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Florida Statute 817.02 - Full Text and Legal Analysis Florida Statute 817.02 | Lawyer Caselaw & Research
Fla. Stat. § 817.02 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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 BYF · 3rd
§817.02FRAUD-IMPERSONOBTAIN PROPERTY BYM · 1st
§817.02FRAUD-IMPERSONOBTAIN PROPERTY BYM · 2nd

Cases Citing F.S. 817.02

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·Schubot v. McDonalds Corp., 757 F. Supp. 1351 (S.D. Fla. 1990).

Cited 17 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 18129, 1990 WL 264487

...strict of Florida. The Complaint Plaintiffs complaint is in five counts. 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.Stat....
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·Banderas v. Banco Cent. Del Ecuador, 461 So. 2d 265 (Fla. 3d DCA 1985).

Cited 10 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 107

...The defendants put on no evidence in their behalf. 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....
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Cited as authorityAllocco v. City of Coral Gables (2002)
Cited (see also)Boyd v. State (1991)
phrase: "see also"
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·Sec. Ins., Etc. v. Investors Divers. Ltd., 407 So. 2d 314 (Fla. 4th DCA 1981).

Cited 7 times | Published | Florida 4th District Court of Appeal

...Fifth Circuit Court of Appeal in David R. Balogh, Inc. v. Pennsylvania Millers Mutual Fire Insurance Company, 307 F.2d 894 (5th Cir.1962). I would adopt the reasoning in that case here and reverse. 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 party so personated, with intent to convert t...
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·Ivana Vidovic Mlinar v. United Parcel Serv., Inc., 186 So. 3d 997 (Fla. 2016).

Cited 4 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 76, 2016 Fla. LEXIS 446, 2016 WL 825261

...- 12 - 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 817.02, Florida Statutes (2015); unauthorized publication of name or likeness under section 540.08, Florida Statutes (2015); and violating Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) under chapter 501, Florida Statutes (2015)....
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·Kalmanson v. Nofziger (In Re Nofziger), 361 B.R. 236 (Bankr. M.D. Fla. 2006).

Cited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 2006 WL 3913443

..., to obtain private medical and automobile insurance records of those witnesses that Adams then provided to Nofziger, who gave them to Donna, who, in turn, gave them to Ducote to use to Donna's benefit in the divorce in violation of Florida Statutes 817.02 [7] and 817.568....
...[5] Nofziger also argues that Kalmanson's defamation claim against her is barred by the statute of limitations. [6] Under Florida law, `[a]n actionable conspiracy requires an actionable underlying tort or wrong." Posner v. Essex Ins. Co., Ltd., 178 F.3d 1209, 1217 (11th Cir.1999). [7] Florida Statute 817.02 provides as follows: 817.02....
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Cited as authorityCrossman v. Burke (2021)
Cited as authorityKronk v. Anthony (2020)
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·H. L. A. v. State, 395 So. 2d 250 (Fla. 1st DCA 1981).

Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 19635

...It appears that appellant was incorrectly charged; that he should have been charged either with obtaining property by false pretenses, now embraced under the Florida Anti-Fencing Act, Sections 812.012-812.037, Florida Statutes, or with obtaining property by false impersonation, Section 817.02, or with cheating, Section 817.29....
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CitedState v. Williams (1990)
phrase: "see"

This Florida statute resource is curated by the attorney maintaining this site, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 817 matters in the context of fraud and white collar defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.