What are the penalties for identity theft in Florida?

Florida identity theft, as in most other states, is the criminal use of an individual’s personal identification information including name, social security number, driver’s license information, or bank and credit card accounts for the purpose of purchasing, applying for loans or seeking employment without authorization or permission.  There is a federal law, the Identity Theft and Assumption Deterrence Act of 1998, and at the state level, the Florida Identity Theft Deterrence Act.

Florida Statutes 817.568 describes the crime and the penalties for conviction. In Florida it is a felony of the third degree and is punishable by a term of imprisonment not exceeding 5 years, a fine of $5,000, and as a habitual offender to additional time as required by law.  However, if the losses are $50,000 or more between 20 or 30 individuals, the penalty increases to 10 years in prison.  Under federal law Identity theft is punishable by 15 years in prison and perhaps as much as a $250,000 fine.

The identity thief will undoubtedly be ordered to pay restitution for damage or loss caused directly or indirectly by the defendant; and, damage or loss related to the crime.  Additionally, the defendant will or could also face civil penalties for damages well in excess of actual losses.

If you are facing charges of identity theft, you should consult a criminal defense attorney as soon as possible.