Florida Statutes
Fla. Stat. § 817.02 (2025)
Obtaining property by false personation.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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817.02 Obtaining property by false personation.—
(1) Whoever falsely personates or represents another person, and in such assumed character:
(a) Receives any property intended to be delivered to that person, with intent to convert the same to his or her own use; or
(b) To the extent not subject to s. 817.568, damages the credit history or rating of, or otherwise causes harm to, the person whose identity has been assumed through the taking of property from any person,
shall be punished as if he or she had been convicted of larceny.
(2)(a) In sentencing a defendant convicted of a violation of this section, in addition to restitution to the victim under s. 775.089, the court may order restitution for the victim’s out-of-pocket costs, including attorney fees and fees associated with services provided by certified public accountants licensed under chapter 473, incurred by the victim in clearing the victim’s credit history or credit rating, or costs incurred in connection with a civil or administrative proceeding to satisfy a debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.
(b) The sentencing court may issue such orders as are necessary to correct a public record that contains false information given in violation of this section.
(3)(a) A victim of the conduct subject to this section shall have a civil cause of action against a person who has engaged in the conduct prohibited by this section as provided in s. 772.11.
(b) For purposes of this subsection, the term “victim” includes, to the extent not already included within s. 817.568, a person whose identity was falsely personated or who suffers a loss of property as a result of the false personation.
History.—s. 49, sub-ch. 4, ch. 1637, 1868; RS 2466; GS 3321; RGS 5156; CGL 7259; s. 1244, ch. 97-102; s. 2, ch. 2015-166.
Arrestable Offenses under F.S. 817.02
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§817.02FRAUD-IMPERSONOBTAIN PROPERTY BY
§817.02FRAUD-IMPERSONOBTAIN PROPERTY BY
§817.02FRAUD-IMPERSONOBTAIN PROPERTY BY
Notes of Decisions
Cited in 5
cases, 1981–2016 · leading case: Banderas v. Banco Cent. Del Ecuador, 461 So. 2d 265 (Fla. 3d DCA 1985).
Banderas v. Banco Cent. Del Ecuador, 461 So. 2d 265 (Fla. 3d DCA 1985). “The trial court's findings of fact, conclusions of law and judgment order reflected the essential facts and found the defendants had committed the acts alleged, constituting obtaining property by false personation, § 817.02, Fla. Stat. (1981); mail fraud, 18 U.”
Schubot v. McDonalds Corp., 757 F. Supp. 1351 (S.D. Fla. 1990). “Count One alleges Fraud in the Inducement; Count Two alleges fraud generally; Count Three states that the defendants have violated Florida’s Fraudulent Practices Act, Fla.Stat. § 817.02 et seq., and Florida’s Business Opportunity Act, Fla.”
Ivana Vidovic Mlinar v. United Parcel Serv., Inc., 186 So. 3d 997 (Fla. 2016). “Bearing' this principle in mind, we now turn to the claims asserted' in the instant case. This Case Mlinar challenges the circuit court’s order dismissing - four state law claims against UPS and others, including conversion; profiting by criminal activity under section 817.”
Sec. Ins., Etc. v. Investors Divers. Ltd., 407 So. 2d 314 (Fla. 4th DCA 1981). “NOTES [1] In Florida, the particular criminal statute would appear to be Section 817.02 Florida Statutes (1979) which states in pertinent part: Whoever falsely personates or represents another, and in such assumed character receives any property intended to be delivered to the…”
H. L. A. v. State, 395 So. 2d 250 (Fla. 1st DCA 1981). “037, Florida Statutes, or with obtaining property by false impersonation, Section 817.02, or with cheating, Section 817.”
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