Florida Statute 817.02 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 817.02

Annotations, Discussions, Cases:

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

Cases Citing Statute 817.02

Total Results: 6

Schubot v. McDonalds Corp.

757 F. Supp. 1351, 1990 U.S. Dist. LEXIS 18129, 1990 WL 264487

District Court, S.D. Florida | Filed: Dec 26, 1990 | Docket: 1295534

Cited 17 times | Published

Florida's Fraudulent Practices Act, Fla.Stat. § 817.02 et seq., and Florida's Business Opportunity Act

Banderas v. Banco Cent. Del Ecuador

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

District Court of Appeal of Florida | Filed: Jan 2, 1985 | Docket: 464651

Cited 10 times | Published

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

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

407 So. 2d 314

District Court of Appeal of Florida | Filed: Dec 15, 1981 | Docket: 1515381

Cited 7 times | Published

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

Ivana Vidovic Mlinar v. United Parcel Service, Inc.

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

Supreme Court of Florida | Filed: Mar 3, 2016 | Docket: 3041227

Cited 4 times | Published

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

Kalmanson v. Nofziger (In Re Nofziger)

361 B.R. 236, 2006 WL 3913443

United States Bankruptcy Court, M.D. Florida | Filed: Nov 27, 2006 | Docket: 1505697

Cited 2 times | Published

178 F.3d 1209, 1217 (11th Cir.1999). [7] Florida Statute 817.02 provides as follows: 817.02. Obtaining

H. L. A. v. State

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

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 64581009

Published

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