Fraud laws in Florida operate on two tracks at the same time: criminal prosecution under Chapters 812 and 817 of the Florida Statutes, and civil lawsuits brought by victims to recover their losses. Criminal penalties scale with the dollar value taken and can reach 30 years in prison, with mandatory minimums for the largest identity-theft and insurance-fraud schemes. Civil claims can produce compensatory damages, cancellation of a contract, and punitive damages capped in tiers under Section 768.73.
What Florida Requires to Prove Fraud
Every fraud case, criminal or civil, turns on the same core facts. Someone made a false statement about something material. That person knew it was false, or was reckless about the truth. They intended the other party to rely on it. The other party did rely on it. And that reliance caused a real financial loss.
The burden of proof differs by track. Criminal cases require proof beyond a reasonable doubt. Civil fraud in Florida requires clear and convincing evidence, a higher bar than the preponderance standard used in ordinary contract or negligence disputes. That distinction matters: a civil fraud claim is harder to win than a routine civil suit, even though it is easier to prove than a criminal charge.
Criminal Penalties by Type of Fraud
Grand Theft by Fraud
When someone obtains property through deception, prosecutors typically charge grand theft under Section 812.014. The felony degree tracks the dollar value taken in a single transaction:
- Third-degree felony for property worth $750 to $20,000: up to five years in prison and a $5,000 fine.
- Second-degree felony for property worth $20,000 to $100,000: up to 15 years in prison and a $10,000 fine.
- First-degree felony for property worth $100,000 or more: up to 30 years in prison and a $10,000 fine.
The prison terms come from Section 775.082 and the fines from Section 775.083.1The Florida Senate. Florida Statutes 812.014 – Theft2Florida Senate. Florida Statutes 775.082 – Penalties, Applicability of Sentencing Structures3Florida Senate. Florida Statutes 775.083 – Fines
Organized Fraud
Ongoing fraudulent schemes are prosecuted under the Florida Communications Fraud Act, Section 817.034. The statute defines a “scheme to defraud” as a systematic course of conduct designed to obtain property through false representations, and the dollar thresholds sit lower than for one-off theft:
- Third-degree felony for an aggregate under $20,000: up to five years in prison.
- Second-degree felony for an aggregate of $20,000 to less than $50,000: up to 15 years in prison.
- First-degree felony for an aggregate of $50,000 or more: up to 30 years in prison.
The first-degree line here is $50,000, half the $100,000 that triggers a first-degree grand theft.4Florida Senate. Florida Statutes 817.034 – Florida Communications Fraud Act5Online Sunshine. Florida Statutes 817.034 – Florida Communications Fraud Act
Identity Theft
Section 817.568 criminalizes the unauthorized use of another person’s identifying information (names, Social Security numbers, bank and credit card numbers, driver’s license numbers, and similar data) with intent to defraud. The charge escalates by financial harm or number of victims:
- Third-degree felony as the base offense: up to five years in prison.
- Second-degree felony when harm reaches $5,000 or more, or 10 to 19 victims are involved: up to 15 years.
- First-degree felony when harm reaches $50,000 or more, or 20 to 29 victims are involved: up to 30 years.
- First-degree felony with a 10-year mandatory minimum when harm reaches $100,000 or more, or 30 or more victims are involved.
The mandatory minimum at the top tier is among the harshest penalties in Florida’s fraud code.6Florida Senate. Florida Statutes 817.568 – Criminal Use of Personal Identification Information
Insurance Fraud
A “fraudulent insurance act” under Section 626.989 is knowingly presenting a materially false written statement in connection with a claim or application: inflated damage estimates, fabricated injuries, or concealed facts that would change the payout.7Florida Senate. Florida Statutes 626.989 – Investigation by Department or Division of Investigative and Forensic Services Section 817.234 sets the penalties:
- Third-degree felony for property valued at less than $20,000.
- Second-degree felony for property valued at $20,000 to less than $100,000.
- First-degree felony for property valued at $100,000 or more.
Certain specific violations carry a two-year mandatory minimum regardless of dollar amount.8Online Sunshine. Florida Statutes 817.234 – False and Fraudulent Insurance Claims
Credit Card Fraud
Section 817.61 covers fraudulent use of a credit card, including stolen, forged, expired, or otherwise unauthorized cards. The classification turns on cumulative use over a six-month period: two or fewer uses, or less than $100 in value, carries a lower penalty; more than two uses, or $100 or more, escalates the charge.9Online Sunshine. Florida Statutes 817.61 – Fraudulent Use of Credit Cards
Exploitation of Elderly or Disabled Adults
Section 825.103 sets its own thresholds, which are notably lower than the general theft statute:
- Third-degree felony for funds or property valued at less than $10,000.
- Second-degree felony for $10,000 to less than $50,000.
- First-degree felony for $50,000 or more.
The same conduct against an elderly or disabled victim reaches a higher felony class at a lower dollar amount than it would against a younger adult.10Florida Senate. Florida Statutes 825.103 – Exploitation of an Elderly Person or Disabled Adult, Penalties
Civil Remedies for Fraud Victims
A victim who can prove the five fraud elements by clear and convincing evidence can recover in a private lawsuit. Compensatory damages cover actual losses: money paid, profits lost, or the gap between what was promised and what was delivered. If the fraud induced a contract, the court can rescind it and return both sides to their starting positions.
Punitive Damages
When the conduct was willful or malicious, Section 768.73 allows punitive damages on top of compensation, subject to three tiers:
- Standard cap: three times compensatory damages or $500,000, whichever is greater.
- Elevated cap: four times compensatory damages or $2 million, whichever is greater, when the conduct was motivated solely by unreasonable financial gain and the danger was actually known to a managing agent or decision-maker.
- No cap when the defendant had a specific intent to harm the plaintiff and did in fact cause harm.
The uncapped tier is rare but reserved for the most egregious intentional fraud.11Online Sunshine. Florida Statutes 768.73 – Punitive Damages, Limitation
Deadline to Sue
The statute of limitations for civil fraud in Florida is four years under Section 95.11.12Online Sunshine. Florida Statutes 95.11 – Limitations Other Than for the Recovery of Real Property Florida applies a discovery rule: the four years run from when the victim discovered, or with reasonable diligence should have discovered, the facts giving rise to the claim. That matters because many schemes stay hidden for years.
There is a hard outer limit. No fraud lawsuit can be filed more than 12 years after the fraud was committed, regardless of when it came to light.13Online Sunshine. Florida Statutes 95.031 – Computation of Time Strong claims routinely die when the deadline slips.
Common Defenses
Puffery
The most common defense is that the alleged misrepresentation was puffery: vague, subjective sales talk rather than a specific factual claim. “Best in class,” “gorgeous property,” or “satisfaction guaranteed” typically fall outside actionable fraud because no reasonable person treats them as verifiable. The defense negates materiality. The line between puffery and fraud depends on whether a reasonable buyer would rely on the statement in deciding whether to enter the transaction.
Lack of Justifiable Reliance
Even a plainly false statement may not support a fraud claim if the victim’s reliance was unreasonable. Easy access to the truth, ignored red flags, or a failure to do basic due diligence can defeat this element. Courts ask whether a reasonable person in the victim’s position would have relied without further investigation.
When Federal Charges Take Over
Fraud that crosses state lines, uses the mail, or touches the financial system can bring federal prosecution. Mail fraud under 18 U.S.C. § 1341 requires a scheme to defraud, intent to defraud, and use of the U.S. mail or a commercial carrier to further the scheme. Wire fraud under 18 U.S.C. § 1343 is nearly identical but covers electronic communications.
Both statutes carry up to 20 years in prison. When the fraud affects a financial institution, the ceiling rises to 30 years and a fine of up to $1 million. Telemarketing fraud targeting people over 55 can add up to 10 more years on top of the base sentence. Federal and state prosecutors can charge the same conduct without triggering double jeopardy, because they operate as separate sovereigns. Larger and interstate schemes tend to move to federal court; purely local fraud stays in state court.
Florida RICO Exposure
Florida’s Racketeer Influenced and Corrupt Organizations Act, in Sections 895.01 through 895.08, applies when a person engages in a pattern of racketeering activity, defined as at least two related incidents of criminal conduct. Chapter 817 fraud offenses are listed predicate acts.14Florida Senate. Florida Statutes 895.02 – Definitions Florida RICO lets prosecutors target an entire criminal enterprise rather than isolated acts, and it opens the door to civil liability with treble damages. For anyone running a repeat-victim operation, the RICO threat substantially raises the exposure beyond any single fraud count.
Where to Report Fraud
The Florida Attorney General’s office takes consumer fraud complaints online, by mail, or by phone at 1-866-966-7226. Elder abuse and exploitation go to the state abuse hotline at 1-800-962-2873.
At the federal level, the FTC accepts reports at ReportFraud.ftc.gov and shares them with law enforcement partners. Internet fraud and cyber scams should go to the FBI’s Internet Crime Complaint Center at ic3.gov, which sometimes can freeze stolen funds. Filing with more than one agency is not redundant; each one uses the information differently, and a report that sits quietly with one may be what triggers action at another.