Florida Statutes

Fla. Stat. § 817.62 (2025)

Fraud by person authorized to provide goods or services.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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817.62 Fraud by person authorized to provide goods or services.—

(1) ILLEGALLY OBTAINED OR ILLEGALLY POSSESSED CREDIT CARD; FORGED, REVOKED, OR EXPIRED CREDIT CARD.—A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, furnishes money, goods, services, or anything else of value upon presentation of a credit card obtained or retained in violation of this part or a credit card which he or she knows is forged, expired, or revoked violates this subsection and is subject to the penalties set forth in s. 817.67(1), if the value of all money, goods, services, and other things of value furnished in violation of this subsection does not exceed $300 in any 6-month period. The violator is subject to the penalties set forth in s. 817.67(2) if such value does exceed $300 in any 6-month period.

(2) MISREPRESENTATION TO ISSUER OR ACQUIRER.—A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, fails to furnish money, goods, services, or anything else of value which he or she represents in writing to the issuer or the acquirer that he or she has furnished violates this subsection and is subject to the penalties set forth in s. 817.67(2).

(3) ILLEGALLY FACTORING CREDIT CARD TRANSACTIONS.—

(a) A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, presents to the issuer or acquirer, for payment, a credit card transaction record of a sale, which sale was not made by such person or his or her agent or employee, violates this paragraph and is subject to the penalties set forth in s. 817.67(2).

(b) A person who, without the acquirer’s authorization, employs, solicits, or otherwise causes a person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or employs, solicits, or otherwise causes an agent or employee of such authorized person, to remit to the acquirer a credit card transaction record of a sale that was not made by such authorized person or his or her agent or employee violates this paragraph and is subject to the penalties set forth in s. 817.67(2).

(c) Any violation of this subsection constitutes an unfair or deceptive act or practice within the meaning of s. 501.204 and thus the basis for a civil or administrative action by an enforcing authority pursuant to part II of chapter 501.

History.—s. 5, ch. 67-340; s. 5, ch. 84-297; s. 6, ch. 86-161; s. 2, ch. 88-198; s. 1, ch. 89-27; s. 1272, ch. 97-102.

Arrestable Offenses under F.S. 817.62

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§817.62(1)FRAUD-ILLEG USE CREDIT CARDSOBTAIN/POSSESS BY AUTH PROVIDER LT 0M · 1st

§817.62(1)FRAUD-ILLEG USE CREDIT CARDSILLEGALLY OBTAIN/POSSESS CREDIT CARD GT 0F · 3rd

§817.62(2)FRAUDMISREPRESENT TO CREDIT CARD ISSUER OR ACQUIRERF · 3rd

§817.62(3)FRAUD-ILLEG USE CREDIT CARDSIN FACTORING TRANSACTIONF · 3rd

Notes of Decisions

Cited in 4 cases, 1972–2000 · leading case: State v. McDonald, 690 So. 2d 1317 (Fla. 2d DCA 1997).

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State v. McDonald, 690 So. 2d 1317 (Fla. 2d DCA 1997). · cites it 9× “See § 817.62, Fla. Stat. (1993). If we apply a strict elements analysis, we would be compelled to reverse.”

Ross v. State, 760 So. 2d 214 (Fla. 2d DCA 2000). · cites it 2× “In McDonald , the defendant was convicted of credit card fraud by a person authorized to provide goods or services, a violation of section 817.62, Florida Statutes (1993). Subsequent to this conviction, the State charged the defendant with grand theft, in violation of section…”

Lore v. State, 267 So. 2d 699 (Fla. 4th DCA 1972). · cites it 2× “” We note, however, that the penalty provisions which attend a violation of Section 817.62(2), F.S.1969, F.S.A., are markedly different from and less severe than those attendant upon a violation of Section 817.”

Padilla v. State, 753 So. 2d 659 (Fla. 2d DCA 2000). · cites it 12× “Section 817.62 provides as follows: 817.62.”

— 817.62(2) — 1 case

Lore v. State, 267 So. 2d 699 (Fla. 4th DCA 1972). “” We note, however, that the penalty provisions which attend a violation of Section 817.62(2), F.S.1969, F.S.A., are markedly different from and less severe than those attendant upon a violation of Section 817.”

— 817.62(3)(b) — 1 case

Padilla v. State, 753 So. 2d 659 (Fla. 2d DCA 2000). “Section 817.62 provides as follows: 817.62.”

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