Florida Statute 817.62 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.62

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.

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Amendments to 817.62

Arrestable Offenses / Crimes under Fla. Stat. 817.62

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

S817.62 1 - FRAUD-ILLEG USE CREDIT CARDS - OBTAIN POSSESS BY AUTH PROVIDER OVER 300 DOLS - F: T

S817.62 1 - FRAUD-ILLEG USE CREDIT CARDS - OBT POSSESS BY AUTH PROVIDER 300 DOLS OR LESS - M: F

S817.62 2 - FRAUD - MISREPRESENT TO CREDIT CARD ISSUER OR ACQUIRER - F: T

S817.62 3 - FRAUD-ILLEG USE CREDIT CARDS - IN FACTORING TRANSACTION - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 817.62

Total Results: 5

Ross v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-26T00:53:00-07:00

Citation: 760 So. 2d 214

Snippet: provide goods or services, a violation of section 817.62, Florida Statutes (1993). Subsequent to this conviction

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: , specifically section 817.62(3)(b). Section 817.62 provides as follows: 817.62. Fraud by person authorized…the crime prohibited by subsection 817.62(3)(b). Subsection 817.62(3)(b) does not even require any degree… illegal credit card factoring statute, section 817.62(3)(b), Florida Statutes (1995); that they were …facts through the shoals of the language of section 817.62(3)(b), as well as the corn-*661mercial transactions…charge numbers ..., in violation of Florida Statute 817.62(3)(b) and/or On or about the 23rd day of April,

State v. McDonald

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-18T23:53:00-08:00

Citation: 690 So. 2d 1317

Snippet: provide goods or services, a violation of section 817.62, Florida Statutes (1993).[1] Following a plea to… provide goods and services pursuant to section 817.62, Florida Statutes (1993), without violating double… in section 775.082, 775.083, or 775.084. See § 817.62, Fla. Stat. (1993). If we apply a strict elements… is not applicable to this case because section 817.62, under which McDonald was charged, sets forth a…L., Associate Judge, concur. NOTES [1] Section 817.62, Florida Statutes (1993) provides: (1) ILLEGALLY

Griffin Builders Supply, Inc. v. Jones

Court: Fla. Dist. Ct. App. | Date Filed: 1980-06-06T00:53:00-07:00

Citation: 384 So. 2d 265

Snippet: in return for costs plus an agreed profit of $3,817.62. After substantially completing construction, appellant

Lore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1972-10-18T00:00:00-07:00

Citation: 267 So. 2d 699, 1972 Fla. App. LEXIS 6194

Snippet: argument — as we understand it — is that Section 817.-62(2), F.S.1969, F.S.A., which is a part of the State…predicates his argument in pertinent part states: “817.62. “(1) . . . “(2) A person who is authorized by …other. The State Credit Card Crime Act of which 817.62(2), F. S.1969, F.S.A., is a part, specifically … provisions which attend a violation of Section 817.62(2), F.S.1969, F.S.A., are markedly different from…provisions which pertain to a violation of Section 817.62(2), F.S.1969, F.S.A., superseded the penalty provisions