| 1 | A bill to be entitled |
| 2 | An act relating to possession of stolen credit cards; |
| 3 | amending s. 817.60, F.S.; prohibiting possession, |
| 4 | reception, or retention of custody or control of a credit |
| 5 | card taken from the person, possession, custody, or |
| 6 | control of another without the cardholder's consent; |
| 7 | deleting language requiring knowledge that a credit card |
| 8 | was taken without the cardholder's consent and received |
| 9 | with specified intent in order to commit certain offenses; |
| 10 | providing criminal penalties; increasing the penalty for |
| 11 | specified offenses; providing for an inference that the |
| 12 | person in possession of a credit card knew or should have |
| 13 | known that the credit card had been stolen in certain |
| 14 | circumstances; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsection (1) of section 817.60, Florida |
| 19 | Statutes, is amended to read: |
| 20 | 817.60 Theft; obtaining credit card through fraudulent |
| 21 | means.- |
| 22 | (1) THEFT BY TAKING OR RETAINING POSSESSION OF CARD |
| 23 | TAKEN.-A person who takes a credit card from the person, |
| 24 | possession, custody, or control of another without the |
| 25 | cardholder's consent or a person who possesses, receives, or |
| 26 | retains custody or control of such a card commits who, with |
| 27 | knowledge that it has been so taken, receives the credit card |
| 28 | with intent to use it, to sell it, or to transfer it to a person |
| 29 | other than the issuer or the cardholder is guilty of credit card |
| 30 | theft and is subject to the penalties set forth in s. |
| 31 | 817.67(2)(1). Taking a credit card without consent includes |
| 32 | obtaining it by conduct defined or known as statutory larceny, |
| 33 | common-law larceny by trespassory taking, common-law larceny by |
| 34 | trick or embezzlement, or obtaining property by false pretense, |
| 35 | false promise, or extortion. Proof of possession of a credit |
| 36 | card that has been recently stolen or possession of a credit |
| 37 | card in the name of a person other than that of the possessor, |
| 38 | unless satisfactorily explained, gives rise to an inference that |
| 39 | the person in possession of the credit card knew or should have |
| 40 | known that the credit card had been stolen. |
| 41 | Section 2. This act shall take effect October 1, 2010. |