Florida Statutes
Fla. Stat. § 817.58 (2025)
Definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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817.58 Definitions.—As used in ss. 817.57-817.685:
(1) “Acquirer” means a business organization, governmental entity, financial institution, or an agent of a business organization, governmental entity, or financial institution that authorizes a merchant to accept payment by credit card for money, goods, services, or anything else of value.
(2) “Cardholder” means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.
(3) “Counterfeit credit card” means any credit card which is fictitious, altered, or forged; any facsimile or false representation, depiction, or component of a credit card; or any credit card which is stolen, obtained as part of a scheme to defraud, or otherwise unlawfully obtained, and which may or may not be embossed with account information or a company logo.
(4) “Credit card” means any instrument or device, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, electronic benefits transfer (EBT) card, or debit card or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value on credit or for use in an automated banking device to obtain any of the services offered through the device.
(5) “Expired credit card” means a credit card which is no longer valid because the term shown on it has elapsed.
(6) “Issuer” means the business organization, state or federal government, or financial institution, or its duly authorized agent, which issues a credit card.
(7) “Receives” or “receiving” means acquiring possession or control or accepting as security for a loan a credit card.
(8) “Revoked credit card” means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
(9) “Credit-card-making equipment” means any equipment, machine, plate, mechanism, impression, or any other device designed, used, or capable of being used to produce a credit card, a counterfeit credit card, or any aspect or component of a credit card.
(10) “Traffic” means to sell, transfer, distribute, dispense, or otherwise dispose of a property or to buy, receive, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property.
History.—s. 1, ch. 67-340; ss. 2, 10, ch. 84-297; s. 1, ch. 85-43; s. 1, ch. 88-198; s. 5, ch. 95-431; s. 3, ch. 2016-173.
Notes of Decisions
Cited in 3
cases, 2000–2018 · leading case: Ruben B. Casais v. State, 204 So. 3d 969 (Fla. 5th DCA 2016).
Ruben B. Casais v. State, 204 So. 3d 969 (Fla. 5th DCA 2016). “” § 817.58(2), Fla. Stat. (2015). Appellant argues that because the face of the gift cards he used and possessed did not have the name of a person or organization to whom they were issued, as a matter of law, there was no “cardholder,” meaning the gift cards were not “credit…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018). “§ 817.58(4), Fla. Stat. "Credit card" means any instrument or device, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, electronic benefits transfer (EBT) card, or debit card or by any other name, issued with or without fee by…”
Padilla v. State, 753 So. 2d 659 (Fla. 2d DCA 2000). “Section 817.58, Florida Statutes (1995), defines “acquirer” in the following manner: (1) “Acquirer” means a business organization, governmental entity, financial institution, or an agent of a business organization, governmental entity, or financial institution that authorizes a…”
— 817.58(2) — 1 case
Ruben B. Casais v. State, 204 So. 3d 969 (Fla. 5th DCA 2016). “” § 817.58(2), Fla. Stat. (2015). Appellant argues that because the face of the gift cards he used and possessed did not have the name of a person or organization to whom they were issued, as a matter of law, there was no “cardholder,” meaning the gift cards were not “credit…”
— 817.58(4) — 2 cases
Ruben B. Casais v. State, 204 So. 3d 969 (Fla. 5th DCA 2016). “” § 817.58(2), Fla. Stat. (2015). Appellant argues that because the face of the gift cards he used and possessed did not have the name of a person or organization to whom they were issued, as a matter of law, there was no “cardholder,” meaning the gift cards were not “credit…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018). “§ 817.58(4), Fla. Stat. "Credit card" means any instrument or device, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, electronic benefits transfer (EBT) card, or debit card or by any other name, issued with or without fee by…”
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