Florida Statute 817.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.02

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.

F.S. 817.02 on Google Scholar

F.S. 817.02 on Casetext

Amendments to 817.02

Arrestable Offenses / Crimes under Fla. Stat. 817.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.02 - FRAUD-IMPERSON - OBTAIN PROPERTY BY - F: T

S817.02 - FRAUD-IMPERSON - OBTAIN PROPERTY BY - M: F

S817.02 - FRAUD-IMPERSON - OBTAIN PROPERTY BY - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 817.02

Total Results: 13

Ivana Vidovic Mlinar v. United Parcel Service, Inc.

Court: Supreme Court of Florida | Date Filed: 2016-03-03

Citation: 186 So. 3d 997, 41 Fla. L. Weekly Supp. 76, 2016 Fla. LEXIS 446, 2016 WL 825261

Snippet: conversion; profiting by criminal activity under section 817.02, Florida • Statutes (2015); unauthorized publication

In Re Standard Jury Inst. in Crim. Cases-Report 2007-01

Court: Supreme Court of Florida | Date Filed: 2007-08-30

Citation: 965 So. 2d 811, 32 Fla. L. Weekly Supp. 530, 2007 Fla. LEXIS 1535, 2007 WL 2438370

Snippet: cable operation or other communication service. *817 2. (Defendant)did not have the express authorization

Sheets v. Palmer

Court: District Court of Appeal of Florida | Date Filed: 2005-12-14

Citation: 917 So. 2d 246, 2005 WL 3403620

Snippet: operation of these statutory provisions. See § 733.817(2)(d), Fla. Stat. (1995) ("A direction against apportionment

NATIONSBANK, NA v. Brenner

Court: District Court of Appeal of Florida | Date Filed: 2000-04-19

Citation: 756 So. 2d 203, 2000 Fla. App. LEXIS 4550, 2000 WL 390405

Snippet: and the trust which is required by section 733.817(2)(d), Florida Statutes (1997), to avoid the effect

Polakoff v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-08-08

Citation: 586 So. 2d 385, 1991 WL 148349

Snippet: specific prohibited intent (sections 812.014(1); 817.02; 817.03; and 817.034(3)(d), Florida Statutes).

Tarbox v. Palmer

Court: District Court of Appeal of Florida | Date Filed: 1990-08-22

Citation: 564 So. 2d 1106, 1990 WL 70612

Snippet: the tax" as that term is defined in section 733.817(2)(c), Florida Statutes (1989), and thus estate taxes

Field v. Perry

Court: District Court of Appeal of Florida | Date Filed: 1990-05-31

Citation: 564 So. 2d 504, 1990 Fla. App. LEXIS 3918, 1990 WL 71770

Snippet: to the authority in sections 403.061(7) and 403.817(2), Florida Statutes, the Department of Environmental

STATE, DEPT. OF ENVIRON. REGULATION v. CP Developers, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-08-24

Citation: 512 So. 2d 258, 12 Fla. L. Weekly 2052, 1987 Fla. App. LEXIS 10066

Snippet: Administrative Code Rule 17-4.022(8). Section 403.817(2), Florida Statutes, authorizes DER to promulgate

Banderas v. Banco Cent. Del Ecuador

Court: District Court of Appeal of Florida | Date Filed: 1985-01-02

Citation: 461 So. 2d 265, 10 Fla. L. Weekly 107

Snippet: constituting obtaining property by false personation, § 817.02, Fla. Stat. (1981); mail fraud, 18 U.S.C. § 1341

Residential Communities of America, Inc. v. State, Department of Environmental Regulation

Court: District Court of Appeal of Florida | Date Filed: 1984-04-13

Citation: 448 So. 2d 1155, 1984 Fla. App. LEXIS 12700

Snippet: “dominant” for DER to have jurisdiction, section 403.817(2), Fla.Stat. (1981), that the rule is deprived of

Security Ins., Etc. v. Investors Divers. Ltd.

Court: District Court of Appeal of Florida | Date Filed: 1981-12-15

Citation: 407 So. 2d 314

Snippet: particular criminal statute would appear to be Section 817.02 Florida Statutes (1979) which states in pertinent

H. L. A. v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-03-11

Citation: 395 So. 2d 250, 1981 Fla. App. LEXIS 19635

Snippet: obtaining property by false impersonation, Section 817.02, or with cheating, Section 817.29. Compare State

Campbell v. State

Court: Supreme Court of Florida | Date Filed: 1926-07-27

Citation: 109 So. 809, 92 Fla. 775

Snippet: ed. by Curwood; Roscoe, Cr. Ev. 7th Am. ed. p. 817; 2 Whart Crim. Law, Sec. 2211; 2 Arch. Crim. Pr.