Florida criminal charge
Falsifying records in Florida
Falsifying records is a criminal offense under Florida law, defined by Fla. Stat. § 839.13. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 839.13.
What is the penalty for falsifying records in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Falsifying public records generally — Applies when any public officer, employee, agent, contractor, or other person steals, embezzles, alters, corruptly withdraws, falsifies, or avoids any public record, process, document, or proceeding, except as otherwise provided in subsection (2).; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Falsifying public records generally — Applies when any public officer, employee, agent, contractor, or other person steals, embezzles, alters, corruptly withdraws, falsifies, or avoids any public record, process, document, or proceeding, except as otherwise provided in subsection (2).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Falsifying records of individual in state care and custody — Applies when a person knowingly falsifies, alters, destroys, defaces, overwrites, removes, or discards an official record relating to an individual in the care and custody of a state agency, with potential to detrimentally affect that individual's health, safety, or welfare.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Falsifying records of individual in state care and custody — Applies when a person knowingly falsifies, alters, destroys, defaces, overwrites, removes, or discards an official record relating to an individual in the care and custody of a state agency, with potential to detrimentally affect that individual's health, safety, or welfare.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Falsifying records causing great bodily harm or death — Applies when a violation of paragraph (a) contributes to great bodily harm to or the death of an individual in the care and custody of a state agency.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Falsifying records causing great bodily harm or death — Applies when a violation of paragraph (a) contributes to great bodily harm to or the death of an individual in the care and custody of a state agency.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Falsifying DCF records to conceal material fact — Applies when a person knowingly falsifies, alters, destroys, defaces, overwrites, removes, or discards Department of Children and Families or contract provider records with intent to conceal a fact material to a protective investigation or related proceeding.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Falsifying DCF records to conceal material fact — Applies when a person knowingly falsifies, alters, destroys, defaces, overwrites, removes, or discards Department of Children and Families or contract provider records with intent to conceal a fact material to a protective investigation or related proceeding.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is falsifying records classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Falsifying public records generally | Misdemeanor of the First Degree | Applies when any public officer, employee, agent, contractor, or other person steals, embezzles, alters, corruptly withdraws, falsifies, or avoids any public record, process, document, or proceeding, except as otherwise provided in subsection (2). | Fla. Stat. § 839.13(1) |
| Falsifying records of individual in state care and custody | Felony of the Third Degree | Applies when a person knowingly falsifies, alters, destroys, defaces, overwrites, removes, or discards an official record relating to an individual in the care and custody of a state agency, with potential to detrimentally affect that individual's health, safety, or welfare. | Fla. Stat. § 839.13(2)(a) |
| Falsifying records causing great bodily harm or death | Felony of the Second Degree | Applies when a violation of paragraph (a) contributes to great bodily harm to or the death of an individual in the care and custody of a state agency. | Fla. Stat. § 839.13(2)(b) |
| Falsifying DCF records to conceal material fact | Felony of the Third Degree | Applies when a person knowingly falsifies, alters, destroys, defaces, overwrites, removes, or discards Department of Children and Families or contract provider records with intent to conceal a fact material to a protective investigation or related proceeding. | Fla. Stat. § 839.13(2)(c) |
Common questions about falsifying records in Florida
Is falsifying records a felony or a misdemeanor in Florida?
It depends on the circumstances: falsifying records ranges from a Misdemeanor of the First Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 839.13.
Falsifying public records generally: Misdemeanor of the First Degree (Fla. Stat. § 839.13(1)) · Falsifying records of individual in state care and custody: Felony of the Third Degree (Fla. Stat. § 839.13(2)(a)) · Falsifying records causing great bodily harm or death: Felony of the Second Degree (Fla. Stat. § 839.13(2)(b)) · Falsifying DCF records to conceal material fact: Felony of the Third Degree (Fla. Stat. § 839.13(2)(c))
What are the penalties for falsifying records in Florida?
Penalties for falsifying records in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers falsifying records?
Falsifying records is governed by Fla. Stat. § 839.13 (Falsifying records).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.