Florida criminal charge
Unlawful filing of false documents or records against real or personal property in Florida
Unlawful filing of false documents or records against real or personal property is a criminal offense under Florida law, defined by Fla. Stat. § 817.535. 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. § 817.535.
What is the penalty for unlawful filing of false documents or records against real or personal property in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Filing false instrument affecting property interest — first offense — A person files or directs a filer to file, with intent to defraud or harass another, an instrument containing a materially false, fictitious, or fraudulent statement purporting to affect an owner's interest in the described property.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Filing false instrument affecting property interest — first offense — A person files or directs a filer to file, with intent to defraud or harass another, an instrument containing a materially false, fictitious, or fraudulent statement purporting to affect an owner's interest in the described property.; 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 (Filing false instrument affecting property interest — second or subsequent offense — The person violates paragraph (2)(a) a second or subsequent time.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Filing false instrument affecting property interest — second or subsequent offense — The person violates paragraph (2)(a) a second or subsequent time.; 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 (Reclassification where property owner is public officer/employee — third degree to second degree — The offense would otherwise be a felony of the third degree under subsection (2), but the owner of the property subject to the false instrument is a public officer or employee.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Reclassification where property owner is public officer/employee — third degree to second degree — The offense would otherwise be a felony of the third degree under subsection (2), but the owner of the property subject to the false instrument is a public officer or employee.; 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 (Reclassification where property owner is public officer/employee — second degree to first degree — The offense would otherwise be a felony of the second degree under subsection (2), but the owner of the property subject to the false instrument is a public officer or employee.; 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 (Reclassification where property owner is public officer/employee — second degree to first degree — The offense would otherwise be a felony of the second degree under subsection (2), but the owner of the property subject to the false instrument is a public officer or employee.; 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 (Reclassification for offense committed while incarcerated/on supervision — third degree to second degree — The offense would otherwise be a felony of the third degree under subsection (2), but the person committed it while incarcerated, on pretrial release or bond, probation, parole, or postrelease supervision.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Reclassification for offense committed while incarcerated/on supervision — third degree to second degree — The offense would otherwise be a felony of the third degree under subsection (2), but the person committed it while incarcerated, on pretrial release or bond, probation, parole, or postrelease supervision.; 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 (Reclassification for offense committed while incarcerated/on supervision — second degree to first degree — The offense would otherwise be a felony of the second degree under subsection (2), but the person committed it while incarcerated, on pretrial release or bond, probation, parole, or postrelease supervision.; 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 (Reclassification for offense committed while incarcerated/on supervision — second degree to first degree — The offense would otherwise be a felony of the second degree under subsection (2), but the person committed it while incarcerated, on pretrial release or bond, probation, parole, or postrelease supervision.; 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 (Reclassification for financial loss to property owner — third degree to second degree — The offense would otherwise be a felony of the third degree under subsection (2), but the owner of the property covered by the false instrument incurs financial loss as a result of the instrument being recorded.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Reclassification for financial loss to property owner — third degree to second degree — The offense would otherwise be a felony of the third degree under subsection (2), but the owner of the property covered by the false instrument incurs financial loss as a result of the instrument being recorded.; 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 (Reclassification for financial loss to property owner — second degree to first degree — The offense would otherwise be a felony of the second degree under subsection (2), but the owner of the property covered by the false instrument incurs financial loss as a result of the instrument being recorded.; 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 (Reclassification for financial loss to property owner — second degree to first degree — The offense would otherwise be a felony of the second degree under subsection (2), but the owner of the property covered by the false instrument incurs financial loss as a result of the instrument being recorded.; 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 unlawful filing of false documents or records against real or personal property classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Filing false instrument affecting property interest — first offense | Felony of the Third Degree | A person files or directs a filer to file, with intent to defraud or harass another, an instrument containing a materially false, fictitious, or fraudulent statement purporting to affect an owner's interest in the described property. | Fla. Stat. § 817.535(2)(a) |
| Filing false instrument affecting property interest — second or subsequent offense | Felony of the Second Degree | The person violates paragraph (2)(a) a second or subsequent time. | Fla. Stat. § 817.535(2)(b) |
| Reclassification where property owner is public officer/employee — third degree to second degree | Felony of the Second Degree | The offense would otherwise be a felony of the third degree under subsection (2), but the owner of the property subject to the false instrument is a public officer or employee. | Fla. Stat. § 817.535(3)(a) |
| Reclassification where property owner is public officer/employee — second degree to first degree | Felony of the First Degree | The offense would otherwise be a felony of the second degree under subsection (2), but the owner of the property subject to the false instrument is a public officer or employee. | Fla. Stat. § 817.535(3)(b) |
| Reclassification for offense committed while incarcerated/on supervision — third degree to second degree | Felony of the Second Degree | The offense would otherwise be a felony of the third degree under subsection (2), but the person committed it while incarcerated, on pretrial release or bond, probation, parole, or postrelease supervision. | Fla. Stat. § 817.535(4)(a)1. |
| Reclassification for offense committed while incarcerated/on supervision — second degree to first degree | Felony of the First Degree | The offense would otherwise be a felony of the second degree under subsection (2), but the person committed it while incarcerated, on pretrial release or bond, probation, parole, or postrelease supervision. | Fla. Stat. § 817.535(4)(a)2. |
| Reclassification for financial loss to property owner — third degree to second degree | Felony of the Second Degree | The offense would otherwise be a felony of the third degree under subsection (2), but the owner of the property covered by the false instrument incurs financial loss as a result of the instrument being recorded. | Fla. Stat. § 817.535(5)(a) |
| Reclassification for financial loss to property owner — second degree to first degree | Felony of the First Degree | The offense would otherwise be a felony of the second degree under subsection (2), but the owner of the property covered by the false instrument incurs financial loss as a result of the instrument being recorded. | Fla. Stat. § 817.535(5)(b) |
Common questions about unlawful filing of false documents or records against real or personal property in Florida
Is unlawful filing of false documents or records against real or personal property a felony or a misdemeanor in Florida?
It depends on the circumstances: unlawful filing of false documents or records against real or personal property ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 817.535.
Filing false instrument affecting property interest — first offense: Felony of the Third Degree (Fla. Stat. § 817.535(2)(a)) · Filing false instrument affecting property interest — second or subsequent offense: Felony of the Second Degree (Fla. Stat. § 817.535(2)(b)) · Reclassification where property owner is public officer/employee — third degree to second degree: Felony of the Second Degree (Fla. Stat. § 817.535(3)(a)) · Reclassification where property owner is public officer/employee — second degree to first degree: Felony of the First Degree (Fla. Stat. § 817.535(3)(b)) · Reclassification for offense committed while incarcerated/on supervision — third degree to second degree: Felony of the Second Degree (Fla. Stat. § 817.535(4)(a)1.) · Reclassification for offense committed while incarcerated/on supervision — second degree to first degree: Felony of the First Degree (Fla. Stat. § 817.535(4)(a)2.) · Reclassification for financial loss to property owner — third degree to second degree: Felony of the Second Degree (Fla. Stat. § 817.535(5)(a)) · Reclassification for financial loss to property owner — second degree to first degree: Felony of the First Degree (Fla. Stat. § 817.535(5)(b))
What are the penalties for unlawful filing of false documents or records against real or personal property in Florida?
Penalties for unlawful filing of false documents or records against real or personal property in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the First 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 unlawful filing of false documents or records against real or personal property?
Unlawful filing of false documents or records against real or personal property is governed by Fla. Stat. § 817.535 (Unlawful filing of false documents or records against real or personal property).
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.