The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . including trespass of a structure, petit theft, and fraudulent use of a credit card in violation of section 817.61 . . . Section 817.61, Florida Statutes (2016), makes it a crime to fraudulently use a credit card. . . . card he used, and thus the state had failed to prove the essential elements of a violation of section 817.61 . . . without the consent of the cardholder, that he is the holder of the card so used, contrary to Section 817.61 . . . he was the holder of a card without the authority of [the victim] ... contrary to Florida Statutes 817.61 . . .
. . . Stat. (2013), one count of fraudulent use of a credit card, see § 817.61, two counts of theft from a . . .
. . . Neal appeals his judgment and sentences for fraudulent use of a credit card, a violation of section 817.61 . . . See §§ 817.61, 67(2). . . . See §§ 817.61, 67(2). A jury found Neal guilty on the Charlotte County charge. . . . Section 817.61 appears in Part II of chapter 817 of the Florida Statutes. . . . Section 817.61 is based on section 4 of the Model Act. . . .
. . . . § 817.61. . . . 679 So.2d 351, 353 (Fla.Dist.Ct.App.1996) (“[I]t is not possible to commit an offense under section 817.61 . . . Stat. § 817.61. . . .
. . . See §§ 817.61 (fraudulent use of a credit card more than twice in six months), 812.014(3)(c) (felony . . .
. . . . § 817.61, Fla. Stat. (2007). . . . . of Lewis' PIN is not tantamount to representing himself as the cardholder, an element that section 817.61 . . .
. . . . §§812.012 (1994), 812.014 (West Supp. 1996); but see, e.g., §§817.234 (insurance fraud), 817.61 (fraudulent . . .
. . . See §§ 817.61, 817.67(2), Fla. Stat. (1989). . . .
. . . order denying relief, Ross’s convictions for fraudulent use of a credit card, in violation of section 817.61 . . . Because section 817.61 contains a monetary element, this case is controlled by State v. . . .
. . . possession of the credit card and used it with the intent to defraud the victim contrary to section 817.61 . . . Section 817.61 is titled “Fraudulent use of credit cards.” . . . There is no dispute that Keels obtained goods and services in violation of section 817.61, Florida Statutes . . .
. . . represented himself or herself as the holder of a credit card in order to establish a violation of section 817.61 . . . These facts constitute a violation of section 817.61, fraudulent use of a credit card. . . . Sections 817.60 and 817.61 are included in part II. . . . A.M. was charged and tried for a violation of section 817.61. . . . Section 817.61, in pertinent part, states as follows: “A person who, with intent to defraud ... uses, . . . without the consent of the cardholder, that he is the holder of the card so used, contrary to Section 817.61 . . . However, these facts do not constitute a violation of section 817.61, Florida Statutes (1999). . . . It clearly sets forth elements that constitute a violation of section 817.61, not section 817.60. . . .
. . . . § 817.61 (Fla.Stat.1997). . Purvis v. State, 397 So.2d 746 (Fla. 5th DCA 1981). . . .
. . . order denying relief, Ross’s convictions for fraudulent use of a credit card, in violation of section 817.61 . . . Because section 817.61 contains a monetary element, this case is controlled by State v. . . .
. . . offense of fraudulent use of a credit card, since “it is not possible to commit an offense under section 817.61 . . .
. . . , MeMonagle was charged with unlawful use of a credit card to obtain goods, in violation of section 817.61 . . .
. . . . § 817.61, Fla. Stat. (1993). . . . In other words, it is not possible to commit an offense under section 817.61 and not commit a theft; . . .
. . . . § 817.61, Fla.Stat. (1991). . . .
. . . At the sentencing hearing, the state asserted that the section 817.61 counts were felonies because appellant . . .
. . . Sections 817.61, 817.67 and 775.082(3)(d), Fla.Stat. (1989). . . .
. . . This fraudulent use of credit cards violated section 817.61 of the Florida Statutes and constituted a . . . 817.59, Florida Statutes, and two counts of of fraudulent use of a credit card in violation of section 817.61 . . .
. . . .-02 and 817.61, Fla. Stat. (1985), respectively. . § 775.082(1), Fla. Stat. (1985). . . . .
. . . state charged Calcagino by information with fraudulent use of a credit card in violation of sections 817.61 . . .
. . . Section 817.61, Florida Statutes (1981) outlaws the fraudulent use of credit cards. . . .
. . . Section 817.61, Florida Statutes (1981) outlaws the fraudulent use of credit cards. . . .
. . . trial court to correct the felony adjudication of delinquency for fraudulent use of a credit card [§ 817.61 . . .
. . . Appellant was charged with violating sections 817.61 (fraudulent use of a credit card) and 831.02 (uttering . . .
. . . . § 817.61, Fla.Stat. (1977), states in pertinent part: A person who, with intent to defraud the issuer . . .
. . . .-60(1), 817.61 (1975). . . .
. . . that the court erred in sentencing him under the forgery and uttering statutes rather than under § 817.61 . . .
. . . S.A., along with Fraudulent Use of Credit Card in violation of Section 817.61, F.S. 1969, F.S.A., which . . . which is Count I of the Amended Information is the same conduct which was also a violation of Section 817.61 . . . defendant is charged with a violation of Section 831.01, F.S. 1969, F.S.A. and also a violation of Section 817.61 . . . sentenced under the penal provisions of the State Credit Card Crime Act, in this case being Section 817.61 . . .
. . . he had been convicted under the applicable provision of the State Credit Card Crime Act, to wit: § 817.61 . . . that where the conduct of a defendant convicted under § 831.01, F.S.A., constituted a violation of § 817.61 . . . would be made, a conviction might have been obtained under the third degree felony provisions of § 817.61 . . .
. . . of the statute on which the information was founded, Section 831.01, was also a violation of Section 817.61 . . . which violated Section 831.01, F.S. 1969, F.S.A., (the earlier law) was also a violation of Section 817.61 . . .
. . . infor-mations were drawn] were “inconsistent with the terms of the State Credit Card Act, specifically, § 817.61 . . .
. . . minor adjustments increasing the undistributed net income to $65,581.72 and the surtax thereon to $11,-817.61 . . .