Credit card crimes in Florida are spread across a cluster of statutes in chapter 817. Fraudulent use of a credit card is the most common charge, theft of a card and possession of a card known to be stolen are covered separately, and dealing in credit cards of another is its own offense. They share a single core element: intent to defraud. Without it, there is no crime, only a dispute.
What makes these cases tricky is how easily they scale. One alleged misuse is a manageable charge. Repeated use, multiple cards, or a tie to stolen identifying information can turn a card case into a fraud scheme or an identity-theft case, and the exposure climbs fast.
The $100 Line and the Charges Around It
Fraudulent use turns on a threshold. When the value obtained reaches $100 or more in any six-month period, or the card is used two or more times, the offense is a third-degree felony. Below that, it is generally a first-degree misdemeanor. The related charges of card theft, possession of a stolen card, and dealing in cards of another are charged as felonies in their own right.
| Conduct | Statute | Typical degree |
|---|---|---|
| Fraudulent use, under $100 and fewer than two uses in six months | 817.61 | First-degree misdemeanor |
| Fraudulent use, $100 or more in six months, or two or more uses | 817.61 | Third-degree felony |
| Theft of a card, or possession of a card known stolen | 817.60 | Third-degree felony |
| Dealing in credit cards of another | 817.54 | Third-degree felony |
| Using a forged or counterfeit card | 817.60, ch. 831 | Felony, exposure rises |
Intent to defraud is the shared element. Repeated use can be aggregated and charged across counts, and a card case can be folded into a larger scheme-to-defraud or identity-theft prosecution.
Earlier in my career, my practice was almost entirely white-collar defense, including fraud cases, conspiracy charges, and a statewide racketeering prosecution. That work shaped how I read these files: where the money really moved, what the State can prove about intent, and where a paper case quietly falls apart. I defend the state-level side of these matters here in Florida. When a case is federal, or turns federal, I bring in or refer trusted federal co-counsel so you are covered on both tracks rather than caught between them. Learn more about my background.
Intent and Authorization
The two elements that decide most card cases are intent to defraud and the absence of authorization. A shared card, a card used with permission that was later disputed, an authorized user who exceeded a limit, or a genuine misunderstanding about access all go to whether the use was criminal at all. The State has to prove the use was both unauthorized and intended to defraud, and that is frequently a closer question than the charge suggests.
Identity is the other recurring issue. Card fraud proof is heavily circumstantial, built from receipts, surveillance video, and account records, and placing a specific person at a specific transaction is not always as clean as it looks. Where the State leans on grainy footage or shared devices, mistaken identity is a real and often winnable defense.
How These Cases Begin
Credit card cases usually start in one of a few ways: a merchant reports a disputed charge, a bank’s fraud detection flags a pattern, a cardholder reports a card lost or stolen, or a broader investigation into skimming or stolen account data sweeps a person in. From there the State assembles receipts, surveillance video, and account records and tries to connect a person to each use.
That origin shapes the exposure. A single disputed charge is one thing. Possession of several cards, a tie to stolen identifying information, or a run of transactions can convert a modest case into a felony scheme, because the related statutes for theft of a card, possession of a card known to be stolen, and dealing in cards of another can all be charged together. Understanding how the case was built, and how the counts were assembled from the records, is the starting point for taking them apart.
How a Credit Card Case Is Defended
The defense starts by separating the charge from the noise. Testing whether the State can prove intent, whether authorization was truly absent, and whether the person charged is the person who used the card knocks out the foundation. Where multiple uses have been aggregated to cross the felony line, challenging the aggregation and the six-month window can bring the case back to a misdemeanor. Florida courts have also treated fraudulent use of a credit card and grand theft arising from the same transaction as the same offense for double jeopardy, so where the State charges both, the grand theft conviction can be vacated.
Then comes the evidence trail. Card cases ride on records pulled from banks, merchants, and sometimes devices, and the way that evidence was gathered can be challenged. Restitution and a path to a reduction or diversion are also on the table in the right case, especially for a first offense with a modest amount, and shaping that outcome early is part of the work.
Common Questions
When is credit card fraud a felony in Florida?
Fraudulent use of a credit card becomes a third-degree felony when the value obtained reaches $100 or more in any six-month period, or when the card is used two or more times. Below that, it is generally a first-degree misdemeanor. Intent to defraud is required in either case.
What is dealing in credit cards of another?
It is a separate offense under section 817.54 for buying, selling, or transferring a credit card of another person without consent and with intent to defraud. It is charged as a felony and often appears alongside fraudulent-use counts.
What does the State have to prove?
That you used or trafficked in the card with intent to defraud, and without authorization. Intent and authorization are the pressure points, because a real dispute over permission, a shared account, or mistaken identity can defeat the charge.
Can these stack into bigger charges?
Yes. Repeated card use can be aggregated, charged across multiple counts, and folded into a scheme-to-defraud or identity-theft case, which raises the exposure quickly. How the State counts and aggregates is often contestable.
Is mistaken identity a real defense?
In card cases, frequently. Much of the proof is circumstantial, built on receipts, video, and account records, and identity can be in real doubt. Testing whether the State can place the card in your hands is central.
Related: White collar and fraud overview, Identity theft, Scheme to defraud and organized fraud, Theft and economic crimes, and About Rory Safir.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. These offenses are governed by chapters 817, 831, 895, and 896, and section 775.0844, Florida Statutes, and many of the same facts can also draw federal charges, so the exposure should be confirmed against current state and federal law. Every case turns on its own facts, and past results do not guarantee a similar outcome.
