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