| 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, who |
| 6 | possesses, receives, or retains custody of the credit card |
| 7 | with the knowledge that it has been taken, or who receives |
| 8 | the credit card with the intent to use it, to sell it, or |
| 9 | to transfer it to a person other than the issuer or the |
| 10 | cardholder commits a felony of the third degree rather |
| 11 | than a misdemeanor of the first degree; providing |
| 12 | increased criminal penalties; providing for an inference |
| 13 | that the person in possession of a credit card knew or |
| 14 | should have known that the credit card had been stolen in |
| 15 | certain circumstances; providing that a retailer who in |
| 16 | good faith takes, accepts, retains, or processes a stolen |
| 17 | credit card without knowledge that the card is stolen does |
| 18 | not commit a violation; providing an effective date. |
| 19 |
|
| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
|
| 22 | Section 1. Subsection (1) of section 817.60, Florida |
| 23 | Statutes, is amended, and subsection (8) is added to that |
| 24 | section, to read: |
| 25 | 817.60 Theft; obtaining credit card through fraudulent |
| 26 | means.- |
| 27 | (1) THEFT BY TAKING OR RETAINING POSSESSION OF CARD |
| 28 | TAKEN.-A person who takes a credit card from the person, |
| 29 | possession, custody, or control of another without the |
| 30 | cardholder's consent; or who possesses, receives, or retains |
| 31 | custody of the credit card, with knowledge that it has been so |
| 32 | taken; or who, receives the credit card with intent to use it, |
| 33 | to sell it, or to transfer it to a person other than the issuer |
| 34 | or the cardholder commits is guilty of credit card theft and is |
| 35 | subject to the penalties set forth in s. 817.67(2)(1). Taking a |
| 36 | credit card without consent includes obtaining it by conduct |
| 37 | defined or known as statutory larceny, common-law larceny by |
| 38 | trespassory taking, common-law larceny by trick or embezzlement |
| 39 | or obtaining property by false pretense, false promise or |
| 40 | extortion. Proof of possession of a credit card that has been |
| 41 | recently stolen or possession of a credit card in the name of a |
| 42 | person other than that of the possessor, unless satisfactorily |
| 43 | explained, gives rise to an inference that the person in |
| 44 | possession of the credit card knew or should have known that the |
| 45 | credit card had been stolen. |
| 46 | (8) RETAILER EXCEPTION.-A retailer who in good faith |
| 47 | takes, accepts, retains, or processes a stolen credit card |
| 48 | without knowledge that the card is stolen does not commit a |
| 49 | violation of this section. |
| 50 | Section 2. This act shall take effect July 1, 2010. |