Florida Statute 817.58 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.58

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(5) “Expired credit card” means a credit card which is no longer valid because the term shown on it has elapsed.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(8) “Revoked credit card” means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.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.

F.S. 817.58 on Google Scholar

F.S. 817.58 on Casetext

Amendments to 817.58

Arrestable Offenses / Crimes under Fla. Stat. 817.58

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 817.58.

Annotations, Discussions, Cases:

Cases Citing Statute 817.58

Total Results: 4

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-10.

Court: Fla. | Date Filed: 2018-12-13T00:00:00-08:00

Citation: 259 So. 3d 765

Snippet: the cardholder. Definitions. § 817.58(4), Fla. Stat. "Credit card"

Ruben B. Casais v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-18T00:00:00-08:00

Citation: 204 So. 3d 969, 2016 Fla. App. LEXIS 17378

Snippet: the services offered through the device. § 817.58(4), Fla. Stat. (2015) (emphasis added). The section…benefit the credit card is issued by an issuer.” § 817.58(2), Fla. Stat. (2015). Appellant argues that because….. issued ... for the use of the cardholder.” § 817.58(4), Fla. Stat. *971 (2015). The statute…benefit the credit card is issued by, an issuer.” § 817.58(2), Fla. Stat. (2015) (emphasis added). The same

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: debit] card by the cardholder. Definitions. § 817.58(h), Fla. Stat. “Credit card” means any instrument

Padilla v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-08T00:00:00-08:00

Citation: 753 So. 2d 659, 2000 Fla. App. LEXIS 2241, 2000 WL 266679

Snippet: of the acquirer, as defined by Florida Statute 817.58(1), to wit: SunTrust Bank, did employ, solicit,…authority pursuant to part II of chapter 501. Section 817.58, Florida Statutes (1995), defines “acquirer” in