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Identity Theft Defense
Florida's identity theft statute — § 817.568, “criminal use of personal identification information” — is written broadly enough to reach far past the stereotype of the dark-web fraudster. Using an ex's login to open an account, putting a relative's Social Security number on an application, a teenager using a parent's identity for a phone plan, business partners disputing who authorized what — all get charged under a statute that starts as a felony and escalates to double-digit mandatory minimums.
And because these cases are assembled from records long before an arrest, the investigator's “quick call to clear up some transactions” is one of the most dangerous moments in the case. Decline it. Call or text 407-846-8008 first.
The Penalty Ladder
• Base offense: fraudulently using (or possessing with intent to use) another person's identification information without consent — a third-degree felony.
• $5,000+ in benefit, or 10–19 victims: a second-degree felony with a 3-year mandatory minimum.
• $50,000+, or 20–29 victims: a first-degree felony with a 5-year mandatory minimum — and at $100,000 or 30+ victims, the minimum becomes 10 years.
• Special victims: fraudulent use of the identification of a minor or a person 60 or older without consent is a second-degree felony for anyone — and a separate provision applies the same felony level even to the child's own parent or guardian, which turns family financial chaos into felony files. Deceased persons' identities carry the same ladder as the living.
• Add-ons: a $1,001 mandatory surcharge, restitution, possible federal exposure for the same conduct, and reclassifications when public records or impersonation of officials are involved.
Where These Cases Are Defended
• Consent and authorization. The statute requires use without consent — and families, couples, and small businesses share logins, sign for each other, and authorize charges informally for years before someone gets angry. Text threads, prior course of dealing, and joint accounts are the defense file.
• Fraudulent intent. Using information isn't enough; the use must be fraudulent. Disputed debts, believed entitlements, and sloppy paperwork are civil problems dressed as crimes.
• Identity of the user. Account takeovers happen over shared Wi-Fi, shared devices, and compromised credentials — the subscriber is not automatically the perpetrator, and IP-based attribution deserves the same skepticism courts increasingly give it.
• The aggregation math. Mandatory minimums hinge on dollar totals and victim counts the State must prove tie together — the same aggregation fights that decide fraud cases decide these.
• Restitution strategy. Especially in family and relationship cases, making the loss whole — through counsel, correctly timed — can reshape charges away from the mandatory-minimum tiers.
Frequently Asked Questions
I used my own child's SSN during a rough financial patch.
You're the classic defendant under the minors provision — and often a strong candidate for a resolution that accounts for circumstances, repayment, and the family's interest. Do not discuss it with investigators before counsel.
My ex authorized these accounts when we were together.
Consent given during the relationship is a defense; the breakup doesn't retroactively criminalize it. Preserve every message and document.
The “victim” is a business partner in a company we both own.
Partners using company and personal information amid a business divorce is a civil dispute until a detective decides otherwise — and pushing it back into civil court is often the right strategy.
Is identity theft sealable or expungeable later?
A withheld adjudication on qualifying charges may be sealable — one more reason the goal is a withhold or reduction, rather than a quick plea to the charged tier.
Paper Builds These Cases. Paper Unbuilds Them.
Chad Seibel is a former prosecutor who reads financial files the way the State does — and finds what they skipped. Call or text 407-846-8008 for a free, confidential consultation. Office visits are by appointment only.