTIONS.—

(a) A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, presents to the issuer or acquirer, for payment, a credit card transaction record of a sale, which sale was not made by such person or his or her agent or employee, violates this paragraph and is subject to the penalties set forth in s. 817.67(2).

(b) A person who, without the acquirer’s authorization, employs, solicits, or otherwise causes a person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or employs, solicits, or otherwise causes an agent or employee of such authorized person, to remit to the acquirer a credit card transaction record of a sale that was not made by such authorized person or his or her agent or employee violates this paragraph and is subject to the penalties set forth in s. 817.67(2).

(c) Any violation of this subsection constitutes an unfair or deceptive act or practice within the meaning of s. 501.204 and thus the basis for a civil or administrative action by an enforcing authority pursuant to part II of chapter 501.

History.—s. 5, ch. 67-340; s. 5, ch. 84-297; s. 6, ch. 86-161; s. 2, ch. 88-198; s. 1, ch. 89-27; s. 1272, ch. 97-102.

F.S. 817.62 on Google Scholar

F.S. 817.62 on Casetext

Amendments to 817.62

Arrestable Offenses / Crimes under Fla. Stat. 817.62

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

S817.62 1 - FRAUD-ILLEG USE CREDIT CARDS - OBTAIN POSSESS BY AUTH PROVIDER OVER 300 DOLS - F: T

S817.62 1 - FRAUD-ILLEG USE CREDIT CARDS - OBT POSSESS BY AUTH PROVIDER 300 DOLS OR LESS - M: F

S817.62 2 - FRAUD - MISREPRESENT TO CREDIT CARD ISSUER OR ACQUIRER - F: T

S817.62 3 - FRAUD-ILLEG USE CREDIT CARDS - IN FACTORING TRANSACTION - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE A. DINARDO,, 559 B.R. 32 (Bankr. D. Conn. 2016)

. . . total deductions from income as $18,518.62, leaving her with negative monthly disposable income of ($817.62 . . .

L. ROSS, v. STATE, 760 So. 2d 214 (Fla. Dist. Ct. App. 2000)

. . . convicted of credit card fraud by a person authorized to provide goods or services, a violation of section 817.62 . . .

PADILLA, v. STATE v. v., 753 So. 2d 659 (Fla. Dist. Ct. App. 2000)

. . . were insufficient to show that they had violated the illegal credit card factoring statute, section 817.62 . . . Section 817.62 provides as follows: 817.62. . . . The gravamen of section 817.62 as a whole, under our facts, is to protect Sun-Trust Bank, the acquirer . . . , unlike the other subsections of section 817.62. . . . Because of the ambiguity as to which entity in this case is the acquirer under section 817.62(3)(b), . . .

STATE v. McDONALD,, 690 So. 2d 1317 (Fla. Dist. Ct. App. 1997)

. . . county court with fraud by a person authorized to provide goods or services, a violation of section 817.62 . . . 1993), and credit card fraud by a person authorized to provide goods and services pursuant to section 817.62 . . . See § 817.62, Fla. Stat. (1993). . . . However, we conclude that Wolf is not applicable to this case because section 817.62, under which McDonald . . . Section 817.62, Florida Statutes (1993) provides: (1) ILLEGALLY OBTAINED OR ILLEGALLY POSSESSED CREDIT . . .

LORE, Jr. v. STATE, 267 So. 2d 699 (Fla. Dist. Ct. App. 1972)

. . . Credit Card Crime Act of 1967 on which the defendant predicates his argument in pertinent part states: “817.62 . . . The State Credit Card Crime Act of which 817.62(2), F. . . . We note, however, that the penalty provisions which attend a violation of Section 817.62(2), F.S.1969 . . . of this inconsistency, we hold that the penalty provisions which pertain to a violation of Section 817.62 . . .