Scheme to defraud is the workhorse fraud charge in Florida. Under section 817.034, the Florida Communications Fraud Act, a person who engages in a scheme to defraud and obtains property commits organized fraud, and a person who communicates with someone in furtherance of that scheme to obtain property commits communications fraud. A scheme to defraud is a systematic, ongoing course of conduct with intent to defraud, which is what separates it from a single theft.
The statute was written to let prosecutors reach modern, multi-victim schemes, and it gives them powerful tools: the value is aggregated, each communication can be its own count, and the whole thing can be enhanced under the aggravated white collar statute. That is why a case that started as one dispute can arrive as a thick stack of felony counts.
How the Degree Is Set
Organized fraud is graded by the aggregate value of the property obtained, and the values across the scheme are added together rather than taken one at a time. Defrauding many people of small amounts can carry the same degree as defrauding one person of a large amount, which is the point of the aggregation rule and also its weakness, because the calculation is often contestable.
| Charge and trigger | Degree | Maximum |
|---|---|---|
| Organized fraud, property under $20,000 | Third-degree felony | Up to 5 years |
| Organized fraud, $20,000 to under $50,000 | Second-degree felony | Up to 15 years |
| Organized fraud, $50,000 or more | First-degree felony | Up to 30 years |
| Communications fraud, each communication under $300 | First-degree misdemeanor | Up to 1 year |
| Communications fraud, each communication $300 or more | Third-degree felony | Up to 5 years |
A 2024 amendment reclassifies these offenses upward when the victim is 65 or older, a minor, or a person with a disability, and it added a civil action for misuse of a person’s image or likeness. The limitations period is generally five years.
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.
Where the Counts Multiply
Two features of the statute drive the count total. First, communications fraud is charged per communication, so a scheme carried out over a dozen emails can become a dozen counts. Second, the aggravated white collar enhancement under section 775.0844 can be added when at least two related white-collar offenses in a connected scheme obtain $50,000 or more, which is a first-degree felony on its own with a fine up to $500,000 or double the gain or loss.
There are limits. Florida courts treat grand theft as a lesser offense inside organized fraud, so a defendant cannot be convicted of both for the same conduct, and where that happens the grand theft conviction is the one set aside. Florida courts have also allowed conviction of the aggravated white collar enhancement together with its predicate crimes, the same way racketeering works, so the stacking question has to be worked out count by count.
What the State Must Prove
The elements are narrower than the breadth of the statute suggests. To convict of organized fraud the State must prove two things beyond a reasonable doubt: that the defendant engaged in a scheme to defraud, and that he obtained property as a result. The first element carries the weight, because a scheme to defraud is defined as a systematic, ongoing course of conduct with intent to defraud, not a single act and not a one-time misrepresentation that happened to cause a loss.
That definition is the dividing line. The statute was written to consolidate the older fraud laws and to let prosecutors borrow from the body of law built around federal mail and wire fraud, which means the systematic and ongoing nature of the conduct is essential, not incidental. A single deal, even a dishonest one, is a theft or a false-pretenses case, not organized fraud. Pinning the State to the systematic-course requirement, and to real proof of intent rather than hindsight, is the spine of the defense.
How a Scheme-to-Defraud Case Is Defended
Intent is the center of gravity. The State has to prove a systematic course of conduct with intent to defraud, and there is a real difference between fraud and a business that failed, a contract that soured, or a promise that could not be kept. Building out the legitimate explanation, the records that show good faith, and the absence of concealment goes straight at the element the State most needs. Florida courts have also recognized advice of counsel as a defense to specific-intent crimes like scheme to defraud, so a person who relied in good faith on a lawyer’s guidance about a transaction has a real argument against the intent the State must prove.
Value is the second front, because the degree and the sentence ride on the aggregate figure. Testing how the State counted, whether items were double-counted, whether returns or offsets were ignored, and whether the alleged total is supported by evidence can move the case down a degree or knock out counts. The third front is the evidence trail itself, since these cases are built on records and digital accounts that often came from searches and subpoenas worth challenging.
Common Questions
What is the difference between grand theft and organized fraud?
Grand theft is a single taking. Organized fraud under section 817.034 requires a systematic, ongoing course of conduct with intent to defraud. Florida courts treat grand theft as a lesser offense inside organized fraud, so a person cannot be convicted of both for the same conduct, and the grand theft conviction is set aside when that happens.
How is the degree decided?
By the aggregate value of the property obtained. Under $20,000 is a third-degree felony, $20,000 to under $50,000 is a second-degree felony, and $50,000 or more is a first-degree felony. The values across the scheme are added together, which is why the amount the State alleges is so often the real fight.
What is communications fraud?
It is a separate offense for each act of communication made in furtherance of a scheme to defraud with intent to obtain property. Each email, call, or message can be its own count. Under $300 per communication is a first-degree misdemeanor, and $300 or more is a third-degree felony.
Does the State have to prove the scheme succeeded?
For organized fraud the State has to prove a scheme to defraud and that property was obtained. Intent to defraud is the heart of it, and a deal that went bad, a dispute over a contract, or an honest business failure is not the same as a scheme to defraud. That line is where many of these cases are defended.
Can the value be challenged?
Yes, and it often should be. Because the degree and the sentence track the aggregate value, disputing how the State calculated it, what counts, and whether items were double-counted can move a case down a full degree.
Related: White collar and fraud overview, Theft and economic crimes, Money laundering, Racketeering and RICO, 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.
