| 1 | A bill to be entitled |
| 2 | An act relating to fraudulently taking or using a credit |
| 3 | card; amending s. 817.60, F.S.; providing that a person |
| 4 | who takes a credit card from the possession, custody, or |
| 5 | control of another without the cardholder's consent or |
| 6 | who, with the knowledge that it has been taken, receives |
| 7 | the credit card with the intent to use it, to sell it, or |
| 8 | to transfer it to a person other than the issuer or the |
| 9 | cardholder commits a felony of the third degree rather |
| 10 | than a misdemeanor of the first degree; providing an |
| 11 | 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 (1) of section 817.60, Florida |
| 16 | Statutes, is amended to read: |
| 17 | 817.60 Theft; obtaining credit card through fraudulent |
| 18 | means.-- |
| 19 | (1) THEFT BY TAKING OR RETAINING POSSESSION OF CARD |
| 20 | TAKEN.--A person who takes a credit card from the person, |
| 21 | possession, custody, or control of another without the |
| 22 | cardholder's consent or who, with knowledge that it has been so |
| 23 | taken, receives the credit card with intent to use it, to sell |
| 24 | it, or to transfer it to a person other than the issuer or the |
| 25 | cardholder commits is guilty of credit card theft and is subject |
| 26 | to the penalties set forth in s. 817.67(2)(1). Taking a credit |
| 27 | card without consent includes obtaining it by conduct defined or |
| 28 | known as statutory larceny, common-law larceny by trespassory |
| 29 | taking, common-law larceny by trick or embezzlement or obtaining |
| 30 | property by false pretense, false promise or extortion. |
| 31 | Section 2. This act shall take effect July 1, 2009. |