Fraud Florida Statute Guide: Elements and Penalties
Jason Goldsmith, Esq
Florida has no single fraud statute: the charge depends on the specific Chapter 817 section the State cites, and the alleged value can affect the offense's degree and maximum penalty. Under Florida's Communications Fraud Act, a qualifying communication involving property valued at $300 or more is a third-degree felony, while one involving less than $300 is a first-degree misdemeanor.
Could the same alleged conduct be charged as a misdemeanor or a felony? It can, depending on the statute, the value assigned to the property, and how prosecutors count the transactions. If you're trying to understand a fraud accusation, start with the statute number and subsection on the charging document. The word “fraud” alone doesn't tell you what the State must prove.
Table of Contents
Florida Fraud Statutes at a Glance
"Fraud" on a charging document is a label, not a single offense. Most fraud crimes live in Chapter 817, titled "Fraudulent Practices," within Title XLVI of Florida's criminal code. Part I covers false pretenses and frauds generally, yet related offenses appear elsewhere in the chapter and in the theft statutes. The Florida Legislature's Chapter 817 index shows just how many distinct offenses sit under that umbrella, which is why the exact section number matters before anything else.
Florida fraud offenses by statute | Statute | Core conduct | Main grading basis |
|---|---|---|---|
Communications fraud, including organized fraud | § 817.034 | Scheme to defraud carried out through communications | Dollar value of the property obtained or sought; $300 or more reaches felony level |
Obtaining property by false personation | § 817.02 | Pretending to be another person to obtain property | Value of the property obtained |
False statements to obtain property or credit | § 817.03 | False written or oral statement to obtain property or credit | Value of the property or credit obtained |
Fraudulent refunds | § 817.037 | Refund requests based on false information | Value of the refund sought or received |
False entries in business records | § 817.15 | Making false entries in business records | Degree set by the offense itself, not scaled to a dollar amount |
Fraudulent acts involving Department of State matters | § 817.155 | False representations in state-related filings | Degree set by the offense itself, not scaled to a dollar amount |
Credit card fraud | §§ 817.60–817.67 | Obtaining, using, receiving, or altering credit card items | Which subsection is charged, plus the amount and statutory time period |
Insurance fraud | § 817.234 | False or misleading insurance claims | Dollar value of the claim or property involved |
Theft by deception and related theft | § 812.014 | Obtaining property with intent to deprive the owner | Dollar value of the property taken, which separates petit theft from felony theft |
The fourth column is the part worth reading twice. For the value-based offenses, the same accusation can climb from a misdemeanor to a felony purely because of how the State counts the money, and each statute totals it differently. For the fixed-grade offenses, the degree is written into the statute, so the fight centers on the conduct rather than the arithmetic.
The statute number works like an address. Two accusations that sound identical in plain language, such as a disputed refund or a false statement on an application, can live at different citations with different elements attached.
Start by identifying three things on the paperwork: what conduct is alleged, what property or benefit changed hands or was sought, and which subsection the State cited. Match those facts to the table, then read the statute's own text, because the subsection controls which grading rule applies. An accusation involving a prescription raises separate issues covered on our Florida prescription fraud defense page. Everyday descriptions like "fake claim" or "phony refund" can point to entirely different statutes.
Core Elements the State Must Prove
The general label “fraud” doesn't establish what the State has to prove. Florida's Chapter 817 offenses have different elements and penalties, so the precise accusation, alleged representation, property or benefit, and subsection matter. The Florida statutes' Chapter 817 index identifies multiple offenses, and the State must prove the elements of the charged offense beyond a reasonable doubt.
The five concepts shown in the infographic are useful prompts, but they aren't a universal checklist that applies identically to every Florida fraud charge. For example, a particular statute may focus on a false statement and the defendant's intent, while another may require a communication made to advance a scheme. The applicable subsection controls.
In many fraud investigations, these questions help organize the evidence:
What was allegedly deceptive? Identify the specific statement, document, omission, or conduct the State says was false. A disputed invoice isn't automatically fraud if the evidence supports an honest billing error.
What did the accused know and intend? A mistake, misunderstanding, or genuine disagreement may differ from knowingly trying to obtain property through deception. Intent is assessed from the evidence, not just from the fact that someone lost money.
Was a specific act required? Some statutes focus on making a statement or using a communication. For a communications-fraud allegation, the particular messages and their connection to the alleged scheme can matter.
What property or benefit was sought or obtained? The State's theory should identify the money, property, credit, refund, or other benefit at issue.
How does the alleged conduct connect to that property? A false statement that didn't lead to a transfer may present a different issue from a statement the State claims caused someone to hand over money.
Practical rule: For each count, ask which element the State has documented and which element remains disputed.
The elements for a charge under § 817.034 shouldn't automatically be applied to charges under §§ 817.02, 817.03, or another statute. If you're trying to understand allegations involving an alleged scheme, our explanation of organized scheme to defraud charges can help you identify the issues to discuss with counsel.
Communications Fraud and Dollar-Value Bands
Section 817.034 addresses communications made in furtherance of a scheme to defraud when the person intends to obtain property. It sets a threshold for each qualifying communication: if the property obtained or sought is valued at $300 or more, that communication is classified as a third-degree felony; if the value is less than $300, it's a first-degree misdemeanor. The Florida Communications Fraud Act therefore requires attention to the specific communications, not just a total figure for the overall accusation.
Value band | Classification | Statute reference |
|---|---|---|
Single communication valued at $300 or more | Third-degree felony | § 817.034, communications fraud |
Single communication valued under $300 | First-degree misdemeanor | § 817.034, communications fraud |
Organized fraud, $50,000 or more in aggregate property obtained | First-degree felony | § 817.034, organized fraud |
Organized fraud, $20,000 to under $50,000 in aggregate property obtained | Second-degree felony | § 817.034, organized fraud |
Organized fraud, under $20,000 in aggregate property obtained | Third-degree felony | § 817.034, organized fraud |
Organized fraud is a related but distinct offense. It requires proof that the accused engaged in a scheme to defraud and obtained property through that scheme. Its grading uses the aggregate value obtained, so the State's proposed total can affect the degree of the charge.
Consider a hypothetical involving ten emails, each seeking $250. The value attributed to each qualifying communication and the value attributed to an alleged organized scheme raise separate grading questions. The prosecution's theory must be checked against the communications, the property sought or received, and the applicable statutory language; adding amounts together doesn't automatically answer whether a particular count is properly graded.
A transaction map can make the disagreement concrete. For every alleged victim or payment, record the date, amount, recipient, supporting document, and the reason the State connects that transaction to the alleged scheme. Then ask three questions about the valuation: Which transactions are included? Who received the money? How was the value calculated? Disputed amounts or transactions that don't belong in the alleged scheme can affect the organized-fraud valuation and the defense strategy.
Credit Card, Insurance and Theft Thresholds
A fraud accusation can change level when the State changes the statute or the arithmetic. Credit-card allegations are the clearest example: Chapter 817, Part II splits card conduct into separate provisions, so getting a card by false statements is different conduct from using it, receiving the proceeds, altering an invoice, or keeping a skimming device. The Florida Legislature's credit-card fraud index lists provisions addressing:
Getting a card through fraudulent means under § 817.60.
Fraudulent use of a credit card under § 817.61.
Receiving money or property obtained through fraudulent use under § 817.64.
Altering a credit-card invoice under § 817.645.
Using, possessing, or producing certain scanning, skimming, or reencoding devices under § 817.625.
Statutory defenses and presumptions under §§ 817.65 and 817.66, with a separate penalties section at § 817.67.
Read the charge by asking which provision the accusation belongs in before asking how much money is involved. A use count under § 817.61 turns on value during the statutory six-month window, while an insurance count under § 817.234 and a theft count under § 812.014 use their own dollar bands. The same disputed payment can look minor under one theory and more serious under another.
Conduct and value | Classification | Statute |
|---|---|---|
Fraudulent use of a credit card, $100 or more within six months | Third-degree felony | § 817.61 |
Fraudulent use of a credit card, under $100 within six months | First-degree misdemeanor | § 817.61 |
Insurance fraud, under $20,000 | Third-degree felony | § 817.234 |
Petit theft, under $100 | First-degree misdemeanor | § 812.014 |
Theft, $100 to under $750 | First-degree misdemeanor | § 812.014 |
Grand theft, $750 to under $20,000 | Third-degree felony | § 812.014 |
Two checks keep the table from being misread. The dollar amount is the doorway into a classification, and the subsection plus the timing rule decide which doorway applies. Two card transactions below $100 may be treated as one period's total if the State places them inside the same six months, or as separate conduct if it cannot. Ask for the statement, claim file, or receipt behind each number before accepting the State's total. If property loss is also alleged, compare that amount theory with the Florida theft statute.
Reading Sample Charging Language
A charging document is the State's written accusation. A simplified sample count might read:
“The defendant did unlawfully engage in a scheme to defraud [named person] and obtain property valued at [stated amount] by communicating with that person in furtherance of the scheme, contrary to section 817.034, Florida Statutes, [subsection and degree].”
Florida's official text for § 817.034 and organized fraud grading sets out the aggregate-value bands for organized fraud. It also makes transaction mapping important: the State's total should be assessed against the alleged victims, payments, dates, property values, and connections to the scheme.
Review the count in a deliberate order:
Find the statute and subsection. They identify the law the State says was violated and the language that defines the charge.
Check the stated degree against the alleged value. A mismatch between the amount and the grading theory is a point to raise with counsel promptly.
Identify the alleged victim, date, and communication. Those details help show what act the count is based on.
Test the valuation. Check which transactions are included, who received the money, and how the State calculated the amount.
Look for the alleged connection between the representation and the property. The count should identify the State's theory of how the scheme led to property being obtained.
Compare the allegations with discovery. Bank records, messages, invoices, and other documents can confirm or contradict the dates, amounts, and conduct described.
Flag counts that appear to duplicate each other. If counts rely on the same conduct, ask counsel to assess whether each count is supported by a distinct legal basis.
A charging label doesn't resolve these questions. If you're also sorting out whether a document allegation involves a different offense, you can review our information about forgery and uttering.
Penalties by Degree and Collateral Consequences
Two people can face the same accusation and still carry different exposure because the degree follows the statute cited and the dollar value the State claims it can prove. The degree listed on a charge sets an important part of the potential exposure, but it doesn't tell you what sentence a court will impose. The specific statute, subsection, and applicable sentencing provisions must be checked together. The maximum jail or prison terms and fines for each classification are set by §§ 775.082 and 775.083, so check those provisions for the exact limits that apply to the charged offense.
A statutory maximum is a ceiling, not a prediction. The actual result can depend on the conviction offense, the Criminal Punishment Code scoresheet where applicable, prior record, the evidence, and any plea or other agreed resolution. A court may also order restitution when a victim suffered a loss, in addition to any fine.
The effects can extend beyond the sentence. A criminal record may raise issues with employment screening, professional licensing, housing, firearm rights, immigration status for non-citizens, and the consequences of future charges. The impact depends on the person's circumstances and the specific outcome, so discuss those issues with counsel rather than assuming every case has the same consequences. For a plain-language overview of felony classifications, see our page on felonies in Florida.
If you're already on probation or community control, a new accusation can also open a separate violation track while the fraud case is still pending. Ask your attorney which degree is charged, what sentencing range applies, how the claimed amount moves the case between misdemeanor and felony exposure, and which collateral consequences are relevant to you.
Defenses That Attack the Elements
A defense doesn't have to begin with a claim that nothing happened. It can focus on whether the State can prove the charged element, whether the law matches the alleged conduct, or whether the amount used to grade the offense is supported by the records.
An honest dispute may point away from criminal intent. Contracts, invoices, correction notices, and communications about a disagreement can help show that a billing issue or failed transaction was a mistake or civil dispute rather than a deliberate scheme.
The State may not have identified a deceptive scheme. Business records, messages, and the full sequence of events can help test whether the alleged conduct was actually deceptive, rather than being described as fraud after a transaction went wrong.
The alleged statement may not have caused the transfer. Payment records, contracts, and communications can help establish what prompted the other person to act, and whether the State's claimed connection between a statement and property is supported.
The accused may not have controlled the account or device. Login histories, device records, access logs, and account ownership documents can help investigate whether the person charged made the communication or carried out the transaction.
The amount or transaction list may be wrong. Receipts, bank statements, invoices, refund records, and victim-by-victim transaction lists can reveal arithmetic errors, disputed amounts, unrelated transactions, or property that wasn't obtained through the alleged scheme.
The cited statute may not fit the accusation. Compare the charging document with the specific conduct, such as alleged card use, receipt of proceeds, invoice alteration, or use of a device. Those facts may raise different statutory questions.
The timing or collection of evidence may be challenged. Timestamp records may help assess whether the alleged events fall within a statutory period. If investigators seized phones, computers, or financial records, counsel can review how the evidence was obtained and whether a search or seizure raises a legal issue.
No particular defense guarantees a result. Depending on the evidence, a case may resolve through a reduction, dismissal, or negotiated plea, but each possibility depends on the facts and applicable law. The defense is built by reviewing the charging document and discovery, then testing the State's theory against the records and legal elements.
Frequently Asked Questions About Florida Fraud Charges
Is every Florida fraud charge a felony?
No. Under § 817.034, communications fraud involving property valued below $300 is a first-degree misdemeanor, while qualifying communications involving property valued at $300 or more are third-degree felonies. The classification depends on the statute and the alleged value.
Can an honest billing dispute become a criminal fraud case?
The State must prove the elements of the offense it charged. Whether a dispute supports a fraud charge depends on evidence of the alleged deception, intent, and any other required elements. Contracts, invoices, and messages may help explain what happened.
Does a fraud conviction appear on background checks?
A criminal record can affect employment, licensing, housing, and other parts of someone's life. The consequences depend on the circumstances and the outcome of the case.
Can restitution be ordered even for a misdemeanor?
Restitution may be ordered when a victim suffered a loss, in addition to any fine.
Can charges be reduced or dismissed?
Some cases resolve through a reduction, dismissal, or negotiated plea. No outcome can be promised; the evidence and applicable law control.
Should I contact a lawyer before the first court date?
Early review of the charging document and discovery can help protect your rights and keep deadlines in view. A consultation is a sensible first step.
Confirm the Charge Before You Act
If you've been accused, take practical steps without trying to resolve the case on your own:
Write down the exact statute and subsection. Check the arrest report, notice to appear, or charging document so you're discussing the actual accusation.
Record every court date and deadline. Keep the paperwork together and make a calendar entry for each date.
Preserve the original records. Keep transaction records, invoices, messages, and statements in their existing form; don't edit or delete them.
Avoid discussing the allegations. Don't discuss the case with investigators, alleged victims, or co-accused people before speaking with counsel.
Arrange a legal review. Have a Florida criminal defense attorney compare the count with the available discovery and the evidence.
The right answer depends on the statute, the value the State alleges, and the evidence supporting each element. A general article can't determine whether a specific charge is valid or what outcome is possible.
Ticket Shield, PLLC is a Florida criminal defense firm led by Attorney Jason S. Goldsmith, a former prosecutor. Based in Broward County and serving clients across Florida, the firm defends fraud-related and theft-related accusations, including prescription fraud and dealing in stolen property charges, and offers free consultations to review a charge early.
If you're facing a Florida fraud charge, Ticket Shield, PLLC can review the statute, valuation, and evidence with you. Contact Ticket Shield, PLLC to discuss your accusation and arrange a free consultation.
