Florida Senate - 2010                                    SB 1106
       
       
       
       By Senator Crist
       
       
       
       
       12-00891A-10                                          20101106__
    1                        A bill to be entitled                      
    2         An act relating to fraudulently taking or using a
    3         credit card; amending s. 817.60, F.S.; providing that
    4         a person who takes a credit card from the possession,
    5         custody, or control of another without the
    6         cardholder’s consent, who possesses, receives, or
    7         retains custody of the credit card with the knowledge
    8         that it has been taken, or who receives the credit
    9         card with the intent to use it, to sell it, or to
   10         transfer it to a person other than the issuer or the
   11         cardholder commits a felony of the third degree rather
   12         than a misdemeanor of the first degree; providing
   13         increased criminal penalties; providing an effective
   14         date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   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 TAKEN.
   23  A person who takes a credit card from the person, possession,
   24  custody, or control of another without the cardholder’s consent;
   25  or who possess, receives, or retains custody of the card, with
   26  knowledge that it has been so taken; or who, receives the credit
   27  card with intent to use it, to sell it, or to transfer it to a
   28  person other than the issuer or the cardholder commits is guilty
   29  of credit card theft and is subject to the penalties set forth
   30  in s. 817.67(2) s. 817.67(1). Taking a credit card without
   31  consent includes obtaining it by conduct defined or known as
   32  statutory larceny, common-law larceny by trespassory taking,
   33  common-law larceny by trick or embezzlement or obtaining
   34  property by false pretense, false promise or extortion.
   35         Section 2. This act shall take effect July 1, 2010.