Florida criminal charge
Unlawful possession of the personal identification information of another person in Florida
Unlawful possession of the personal identification information of another person is a criminal offense under Florida law, defined by Fla. Stat. § 817.5685. 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. § 817.5685.
What is the penalty for unlawful possession of the personal identification information of another person in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Possession of personal identification information (four or fewer persons) — A person violates subsection (2) by possessing the personal identification information of four or fewer persons.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Possession of personal identification information (four or fewer persons) — A person violates subsection (2) by possessing the personal identification information of four or fewer persons.; 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 (Possession of personal identification information (five or more persons) — A person violates subsection (2) by possessing the personal identification information of five or more persons.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Possession of personal identification information (five or more persons) — A person violates subsection (2) by possessing the personal identification information of five or more persons.; 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 possession of the personal identification information of another person classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of personal identification information (four or fewer persons) | Misdemeanor of the First Degree | A person violates subsection (2) by possessing the personal identification information of four or fewer persons. | Fla. Stat. § 817.5685(3)(a) |
| Possession of personal identification information (five or more persons) | Felony of the Third Degree | A person violates subsection (2) by possessing the personal identification information of five or more persons. | Fla. Stat. § 817.5685(3)(b)2. |
Common questions about unlawful possession of the personal identification information of another person in Florida
Is unlawful possession of the personal identification information of another person a felony or a misdemeanor in Florida?
It depends on the circumstances: unlawful possession of the personal identification information of another person ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 817.5685.
Possession of personal identification information (four or fewer persons): Misdemeanor of the First Degree (Fla. Stat. § 817.5685(3)(a)) · Possession of personal identification information (five or more persons): Felony of the Third Degree (Fla. Stat. § 817.5685(3)(b)2.)
What are the penalties for unlawful possession of the personal identification information of another person in Florida?
Penalties for unlawful possession of the personal identification information of another person in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third 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 possession of the personal identification information of another person?
Unlawful possession of the personal identification information of another person is governed by Fla. Stat. § 817.5685 (Unlawful possession of the personal identification information of another person).
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.