Florida Statute 817.034 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

View Entire Chapter

F.S. 817.034

817.034 Florida Communications Fraud Act.—

(1) LEGISLATIVE INTENT.—

(a) The Legislature recognizes that schemes to defraud have proliferated in the United States in recent years and that many operators of schemes to defraud use communications technology to solicit victims and thereby conceal their identities and overcome a victim’s normal resistance to sales pressure by delivering a personalized sales message.

(b) It is the intent of the Legislature to prevent the use of communications technology in furtherance of schemes to defraud by consolidating former statutes concerning schemes to defraud and organized fraud to permit prosecution of these crimes utilizing the legal precedent available under federal mail and wire fraud statutes.

(2) SHORT TITLE.—This section may be cited as the “Florida Communications Fraud Act.”

(3) DEFINITIONS.—As used in this section, the term:

(a) “Communicate” means to transmit or transfer or to cause another to transmit or transfer signs, signals, writing, images, sounds, data, or intelligences of any nature in whole or in part by mail, or by wire, radio, electromagnetic, photoelectronic, or photooptical system.

(b) “Obtain” means temporarily or permanently to deprive any person of the right to property or a benefit therefrom, or to appropriate the property to one’s own use or to the use of any other person not entitled thereto.

1. Real property, including things growing on, affixed to, or found in land;

2. Tangible or intangible personal property, including rights, privileges, interests, and claims; and

3. Services.

(d) “Scheme to defraud” means a systematic, ongoing course of conduct with intent to defraud one or more persons, or with intent to obtain property from one or more persons by false or fraudulent pretenses, representations, endorsements of nonconsenting parties, or promises or willful misrepresentations of a future act.

(e) “Value” means value determined according to any of the following:

1.a. The market value of the property at the time and place of the offense, or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.

b. The value of a written instrument that does not have a readily ascertainable market value, in the case of an instrument such as a check, draft, or promissory note, is the amount due or collectible or is, in the case of any other instrument which creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation, the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

c. The value of a trade secret that does not have a readily ascertainable market value is any reasonable value representing the damage to the owner, suffered by reason of losing an advantage over those who do not know of or use the trade secret.

2. If the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $300.

3. Amounts of value of separate properties obtained in one scheme to defraud, whether from the same person or from several persons, shall be aggregated in determining the grade of the offense under paragraph (4)(a).

(4) OFFENSES.—

(a) Any person who engages in a scheme to defraud and obtains property thereby commits organized fraud, punishable as follows:

1. If the amount of property obtained has an aggregate value of $50,000 or more, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. If the amount of property obtained has an aggregate value of $20,000 or more, but less than $50,000, the person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. If the amount of property obtained has an aggregate value of less than $20,000, the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Any person who engages in a scheme to defraud and, in furtherance of that scheme, communicates with any person with intent to obtain property from that person commits, for each such act of communication, communications fraud, punishable as follows:

1. If the value of property obtained or endeavored to be obtained by the communication is valued at $300 or more, the person commits a third degree felony, punishable as set forth in s. 775.082, s. 775.083, or s. 775.084.

2. If the value of the property obtained or endeavored to be obtained by the communication is valued at less than $300, the person commits a misdemeanor of the first degree, punishable as set forth in s. 775.082 or s. 775.083.

(c) The penalty for committing an offense specified in paragraph (a) or paragraph (b) against a person age 65 years or older, against a minor, or against a person with a mental or physical disability, as defined in s. 775.0863(1)(b), shall be reclassified as follows:

1. A misdemeanor of the first degree is reclassified to a felony of the third degree.

2. A felony of the third degree is reclassified to a felony of the second degree.

3. A felony of the second degree is reclassified to a felony of the first degree.

4. A felony of the first degree is reclassified to a life felony.

(d) A person whose image or likeness was used without his or her consent in a scheme to defraud may file a civil action in a court of competent jurisdiction to recover damages caused by the use of his or her image or likeness. The remedies provided for in this paragraph shall be in addition to and not in limitation of the remedies available to any person under the common law or any other law.

(e) Notwithstanding any contrary provisions of law, separate judgments and sentences for organized fraud under paragraph (a) and for each offense of communications fraud under paragraph (b) may be imposed when all such offenses involve the same scheme to defraud.

(f) Notwithstanding any other law, a criminal action or civil action or proceeding under this section may be commenced at any time within 5 years after the cause of action accrues; however, in a criminal proceeding under this section, the period of limitation does not run during any time when the defendant is continuously absent from this state or is without a reasonably ascertainable place of abode or work within this state, but in no case shall this extend the period of limitation otherwise applicable by more than 1 year.

History.—s. 1, ch. 87-382; s. 1, ch. 2013-208; s. 1, ch. 2024-129.

F.S. 817.034 on Google Scholar

F.S. 817.034 on Casetext

Amendments to 817.034

Arrestable Offenses / Crimes under Fla. Stat. 817.034

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

S817.034 4a1 - FRAUD-SWINDLE - OBTAIN PROPERTY 50K DOLS OR MORE - F: F

S817.034 4a2 - FRAUD-SWINDLE - OBTAIN PROPERTY 20K LESS THAN 50K DOLS - F: S

S817.034 4a3 - FRAUD-SWINDLE - OBTAIN PROPERTY UNDER 20K DOLS - F: T

S817.034 4b1 - FRAUD-SWINDLE - OBTAIN PROPERTY COMMUNICATION 300 DOLS OR MORE - F: T

S817.034 4b2 - FRAUD-SWINDLE - OBTAIN PROPERTY COMMUNICATE UNDER 300 DOLS - M: F

S817.034 4b12 - FRAUD-SWINDLE - RENUMBERED. SEE REC #7069 - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 817.034

Total Results: 20

Allyn Vento v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-14T00:00:00-07:00

Snippet: BOKOR, JJ. PER CURIAM. Affirmed. See § 817.034(4)(a), Fla. Stat. (“Any person who engages in

Jane Jeischa Aldana Perez, as Personal Representative of the Estate of Jhourdan Hernandez v. Gregory Tony as Sherriff of Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-03T00:00:00-07:00

Snippet: (1) organized fraud, in violation of section 817.034(4)(a)1., Florida Statutes (2022);

CHARLIE DENNIS ALTMAN v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-12T00:53:00-07:00

Snippet: organized scheme to defraud in violation of section 817.034, and four counts of cashing or depositing item

JOSE MIGUEL CEBEZ v. DANIEL JUNIOR, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-23T00:53:00-07:00

Snippet: $50,000 or more pursuant to section 817.034(4)(a)(1), Florida Statutes (Count 5). In

Lauren Eileen Carr v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-02T00:53:00-07:00

Snippet: enumerating elements necessary to prove violation of § 817.034(4)(a)). Therefore, the good-faith defense as to

Cooks v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-28T00:00:00-07:00

Citation: 249 So. 3d 774

Snippet: in a scheme to defraud in violation of section 817.034(4)(a), Florida Statutes. The charge was premised…quot;organized fraud," proscribed by section 817.034(4)(a), as follows: (1) Engaging in or furthering…the case law, a conviction for violating section 817.034(4)(a) requires proof of more than mere theft. For

Gomez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-10T00:00:00-07:00

Citation: 220 So. 3d 495, 2017 WL 1929685, 2017 Fla. App. LEXIS 6565

Snippet: under section 817.034(4)(a) and "communications fraud" under section 817.034(4)(b). Section…depending on the value of the property. § 817.034(4)(a)1.-3. Section 817.034(4)(b) provides: "Any person …a first degree felony, in violation of section 817.034(4)(a)1,; and Counts 3-6: uttering a worthless check…a third degree felony, in violation of section 817.034(4)(a)3,; and Count 3: uttering a worthless check…section 812.014 and organized fraud under section 817.034(4)(a). The State acknowledges that dual convictions

Kingland Estates, Ltd. v. Davis

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-10T00:00:00-07:00

Citation: 170 So. 3d 825, 2015 Fla. App. LEXIS 8785, 2015 WL 3609072

Snippet: of a corporation (KEL) in violation of sections 817.034, 817.15, and 895.02(2) of the Florida Statutes;… scheme to defraud charge ... involves section 817.034(4)(a) 1., Florida Statutes (2003), which provides…willful misrepresentations of a future act.” § 817.034(3)(d), Fla. Stat. (2003). (Footnote omitted

Turner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-04T00:00:00-08:00

Citation: 159 So. 3d 279, 2015 Fla. App. LEXIS 2964, 2015 WL 895302

Snippet: of count one that Mr. Turner violated section 817.034(4)(a)(3) by obtaining property from the victim

Joel De La Osa v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-18T00:00:00-08:00

Citation: 158 So. 3d 712, 2015 Fla. App. LEXIS 2279, 2015 WL 669563

Snippet: statutes.” § 817.034(l)(b), Fla. Stat. (2003). The term “scheme to defraud” used in section 817.034 is plucked…to defraud charge in Count III involves section 817.034(4)(a)l., Florida Statutes (2003), which provides…willful misrepresentations of a future act.” § 817.034(3)(d), Fla. Stat. (2003). • “Property” means…crime of organized scheme to defraud under section 817.034. The express legislative intent behind that section…6th Cir.1990). To prove conspiracy under section 817.034(4)(a)l., the State may show that the defendant

State v. Reyan

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-18T00:00:00-07:00

Citation: 145 So. 3d 133, 2014 WL 2755838, 2014 Fla. App. LEXIS 9214

Snippet: scheme to de*135fraud (in violation of section 817.034, Florida Statutes (2003)) and grand theft (in violation

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: .2d 766] and 2013. *7414482019 ORGANIZED FRAUD 817.034(4)(a)l, 2, 3, Fla. Stat. To prove the crime of …Lesser Included Offenses *742ORGANIZED FRAUD — 817.034(4)(a)l, 2, 3 CATEGORY ONE CATEGORY TWO FLA, STAT

McCray v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-08-07T00:00:00-07:00

Citation: 121 So. 3d 603, 2013 WL 4007202, 2013 Fla. App. LEXIS 12335

Snippet: organized scheme to defraud in violation of section 817.034(4)(a)(3), Florida Statutes (2006), and nine counts… constitute a criminal violation under section 817.034(4)(a)(3).1 Dent v. State, — So.3d -, 2013 WL 440117…Remanded. CIKLIN and CONNER, JJ., concur. . Section 817.034(4)(a)(3) provides: Any person who engages in a …guilty of a felony of the third degree.... Section 817.034(3)(c) defines property as "anydiing of value

Dent v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-06T00:00:00-08:00

Citation: 125 So. 3d 205, 2013 WL 440117, 2013 Fla. App. LEXIS 1846

Snippet: organized scheme to defraud, in violation of section 817.034(4), Florida Statutes. The state charged and proved…amount to a crime. We agree and reverse. Section 817.034 is titled the “Florida Communications Fraud Act…interpretations are to govern the interpretation of section 817.034. This reasoning was also applied in United States…the statute. Therefore, no violation of section 817.034 occurred. *210We reverse and direct that Dent’s

Sprott v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-31T00:00:00-07:00

Citation: 99 So. 3d 634, 2012 Fla. App. LEXIS 18952, 2012 WL 5356149

Snippet: third-degree felonies. See §§ 881.09; 881.08; 817.034(4) & 777.04; 322.212(1), Fla. Stat. (2011).

State v. Joseph

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-10T00:00:00-07:00

Citation: 94 So. 3d 672, 2012 WL 3238352, 2012 Fla. App. LEXIS 13307

Snippet: Government of $50,000 or more, in violation of section 817.034(4)(a)l., Florida Statutes (2008). Prior to trial

Johnson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-06T00:00:00-07:00

Citation: 126 So. 3d 1129, 2012 WL 2012147, 2012 Fla. App. LEXIS 9012

Snippet: Communication fraud is a third degree felony. See § 817.034(4)(b)l, Fla. Stat. (2005). . Johnson successfully

Brooks v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-16T00:00:00-07:00

Citation: 114 So. 3d 965, 2012 WL 874547, 2012 Fla. App. LEXIS 4209

Snippet: fraud of $50,000 or more in violation of section 817.034(4)(a)(l), Florida Statutes. Thereafter, Brooks

In re Standard Jury Instructions in Criminal Cases—Report 2010-05

Court: Fla. | Date Filed: 2012-02-09T00:00:00-08:00

Citation: 87 So. 3d 679, 2012 WL 399879

Snippet: amended in 1985 and 2011. 14,8 ORGANIZED FRAUD 817.034(4)(a)l, 2, 3 Fla. Stat. To prove the crime of Organized…knowledge. Lesser Included Offenses ORGANIZED FRAUD 817.034(4)(a)l, 2, 3 Fla. Stat. CATEGORY ONE CATEGORY TWO

PETRAMALE v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-08T00:00:00-08:00

Citation: 79 So. 3d 162, 2012 WL 385481, 2012 Fla. App. LEXIS 1788

Snippet: remanded. KELLY and LaROSE, JJ., Concur. NOTES [1] § 817.034(4)(a)(1), Fla. Stat. (2003). [2] There are multiple