The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.481

817.481 Credit or purchases; obtaining illicitly.—

(1) It shall be unlawful for any person knowingly to obtain or attempt to obtain credit, or to purchase or attempt to purchase any goods, property, or service, by the use of any false, fictitious, counterfeit, or expired credit card, telephone number, credit number, or other credit device, or by the use of any credit card, telephone number, credit number, or other credit device of another person without the authority of the person to whom such card, number, or device was issued, or by the use of any credit card, telephone number, credit number, or other credit device in any case where such card, number, or device has been revoked and notice of revocation has been given to the person to whom issued.

(2) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid payment of the lawful charges, in whole or in part, for any telephone or telegraph service or for the transmission of a message, signal or other communication by telephone or telegraph or over telephone or telegraph facilities by the use of any fraudulent scheme, means or method, or any mechanical, electric, or electronic device.

(3)(a) If the value of the property, goods, or services obtained or which are sought to be obtained in violation of this section is $300 or more, the offender shall be guilty of grand larceny.

(b) If the value of the property, goods, or services obtained or which are sought to be obtained in violation of this section is less than $300 the offender shall be guilty of petit larceny.

History.—ss. 1, 2, 3, ch. 61-83; s. 1, ch. 65-245; s. 1, ch. 65-128; s. 873, ch. 71-136; s. 4, ch. 86-161; s. 15, ch. 2015-166.

F.S. 817.481 on Google Scholar

F.S. 817.481 on Casetext

Amendments to 817.481

Arrestable Offenses / Crimes under Fla. Stat. 817.481

Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.481 1 - FRAUD-ILLEG USE CREDIT CARDS - RENUMBERED. SEE REC # 9444 - F: T

S817.481 1 - FRAUD-ILLEG USE CREDIT CARDS - RENUMBERED. SEE REC # 9445 - M: S

S817.481 2 - FRAUD-ILLEG USE CREDIT CARDS - RENUMBERED. SEE REC # 9446 - F: T

S817.481 2 - FRAUD-ILLEG USE CREDIT CARDS - RENUMBERED. SEE REC # 9447 - M: S

S817.481 3 - FRAUD-ILLEG USE CREDIT CARDS - TO OBTAIN GOODS 300 DOLS OR MORE - F: T

S817.481 3 - FRAUD-ILLEG USE CREDIT CARDS - TO OBTAIN GOODS UNDER 300 DOLLARS - M: S

S817.481 3 - FRAUD-ILLEG USE CREDIT CARDS - AVOID/ATTEMPT AVOID PAYMENT PHONE MT 300 DOL - F: T

S817.481 3 - FRAUD-ILLEG USE CREDIT CARDS - AVOID/ATTEMPT AVOID PAYMENT PHONE LT 300 DOL - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

SANCHEZ, v. STATE, 124 So. 3d 406 (Fla. Dist. Ct. App. 2013)

. . . See § 817.481(3)(b), Fla. Stat. (2010); § 812.014(3)(a), Fla. Stat. (2011). . . .

STATE v. FAGAN,, 857 So. 2d 320 (Fla. Dist. Ct. App. 2003)

. . . Statutes (2000), and three counts of credit card fraud pursuant to subsections (1) and (3)(a) of section 817.481 . . .

STATE v. A. AQQAD, 637 So. 2d 255 (Fla. Dist. Ct. App. 1994)

. . . charged by information with grand larceny of telephone services in violation of sections 812.014 and 817.481 . . .

COLLINS Jr. v. STATE, 626 So. 2d 991 (Fla. Dist. Ct. App. 1993)

. . . . § 817.481, Fla.Stat. (1991). . § 812.014(l)(a)(b), (2)(c)(l), Fla.Stat. (1991). . § 831.01, Fla.Stat . . .

STATE v. WEIR,, 488 So. 2d 557 (Fla. Dist. Ct. App. 1986)

. . . pertain to the allegations in the Information filed in this case, are and have been superseded by section 817.481 . . . Beyond that, one can violate section 831.01 without violating section 817.481 or Part II Chapter 817, . . .

MICHUTKA, v. STATE, 478 So. 2d 868 (Fla. Dist. Ct. App. 1985)

. . . section 509.151, Florida Statutes, and grand larceny by use of a credit card in violation of section 817.481 . . . For example, section 817.481 requires proof of improper use of a credit card, whereas section 509.151 . . . from a public food service or public lodging establishment with the intent to defraud, whereas section 817.481 . . . Thus, section 817.481 applies to any type of crime in which one obtains credit or goods through improper . . .

UNITED STATES v. P. CHRISTY, XXX XX XXXX E- U. S., 18 M.J. 688 (N.M.C.M.R. 1984)

. . . . § 817.481 (Harrison 1981); Ga.Code Ann. § 16-9-33 (1982); Haw.Rev.Stat. § 851-1 (1976); Idaho Code . . .

UNITED STATES v. A. NELLIGAN,, 573 F.2d 251 (5th Cir. 1978)

. . . . §§ 817.481(2) and 817.482(l)(a) (1973). . . . Fla.Stat. 817.481 provides in relevant part: (2) It shall be unlawful for any person to avoid or attempt . . . purpose of avoiding or attempting to avoid payment of telecommunications service in violation of s. 817.481 . . .

McCONNELL, v. STATE, 298 So. 2d 550 (Fla. Dist. Ct. App. 1974)

. . . , 1972, 267 So.2d 699, our sister court held that a defendant who was charged and convicted under § 817.481 . . .

LORE, Jr. v. STATE, 267 So. 2d 699 (Fla. Dist. Ct. App. 1972)

. . . County, Florida, with obtaining credit by the unauthorized use of a credit card in violation of Section 817.481 . . . F.S.A., which is a part of the State Credit Card Crime Act of 1967 repealed by implication Section 817.481 . . . To the extent pertinent, the statute provides: “817.481. “(1) It shall be unlawful for any person knowingly . . . to a violation of Section 817.62(2), F.S.1969, F.S.A., superseded the penalty provisions of Section 817.481 . . .

RICHARDSON, v. STATE, 193 So. 2d 637 (Fla. Dist. Ct. App. 1967)

. . . state failed to establish a prima facie case of grand larceny by unlawful use of a credit card under § 817.481 . . . Section 817.481 provides in pertinent •part: “(1) It shall be unlawful for any person knowingly to obtain . . .

CAPUTO, v. STATE, 173 So. 2d 745 (Fla. Dist. Ct. App. 1965)

. . . crimes of forgery, uttering a forged instrument, and unlawful use of credit cards in violation of § 817.481 . . .