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Florida Statute 817.02 | Lawyer Caselaw & Research
F.S. 817.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 817.02

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 817
FRAUDULENT PRACTICES
View Entire Chapter
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 from cite.case.law:

MLINAR, v. UNITED PARCEL SERVICE, INC., 186 So. 3d 997 (Fla. 2016)

. . . law claims against UPS and others, including conversion; profiting by criminal activity under section 817.02 . . .

In J. NOFZIGER, v. In v., 361 B.R. 236 (Bankr. M.D. Fla. 2006)

. . . turn, gave them to Du-cote to use to Donna’s benefit in the divorce in violation of Florida Statutes 817.02 . . . Florida Statute 817.02 provides as follows: 817.02. . . .

POLAKOFF, v. STATE, 586 So. 2d 385 (Fla. Dist. Ct. App. 1991)

. . . Florida Statutes); obtaining or using property with a specific prohibited intent (sections 812.014(1); 817.02 . . .

SCHUBOT, v. McDONALDS CORPORATION,, 757 F. Supp. 1351 (S.D. Fla. 1990)

. . . . § 817.02 et seq., and Florida’s Business Opportunity Act, Fla.Stat. § 559.80 et seq.; Count Four alleges . . .

J. BANDERAS, L. R. N. A. P. A. P. a k a St. s v. BANCO CENTRAL ECUADOR,, 461 So. 2d 265 (Fla. Dist. Ct. App. 1985)

. . . defendants had committed the acts alleged, constituting obtaining property by false personation, § 817.02 . . .

SECURITY INSURANCE COMPANY OF HARTFORD, v. INVESTORS DIVERSIFIED LIMITED, INC. d b a s, 407 So. 2d 314 (Fla. Dist. Ct. App. 1981)

. . . In Florida, the particular criminal statute would appear to be Section 817.02 Florida Statutes (1979) . . .

H. L. A. a v. STATE, 395 So. 2d 250 (Fla. Dist. Ct. App. 1981)

. . . Sections 812.012-812.037, Florida Statutes, or with obtaining property by false impersonation, Section 817.02 . . .

GENERAL FINANCE CORPORATION OF FLORIDA SOUTH, v. UNITED STATES, 333 F.2d 681 (5th Cir. 1964)

. . . We hold that no fraud was committed, under § 319.33 and § 817.02 of the Florida statutes, F.S.A. . . .

ARKANSAS VALLEY RAILWAY, INC. A CORPORATION, v. THE UNITED STATES, 107 Ct. Cl. 240 (Ct. Cl. 1946)

. . . miles)1_ 180,155.81 Total value July 16, 1942 (61 miles)- 277, 345.01 Less county taxes paid *- 54, 817.02 . . .

A. v. E. J. v., 6 B.T.A. 525 (B.T.A. 1927)

. . . _$193. 55 1920 Additional tax due_ 767. 04 - $960. 59 1921 Over-assessment_ 143. 57 Net deficiency_ 817.02 . . .

DUNLAP HARDWARE CO. v. HUDDLESTON, 167 F. 433 (5th Cir. 1909)

. . . The costs of administration aggregate the sum of $817.02, leaving a balance of $95.98 for distribution . . .