Criminal Use of Personal Identification Information – Florida Statute 817.568

Understanding Florida Statute 817.568

As a Florida criminal defense attorney, I often handle charges under Florida Statute 817.568, which governs the criminal use of personal identification information. This statute covers a wide range of conduct involving the use of another person's identity without their consent. It is one of the most aggressively prosecuted white-collar crimes in Florida because it often involves financial institutions, credit reporting agencies, and victims who may be ordinary people.

The statute itself is clear:

Florida Statute § 817.568(2)(a) states:

"Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning an individual without first obtaining that individual's consent commits the offense of fraudulent use of personal identification information."

Personal identification information includes names, addresses, social security numbers, bank account numbers, credit card numbers, driver's license numbers, biometric data, and more. In other words, anything that can identify someone personally or financially falls within the scope of this law.

These cases are complex, and prosecutors rarely file them lightly. They usually come after lengthy investigations involving law enforcement, financial institutions, and sometimes even federal agencies. That is why you need an experienced private defense attorney to protect you from the very beginning.

Penalties Under Florida Statute 817.568

The penalties for a conviction under 817.568 are steep and depend on the amount of financial harm and the number of victims. Here are the key penalty ranges:

  • If the value is under $5,000 and involves less than 10 victims, it is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.
  • If the value is $5,000 or more or involves 10 or more but fewer than 20 victims, it is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.
  • If the value is $50,000 or more or involves 20 or more but fewer than 30 victims, it becomes a first-degree felony, punishable by up to 30 years in prison and a $10,000 fine.
  • If the value is $100,000 or more or involves 30 or more victims, there is a mandatory minimum 10-year prison sentence.

In addition to prison, you could face restitution orders, loss of civil rights, permanent damage to your reputation, and a criminal record that will follow you forever. Because prosecutors know how serious these cases are, they often file the highest charge possible and then pressure defendants to plead guilty. Having a private attorney gives you leverage to push back, explore defenses, and fight for reduced charges.

Real-Life Example From My Practice

One case that stands out involved a young professional accused of using a co-worker's bank card information to make unauthorized online purchases. Law enforcement had records of purchases linked to an IP address from his apartment complex. The prosecution was ready to charge him under § 817.568(2)(b) with intent to defraud.

My client insisted he did not make the transactions. After obtaining the discovery, I noticed that the Wi-Fi connection at his complex was unsecured and accessible to anyone. We brought in a technology expert who testified that anyone within range could have used that IP address. Through negotiations and aggressive defense, I was able to convince the prosecutor that there was insufficient evidence to prove my client personally used the information. The charges were dismissed.

This case highlights why legal representation matters. Without someone willing to challenge the state's evidence, my client could have faced years in prison for something he did not do.

Defenses Against Criminal Use of Personal Identification Information

There are several defenses that may apply in these cases. As your attorney, I would carefully examine which ones fit your situation:

Lack of Fraudulent Intent

The statute requires fraudulent intent. If you possessed or used someone else's identification without intent to commit fraud, the charge may not stand. For example, borrowing someone's ID as a prank without using it to gain money or benefit may not rise to the level of a felony.

Consent of the Alleged Victim

If the alleged victim gave permission for you to use their identification, that consent can be a strong defense. For instance, if someone allowed you to use their debit card to buy groceries, prosecutors would have difficulty proving fraud.

Insufficient Evidence

These cases often rely on circumstantial evidence like IP addresses, computer records, or paper trails. As in my earlier example, these records are not always conclusive. If the prosecution cannot prove beyond a reasonable doubt that you were the person who used the information, the case may collapse.

Identity Theft by Another Party

It is common for people to be falsely accused of identity theft when someone else, perhaps within their household or workplace, committed the act. Demonstrating alternative suspects can cast reasonable doubt.

Illegal Search and Seizure

If law enforcement violated your Fourth Amendment rights by seizing evidence without a warrant or probable cause, the evidence can be excluded. Many of these cases involve digital evidence, and search warrants must be very specific. Any overreach may be grounds for suppression.

Related Florida Statutes

Several other statutes may apply alongside or instead of 817.568:

  • § 817.569 – Possession of Counterfeit or Forged Personal Identification
  • This law criminalizes holding forged IDs, even without using them.
  • § 817.5685 – Fraudulent Use of a Dead Person's Identification
  • This carries enhanced penalties when the alleged victim is deceased.
  • § 817.5687 – Criminal Use of Public Records or Information
  • This statute applies when government records are misused.
  • § 775.084 – Habitual Felony Offender Enhancements
  • If you have prior convictions, you may face enhanced penalties.

Understanding how these statutes intersect is essential. Prosecutors may stack charges or file multiple counts to maximize exposure. A private attorney can often push back, negotiate, and sometimes secure a dismissal or reduction to a misdemeanor offense.

Why You Need a Private Attorney

Public defenders are hardworking, but they are overloaded with cases. A private attorney has the time and resources to investigate thoroughly, hire forensic experts, and dedicate attention to your defense. In cases involving 817.568, you are often fighting against sophisticated prosecutors who want to make an example out of defendants. You need a lawyer who can counter that pressure and focus solely on protecting your future.

I work closely with my clients, keeping them informed, preparing them for each step, and aggressively negotiating with prosecutors. My goal is always to minimize or eliminate the impact of the charges. Sometimes that means dismissal, other times it means negotiating reduced charges that do not carry mandatory prison.

How I Approach These Cases

When you come to me, the first thing I do is listen. I want to understand your side before reviewing the state's evidence. From there, I request all discovery, including police reports, electronic records, and any witness statements. I look for weaknesses: Was the evidence obtained legally? Can the state tie the conduct directly to you? Are there alternative explanations? I may consult digital forensic experts, handwriting analysts, or financial auditors, depending on the case.

I also prepare for sentencing alternatives. If the state's evidence is strong, I fight for probation, restitution, or diversion programs rather than prison. Every case is unique, but having a strategy early makes all the difference.

FAQs About Criminal Use of Personal Identification Information in Florida

What does Florida consider personal identification information?

Florida defines personal identification information broadly. It includes names, addresses, phone numbers, social security numbers, credit card numbers, bank account numbers, driver's license numbers, medical records, biometric data, and even online account credentials. Prosecutors only need to show that you used or intended to use information that could personally identify another person without their consent.

Can I be charged if I never made money from the information?

Yes. The law criminalizes both the possession and use of personal identification information with fraudulent intent. Even if you never profited, prosecutors can argue that you intended to defraud. That is why defending intent is so critical in these cases. Without clear evidence of intent, the prosecution's case becomes weaker.

What if I had the person's permission to use their ID or account?

Consent is one of the strongest defenses available. If the alleged victim permitted you to use their card, account, or identification, the charge may not hold. The key is being able to prove consent. Written messages, texts, or testimony from the alleged victim can establish that defense.

Can the police search my phone or computer without a warrant in these cases?

Digital evidence is at the heart of many 817.568 prosecutions. Law enforcement generally needs a warrant to search your phone or computer. If they searched without one, or if the warrant was overly broad, your attorney can challenge the admissibility of the evidence. Courts take digital privacy rights seriously, and suppression of evidence may lead to dismissal.

How does the number of victims affect the charge?

The more victims involved, the harsher the penalties. For example, using one person's ID for a small purchase may be filed as a third-degree felony. But if prosecutors allege you had 20 or more victims, you face a first-degree felony with up to 30 years in prison. Even if the financial impact is small, the number of victims can escalate charges dramatically.

What are the chances of getting probation instead of prison?

That depends on the facts of the case and your prior record. For first-time offenders involving small amounts and few victims, probation with restitution may be possible. For cases involving large sums or multiple victims, prison is more likely. A private attorney can argue for mitigating circumstances and alternatives such as community control or diversion programs.

Can federal charges also apply to identity theft in Florida?

Yes. Federal prosecutors often step in when the case involves interstate activity, large sums of money, or federal agencies. Federal penalties are often harsher, and you can face charges in both state and federal court. If there is any chance your case could draw federal attention, you need an attorney prepared to handle both levels of defense.

How long does the state have to file charges under 817.568?

The statute of limitations depends on the degree of the felony. Generally, it ranges from three to five years, but in cases involving fraud, the period may not begin until the offense is discovered. That means prosecutors often have more time than in other criminal cases to bring charges.

What happens if I am convicted under 817.568?

A conviction can lead to prison, fines, restitution, probation, and a permanent criminal record. Beyond that, it can affect employment, housing, professional licenses, and immigration status. The collateral consequences often exceed the criminal penalties. That is why fighting for dismissal or reduction is so important.

Why should I hire a private attorney instead of relying on a public defender?

Public defenders are dedicated but overworked. They may not have the time to investigate your case fully or hire forensic experts. A private attorney can devote the necessary attention, challenge every piece of evidence, and build a defense tailored to your case. Your future is at stake, and you deserve representation that can focus entirely on you.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you are facing charges under Florida Statute 817.568 – Criminal Use of Personal Identification Information, you cannot afford to wait. Early action gives us the best chance to protect your rights and your future.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.