Florida criminal charge
Florida Communications Fraud Act in Florida
Florida Communications Fraud Act is a criminal offense under Florida law, defined by Fla. Stat. § 817.034. 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. § 817.034.
What is the penalty for florida communications fraud act in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 30 years (Organized fraud ($50,000 or more) — The amount of property obtained through the scheme to defraud has an aggregate value of $50,000 or more.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Organized fraud ($50,000 or more) — The amount of property obtained through the scheme to defraud has an aggregate value of $50,000 or more.; 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 (Organized fraud ($20,000 to $50,000) — The amount of property obtained through the scheme to defraud has an aggregate value of $20,000 or more but less than $50,000.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Organized fraud ($20,000 to $50,000) — The amount of property obtained through the scheme to defraud has an aggregate value of $20,000 or more but less than $50,000.; 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 (Organized fraud (less than $20,000) — The amount of property obtained through the scheme to defraud has an aggregate value of less than $20,000.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Organized fraud (less than $20,000) — The amount of property obtained through the scheme to defraud has an aggregate value of less than $20,000.; 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 1 year (Communications fraud (less than $300) — The value of property obtained or endeavored to be obtained by the fraudulent communication is less than $300.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Communications fraud (less than $300) — The value of property obtained or endeavored to be obtained by the fraudulent communication is less than $300.; 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 (Reclassified misdemeanor to third degree felony — vulnerable victim — A misdemeanor of the first degree offense under paragraph (a) or (b) is reclassified upward when committed against a person 65 or older, a minor, or a person with a mental or physical disability.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Reclassified misdemeanor to third degree felony — vulnerable victim — A misdemeanor of the first degree offense under paragraph (a) or (b) is reclassified upward when committed against a person 65 or older, a minor, or a person with a mental or physical disability.; 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 (Reclassified third degree to second degree felony — vulnerable victim — A felony of the third degree offense under paragraph (a) or (b) is reclassified upward when committed against a person 65 or older, a minor, or a person with a mental or physical disability.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Reclassified third degree to second degree felony — vulnerable victim — A felony of the third degree offense under paragraph (a) or (b) is reclassified upward when committed against a person 65 or older, a minor, or a person with a mental or physical disability.; 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 30 years (Reclassified second degree to first degree felony — vulnerable victim — A felony of the second degree offense under paragraph (a) or (b) is reclassified upward when committed against a person 65 or older, a minor, or a person with a mental or physical disability.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Reclassified second degree to first degree felony — vulnerable victim — A felony of the second degree offense under paragraph (a) or (b) is reclassified upward when committed against a person 65 or older, a minor, or a person with a mental or physical disability.; 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 | Reclassified first degree felony to life felony — vulnerable victim — A felony of the first degree offense under paragraph (a) or (b) is reclassified upward when committed against a person 65 or older, a minor, or a person with a mental or physical disability.; imprisonment for life or a term of years not exceeding life imprisonment (s. 775.082(3)(a)3.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $15,000 (Reclassified first degree felony to life felony — vulnerable victim — A felony of the first degree offense under paragraph (a) or (b) is reclassified upward when committed against a person 65 or older, a minor, or a person with a mental or physical disability.; 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 florida communications fraud act classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Organized fraud ($50,000 or more) | Felony of the First Degree | The amount of property obtained through the scheme to defraud has an aggregate value of $50,000 or more. | Fla. Stat. § 817.034(4)(a)1. |
| Organized fraud ($20,000 to $50,000) | Felony of the Second Degree | The amount of property obtained through the scheme to defraud has an aggregate value of $20,000 or more but less than $50,000. | Fla. Stat. § 817.034(4)(a)2. |
| Organized fraud (less than $20,000) | Felony of the Third Degree | The amount of property obtained through the scheme to defraud has an aggregate value of less than $20,000. | Fla. Stat. § 817.034(4)(a)3. |
| Communications fraud (less than $300) | Misdemeanor of the First Degree | The value of property obtained or endeavored to be obtained by the fraudulent communication is less than $300. | Fla. Stat. § 817.034(4)(b)2. |
| Reclassified misdemeanor to third degree felony — vulnerable victim | Felony of the Third Degree | A misdemeanor of the first degree offense under paragraph (a) or (b) is reclassified upward when committed against a person 65 or older, a minor, or a person with a mental or physical disability. | Fla. Stat. § 817.034(4)(c)1. |
| Reclassified third degree to second degree felony — vulnerable victim | Felony of the Second Degree | A felony of the third degree offense under paragraph (a) or (b) is reclassified upward when committed against a person 65 or older, a minor, or a person with a mental or physical disability. | Fla. Stat. § 817.034(4)(c)2. |
| Reclassified second degree to first degree felony — vulnerable victim | Felony of the First Degree | A felony of the second degree offense under paragraph (a) or (b) is reclassified upward when committed against a person 65 or older, a minor, or a person with a mental or physical disability. | Fla. Stat. § 817.034(4)(c)3. |
| Reclassified first degree felony to life felony — vulnerable victim | Life Felony | A felony of the first degree offense under paragraph (a) or (b) is reclassified upward when committed against a person 65 or older, a minor, or a person with a mental or physical disability. | Fla. Stat. § 817.034(4)(c)4. |
Common questions about florida communications fraud act in Florida
Is florida Communications Fraud Act a felony or a misdemeanor in Florida?
It depends on the circumstances: florida Communications Fraud Act ranges from a Misdemeanor of the First Degree to a Life Felony in Florida under Fla. Stat. § 817.034.
Organized fraud ($50,000 or more): Felony of the First Degree (Fla. Stat. § 817.034(4)(a)1.) · Organized fraud ($20,000 to $50,000): Felony of the Second Degree (Fla. Stat. § 817.034(4)(a)2.) · Organized fraud (less than $20,000): Felony of the Third Degree (Fla. Stat. § 817.034(4)(a)3.) · Communications fraud (less than $300): Misdemeanor of the First Degree (Fla. Stat. § 817.034(4)(b)2.) · Reclassified misdemeanor to third degree felony — vulnerable victim: Felony of the Third Degree (Fla. Stat. § 817.034(4)(c)1.) · Reclassified third degree to second degree felony — vulnerable victim: Felony of the Second Degree (Fla. Stat. § 817.034(4)(c)2.) · Reclassified second degree to first degree felony — vulnerable victim: Felony of the First Degree (Fla. Stat. § 817.034(4)(c)3.) · Reclassified first degree felony to life felony — vulnerable victim: Life Felony (Fla. Stat. § 817.034(4)(c)4.)
What are the penalties for florida Communications Fraud Act in Florida?
Penalties for florida Communications Fraud Act in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Life Felony — 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 florida Communications Fraud Act?
Florida Communications Fraud Act is governed by Fla. Stat. § 817.034 (Florida Communications Fraud Act).
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.