{"id":372575,"date":"2016-03-31T21:34:54","date_gmt":"2016-04-01T02:34:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-identity-theft-laws.html"},"modified":"2018-02-27T17:42:03","modified_gmt":"2018-02-27T22:42:03","slug":"florida-identity-theft-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-identity-theft-laws.html","title":{"rendered":"Florida Identity Theft Laws"},"content":{"rendered":"\n
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Florida Identity Theft Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Our personal identifying information is of increasing value these days, which makes the prevalence of identity theft<\/a> that much more frightening. A person commits the most basic form of identity theft when he\/she assumes the identity of another person by presenting himself or herself as that other person for financial gain.<\/p>\n

Identity Theft Laws in Florida<\/h2>\n

Assuming someone else’s "personal identifying information" may include a person’s name, address, telephone number, date of birth, driver’s license number, social security number, etc. In Florida, if public records are used to commit identity theft, the offense is reclassified to next higher degree.<\/p>\n

The following chart has some Florida identity theft law specifics and where to go if you need an attorney.<\/p>\n\n

Code Section<\/p>\n<\/td>\n

\u00a7817.568<\/a>, 569<\/a><\/p>\n<\/td>\n<\/tr>

Classification of Crime\/Penalties<\/p>\n<\/td>\n

2nd degree felony; restitution to victim may be ordered, including attorney’s fees, Anyone who uses someone else\u2019s personal identifying information to obtain property or anything of value worth more than $5,000 commits a second-degree felony.<\/p>\n<\/td>\n<\/tr>

Who May Prosecute<\/p>\n<\/td>\n

Any prosecuting attorney<\/p>\n<\/td>\n<\/tr>

Exemptions to Identity Theft Laws<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Civil Lawsuit Allowed?<\/p>\n<\/td>\n

Civil action allowed<\/p>\n<\/td>\n<\/tr>

Civil Remedies Available<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Misc.<\/p>\n<\/td>\n

If public records used to commit offense, the offense is reclassified to next higher degree<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Note:<\/i><\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\n

Here are some basic tips to help protect yourself against identity theft<\/a>:<\/p>\n