If you’re being investigated or charged under §817.568, an identity theft lawyer Florida can step in quickly to handle subpoenas, preserve data, and communicate with agents. These cases are built from device extractions, bank and merchant records, and digital communications—details matter.
What Florida Must Prove in an Identity Theft Case (§817.568)
- PII of another person: possession, transfer, or use of someone else’s personal identifying information;
- Without authorization/consent of the person whose PII is used;
- Intent to defraud—to obtain money, credit, property, or another benefit.
“Personal identifying information” includes names plus numbers or data that identify a person (e.g., SSN, DL, bank/credit details). See the full statutory definitions in §817.568.
Penalties and Aggravating Factors for Identity Theft
Penalties scale with alleged value and aggravators. Florida law increases exposure when the conduct involves multiple victims, vulnerable victims (e.g., 60+), or higher loss amounts. Collateral issues include restitution, forfeiture, and licensing risks. Review thresholds and enhancements in §817.568.
Defenses an Identity Theft Lawyer in Florida May Use
- Lack of Intent: clerical error, mistaken identity, or legitimate business use rather than fraud;
- Consent / Authorization: express or implied permission to use the PII;
- Insufficient Proof of “PII”: the data used does not meet statutory definitions;
- Search & Seizure: challenge device imaging, cloud data, subpoena/warrant scope, and privilege filters;
- Loss Amount Disputes: improper calculations, duplicates, or offsetting value;
- Venue / Joinder: combat overbroad charging and improper consolidation of acts.
What to Do If Investigators Contact You
- Don’t give a statement without counsel present.
- Preserve emails, texts, and financial records—do not delete anything.
- Bring any subpoenas, target/subject/witness letters, or warrant papers to your meeting.
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Where We Help
We serve clients across Central Florida, including Orange, Osceola, Seminole, Lake, and Brevard counties.
Next Step: If you were contacted by agents or received a subpoena, speak with a lawyer before you speak with anyone else. Call 407-214-3837 or contact us for a confidential consultation.
Identity Theft Lawyer Florida — FAQs
Is identity theft always a felony in Florida?
It depends on the alleged conduct and amounts. Florida scales penalties based on aggravators and value. Review §817.568 and get case-specific advice.
Can I be charged if I never bought anything?
Yes. Possession or use of another’s PII with intent to defraud can be criminal even without a completed purchase. Facts and intent are key.
What if I had permission to use someone’s information?
Consent can be a defense. Proof of authorization, scope, and purpose matters—save texts, emails, or documents that show permission.
