Category: Criminal Offenses · Statute: F.S. 817.61 · Source: Florida Legislature
Understanding Credit Card Fraud in Florida
In Florida, credit card fraud is a serious theft offense governed by Section 817.61 of the Florida Statutes, which officially refers to the crime as the fraudulent use of credit cards. This offense occurs when a person uses a credit card, debit card, or credit card number that they know is forged, expired, revoked, or belongs to another person without their consent, with the intent to obtain money, goods, services, or anything else of value. The law applies not only to the physical swiping or inserting of a card but also to online transactions, over-the-phone purchases, and the unauthorized use of digital wallet information.
The severity and classification of a credit card fraud charge in Florida depend heavily on the value of the property or services obtained and how frequently the card was used within a specific timeframe. If a person uses a card unlawfully two or fewer times within a six-month period, or obtains goods valued under $100, the offense is charged as a first-degree misdemeanor. However, if the card is used three or more times within six months, or if the total value of the stolen goods or cash advances reaches $100 or more, the charge automatically escalates to a third-degree felony, carrying much harsher statutory penalties.
Bail and Pretrial Release for Credit Card Fraud
Because credit card fraud often involves allegations of identity theft or organized financial schemes, Florida judges closely evaluate the risk of ongoing financial harm when setting bail. If the arrest involves a high volume of stolen credit card numbers, skimming devices, or interstate transactions, prosecutors may argue for a higher bond or strict supervised release conditions, such as a ban on using computers, accessing the internet, or holding any financial accounts while the case is pending.