CS/HB 621

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


CODING: Words stricken are deletions; words underlined are additions.