Last updated December 2025
Florida aggressively prosecutes credit card theft, treating stolen cards, card numbers, or account information as serious felony offenses. Even possessing someone else’s credit card without permission — even if not used — can result in arrest.
These cases often arise from wallet thefts, vehicle break-ins, online transactions, workplace access, or misunderstandings between family members or roommates. In Broward and Miami-Dade, police commonly stack credit card theft with additional fraud or theft charges to increase leverage.
Here’s what you need to know about Florida’s credit card theft laws and how these cases are fought.
⚖️ What Counts as Credit Card Theft in Florida?
Under Fla. Stat. § 817.60, credit card theft includes:
✔ Taking someone else’s credit or debit card
without their consent.
✔ Possessing a card you know was lost, misdelivered, or stolen
✔ Possessing or using someone else’s card number
even without the physical card.
✔ Selling or transferring a credit card
without the owner’s approval.
✔ Holding multiple cards belonging to different people
which often triggers additional fraud allegations.
Credit card theft is usually charged as a third-degree felony punishable by:
Up to 5 years in prison
Up to 5 years probation
$5,000 in fines
These cases often run parallel to grand theft, intent-to-defraud, and scheme-to-defraud prosecutions.
🔗 Common Charge Combinations
Credit card theft rarely appears alone. Prosecutors frequently stack it with:
1️⃣ Fraudulent Use of Credit Card
Using a stolen card — even for a small purchase — can be a separate felony.
2️⃣ Scheme to Defraud / Organized Fraud
When multiple transactions or multiple victims are involved.
3️⃣ Grand Theft
If the total value of unauthorized purchases exceeds $750.
4️⃣ Identity Theft
If personal identifying information was accessed or used.
5️⃣ Dealing in Stolen Property
If the card was sold or exchanged.
This stacking pattern mirrors what we see in grand theft combination cases and other financial-crime prosecutions.
🚨 How Police Build Credit Card Theft Cases
Investigators often rely on:
Surveillance from stores
Bank and merchant records
IP logs from online purchases
Text messages and digital communications
Cell-phone searches (often challenged in cell-phone search cases)
Statements from store employees
Fingerprints on recovered cards
Video from ATMs or self-checkout kiosks
But these cases often contain substantial gaps, including mistaken identity, mixed wallets, or cards found in shared vehicles — similar to issues in constructive possession.
🛑 Common Scenarios That Lead to Wrongful Arrest
You can be charged with credit card theft even if you:
Picked up a misplaced wallet
Held a friend or family member’s card with permission (but no proof)
Borrowed a wallet or purse
Possessed a card left in a shared vehicle
Were unaware a card was in a stolen purse or bag
Purchased something online for someone else
Had a card mixed in with property during a police search
These cases often involve assumptions — not evidence.
🛡️ Defenses to Credit Card Theft Charges
At Michael White, P.A., we pursue defenses such as:
✔ Lack of Knowledge
You didn’t know the card was stolen — the State must prove knowledge.
✔ Lack of Intent to Defraud
Possessing a card is not the same as intending to use it.
✔ Permission / Authorization
Often an issue in family or roommate situations.
✔ Constructive Possession Problems
Multiple people may have had access to the card.
✔ Misidentification
Surveillance video is often low quality — similar to mistaken identity cases.
✔ Illegal Search or Seizure
If police found the card during an unlawful search, we challenge it via a motion to suppress.
✔ Insufficient Evidence
State cannot rely on assumptions about use or intent.
🚨 Speak With a Fort Lauderdale Criminal Defense Lawyer Today
Credit card theft charges can lead to steep penalties — but many of these cases are built on assumptions, not evidence.
Contact Michael White, P.A. today to challenge the allegations, protect your record, and fight for the best outcome.
❓ FAQs — Credit Card Theft in Florida
1. Is credit card theft a felony in Florida?
Yes. It is typically a third-degree felony under § 817.60.
2. Do I have to use the card to be charged?
No. Possession alone can be enough if the State claims you knew it was stolen.
3. Can multiple cards lead to multiple charges?
Yes — especially if cards belong to different people.
4. Can credit card theft be combined with fraud charges?
Yes — often paired with fraudulent use, identity theft, or scheme to defraud.
5. Can these charges be dismissed?
Yes. Many cases fall apart due to knowledge, intent, or search-and-seizure problems.