Identity theft in Florida is prosecuted under section 817.568, the criminal use of personal identification information. The conduct it reaches is using, or possessing with intent to use, another person’s identifying information without consent and with intent to defraud. Personal identification information is defined broadly, covering names, numbers, and other data that can identify a specific person, which is why this charge attaches to everything from a single misused card number to a large data breach.
It is one of the most aggressively prosecuted financial crimes in the state because it touches banks, credit agencies, and ordinary victims at the same time. The penalties climb steeply, and they climb in two directions at once, by the dollars involved and by the number of people affected.
How the Penalties Climb
The base offense is a third-degree felony. From there the statute escalates on whichever measure is worse, the money or the victim count, and it bolts on mandatory minimum prison terms at the higher tiers. That structure means a case with a modest dollar figure can still be charged as a first-degree felony if the State alleges enough victims.
| Amount or victims | Degree | Mandatory minimum |
|---|---|---|
| Base case, below the thresholds | Third-degree felony, up to 5 years | None |
| $5,000 or more, or 10 to 19 victims | Second-degree felony, up to 15 years | 3 years |
| $50,000 or more, or 20 to 29 victims | First-degree felony, up to 30 years | 5 years |
| $100,000 or more, or 30 or more victims | First-degree felony | 10 years |
A $1,001 surcharge applies. The offense is reclassified upward when the offender impersonates law enforcement or a bank, when a public record is used, and when the victim is 60 or older, disabled, a public servant, a veteran, a first responder, or a government employee.
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.
Consent and the Knowledge Element
The statute is built around the absence of consent, and that is also where one of the strongest defenses lives. Consent to use another person’s identification information is a defense, and Florida courts have recognized that where a defendant had permission, or reasonably believed he did, the allegation can fail. Shared accounts, family arrangements, and authorized business use all raise genuine consent questions that the State has to overcome.
The use also has to be willful and fraudulent. A person who possessed information for a lawful reason, or who did not intend to defraud, is not within the statute, and separating authorized use from criminal use is often the whole case. Harassment by use of identification information, a related subsection, is a misdemeanor, which matters when the State overreaches on the degree.
What Counts, and the Related Offenses
Personal identification information is defined broadly, reaching any name or number that can identify a specific person alone or combined with other data, which is why a single misused account number and a stolen batch of records fall under the same statute. The statute also spins off a family of related offenses, and the degree can shift depending on which one the State charges.
Possessing or using counterfeit or fictitious identification information is its own third-degree felony. Using the information of a deceased person or a dissolved business is charged separately. Using a public record to further the offense reclassifies it upward, and harassment by use of identification information, by contrast, is only a misdemeanor. Venue is generous to the State, since a case can be brought in any county where an element occurred or where the victim resides. Reading which subsection truly fits the facts is often the first place a charge can be pulled down a degree.
How an Identity Case Is Defended
Beyond consent and intent, these cases are won or lost on the evidence. The proof is almost always digital, drawn from phones, laptops, and online accounts, and that evidence generally requires a warrant. A warrantless search, a warrant that swept too broadly, or a device search that exceeded its scope can be challenged, and when the digital evidence is suppressed the case often cannot stand.
Identity is also literally at issue. Much of the State’s proof is circumstantial, tying a person to an account or a transaction through inference, and testing whether the State can place the defendant behind the keyboard or the counter is central. Where the dollars or the victim count are inflated, challenging the aggregation can pull the charge down a degree and out of a mandatory minimum.
Common Questions
What is identity theft under Florida law?
Section 817.568 makes it a crime to fraudulently use, or possess with intent to use, another person's personal identification information without consent. Personal identification information is broad, covering names, numbers, and other identifiers that can single out a specific person.
Is consent a defense?
Yes. Consent to use another person's identification information is a defense under the statute. Where a person had permission, or reasonably believed they did, that goes to the heart of the charge, and Florida courts have recognized it as a defense worth developing.
How do the penalties increase?
By dollars or by victims. The base offense is a third-degree felony. It rises to a second-degree felony at $5,000 or 10 victims, to a first-degree felony at $50,000 or 20 victims, and mandatory minimum prison terms attach at the higher tiers, reaching ten years at $100,000 or 30 victims.
What if the victim is elderly or a first responder?
The statute reclassifies the offense upward when the victim is 60 or older, a disabled adult, a public servant, a veteran, a first responder, or a government employee, and again when the offender pretended to be law enforcement or a bank. These add-ons can raise the degree before the dollar figure is even reached.
Is digital evidence challengeable?
Often, yes. These cases lean on phones, computers, and accounts, and that evidence usually requires a warrant. If the search was warrantless or the warrant was overbroad, the evidence can be challenged, and suppression can take the case apart.
Related: White collar and fraud overview, Credit card fraud, Search and seizure, 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.
