Identity theft is discussed in Chapter 817 of the Florida Statutes, but it may also carry federal charges. The general takeaway of this statute is that “Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning another person without first obtaining that person’s consent” is committing a felony.
The severity of the crime determines the severity of the punishment. They are as follows:
- Fraud perpetrated is $5,000 or more, or the identity of 10 or more people is stolen: minimum three-year mandatory prison sentence
- Fraud perpetrated is $50,000 or more, or the identity of 20 or more people is stolen: minimum five-year mandatory prison sentence
- Fraud perpetrated is $100,000 or more, or the identity of 30 or more people is stolen: minimum 10-year prison sentence.
Chapter 817 of the Florida Statutes continues to define various identity theft laws and their respective penalties. A few examples include the theft of the identity of a deceased person, or the creation and use of a fictitious person.
You might be thinking “I didn’t steal someone’s identity, I just used their card to make a purchase.” But, in Florida that is the same thing as identity theft. Even if the person gave you verbal permission to use their card and then claims the card was stolen, you may be charged. It is always best to have written consent to make any purchases or charges on someone else’s behalf.