Most fraud cases are won or lost on intent, and rental application cases will be no different: the question is whether a person knowingly lied or simply made a mistake on a form. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have defended fraud and identity cases in Hillsborough County courtrooms for more than 25 years. Our attorneys read every word of the application and every document the landlord relied on before anything else.

This guide explains what HB 1293 (chapter 2026-143, Laws of Florida) made a crime, what it did not, why the Legislature passed it unanimously, and how these charges are defended.

What Does Florida’s New Rental Fraud Law Prohibit?

Section 817.537, Florida Statutes, titled “Fraudulent entry of a residential dwelling unit,” provides that a person may not “enter into and take possession of a residential dwelling unit” by knowingly and willfully doing any of three things:

1. Lying about identity in writing. Making, or causing to be made, a materially false written statement “relating to the person’s identity” in a rental application for a residential tenancy.
2. Using fake documents. Presenting forged, fictitious, or counterfeit documents to the landlord, “including, but not limited to, a driver license, an identification card, a bank statement, or a paystub.”
3. Impersonation. Impersonating another person in whose name a rental application is submitted, in order to sign a lease or take possession.

A violation is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. The law took effect October 1, 2026, after Governor DeSantis signed it on June 12, 2026.

What Does the New Law Not Cover?

The law is narrower than many news reports suggest, and the details matter in court. Three limits stand out in the text:

• The person must take possession. The statute requires entering into and taking possession of the unit. A false application that is rejected, or a lease that is signed but never occupied, does not complete this crime, though other fraud laws may still apply.
• Written statements must relate to identity. A false statement under the first prong must concern the applicant’s identity. Overstating income or leaving out an old eviction on the form, without a forged document, is not covered by that prong. A fake paystub or doctored bank statement, however, is covered by the second prong.
• The conduct must be knowing and willful. An honest mistake, a typo, or information entered by someone else without the applicant’s knowledge is not a crime under this statute.

Older laws still fill some gaps. Section 817.03 has long made it a first-degree misdemeanor to make a false statement in writing to obtain property or credit, and Florida’s identity theft law, section 817.568, applies when someone uses another person’s personal identification information without consent.

Why Did Florida Pass HB 1293?

Landlords and property managers told lawmakers that application fraud has become common and harder to spot. A survey by the National Multifamily Housing Council, conducted from November 2023 to January 2024, found that 93.3% of 75 responding apartment owners, developers, and managers had experienced fraud in the prior 12 months. Of those, 84.3% reported falsified paystubs, employment references, or income documents, and 70.0% reported identity theft or fake ID documents. Respondents said fraudulent applications accounted for an average of 23.8% of their eviction filings.

Florida’s identity theft problem adds to the concern. According to the Federal Trade Commission’s Consumer Sentinel Network Data Book 2024, Floridians filed 115,840 identity theft reports in 2024, or 528 per 100,000 residents, the highest rate of any state.

Eric Garduño of the Bay Area Apartment Association told Bay News 9 that artificial intelligence is making it “harder and harder to distinguish the genuine documents from the fraudulent ones.” Tenant advocates disagreed with the approach. Charles Phillips of the St. Pete Tenants Union told the station that “criminal penalties are absolutely not necessary,” and critics warned that a felony record can make it harder to find future housing and work.

The law also builds on Florida’s 2024 squatter law, which created a fast sheriff’s removal process under section 82.036 for unauthorized occupants who were never tenants. HB 1293 addresses people who become tenants through deception. The U.S. Supreme Court has described the landlord’s underlying interest, the right to exclude, as “one of the most treasured” rights of property ownership in Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021), a case about union organizers’ access to farmland that the House staff analysis cited for that principle.

How Did HB 1293 Move Through the Legislature?

The bill passed every committee and both chambers without a single “no” vote. Representative Greco sponsored the House bill, and Senator Rodriguez sponsored the identical Senate bill, SB 1224. The House Criminal Justice Subcommittee added definitions and clarified the impersonation language.

Vote tallies come from the official bill history and the House Judiciary Committee’s analysis, which projected an “indeterminate” increase in prison beds.

What Can a Landlord Do After Discovering Rental Fraud?

A landlord can end the lease quickly but still cannot lock a tenant out. HB 1293 amended section 83.56 so that fraudulent entry under section 817.537(2) is a lease violation that cannot be cured, “regardless of whether criminal proceedings have commenced.” The landlord can give written notice terminating the rental agreement, and the tenant has 7 days to leave.

If the tenant does not leave, the landlord must still go through a court eviction. Self-help, such as changing the locks or removing belongings, remains illegal in Florida. For tenants, a termination notice based on alleged fraud is also a warning sign that a criminal referral may follow.

How Do You Fight a Rental Fraud Charge in Florida?

The State must prove knowledge, willfulness, materiality, and possession, and each element is open to challenge. Our Tampa white collar crime attorney team looks at these questions:

1. Who prepared the application? Applications are often filled out by relatives, roommates, or third-party “approval services” that promise to get people approved. Proof that someone else made the false statement or created the document can defeat the knowledge element.
2. Was the statement about identity, and was it material? A false statement under the first prong must relate to identity and be material to the landlord’s decision.
3. Was the document actually forged? Screening software flags documents for many reasons, including formatting from legitimate payroll systems. The State must prove the document was forged, fictitious, or counterfeit.
4. Did the person take possession? Without possession of the unit, this specific crime is not complete.
5. When did it happen? The statute applies only to conduct on or after October 1, 2026.

These cases usually begin with a landlord’s complaint to police, not an arrest. If a property manager or detective has contacted you about your application, representation before charges are filed gives our attorneys a chance to resolve the dispute, often through restitution or a move-out agreement, before the State Attorney’s Office decides whether to file.

This post is part of our guide to the new Florida criminal laws that took effect October 1, 2026, which summarizes all eight laws in one place.

Frequently Asked Questions

Is lying about income on a rental application a felony in Florida?

Not by itself under the identity prong, but using a fake paystub, bank statement, or other forged document to support the claim is a third-degree felony if you take possession of the unit. The Brancato Law Firm reviews exactly what was submitted, because the difference between a false answer and a forged document can decide the charge.

Can I be arrested if my roommate lied on our rental application?

Only if the State can prove you knowingly and willfully participated in the false statement or fake document. Our attorneys at The Brancato Law Firm build a timeline of who filled out and submitted each part of the application.

Is using an “approval service” for a rental application illegal?

It can be, if the service creates fake paystubs, bank statements, or references that you knowingly submit. Applicants are sometimes misled by these services, and The Brancato Law Firm treats proof of what you were told as central to the defense, as explained by our fraud defense attorneys.

Can my landlord evict me for rental application fraud?

Yes. A landlord can terminate the lease with 7 days’ written notice and no opportunity to cure, but must still file an eviction case if you do not leave. Our attorneys at The Brancato Law Firm handle the criminal side and can coordinate with your landlord-tenant counsel.

What is the penalty for rental application fraud in Florida?

It is a third-degree felony punishable by up to five years in prison and a $5,000 fine, and a conviction can follow you into future housing and job applications. The Brancato Law Firm pursues outcomes such as diversion or dismissal after restitution where the facts support them.

Does the 2026 rental fraud law apply to squatters?

It applies to people who obtain a rental through a false identity, fake documents, or impersonation. Squatters who never had a lease are handled under Florida’s 2024 squatter removal law and trespass laws, and our attorneys at The Brancato Law Firm defend both kinds of cases.

Talk to a Tampa Fraud Defense Lawyer Today

For more about our defense strategies, visit our White Collar Crimes practice page.

A fraud complaint from a landlord can become a felony charge weeks or months later. Our attorneys will review the application, the documents, and who prepared them, and we will work to resolve the matter before charges are filed when we can. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Most unlicensed practice of law cases are built from paper: a flyer, a website, a receipt, a business card, or a court filing signed by someone who is not a lawyer. I have watched that kind of paper become evidence for more than 25 years in Hillsborough County courtrooms. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys defend notaries, document preparers, paralegals, consultants, and suspended lawyers accused under section 454.23 in Hillsborough, Pinellas, and Pasco Counties, often while the matter is still a Florida Bar inquiry.

What Does Florida Law Make a Crime?

Section 454.23, Florida Statutes, makes it a felony for any person “not licensed or otherwise authorized to practice law in this state” to do any of the following:

• Practice law in Florida;
• Hold himself or herself out to the public as qualified to practice law in Florida; or
• Willfully pretend to be, or willfully take or use any name, title, addition, or description implying that he or she is qualified, or recognized by law as qualified, to practice law in Florida.

The word “willfully” appears only in the third category. Practicing law and holding out to the public are written without it, so the defense to those two usually turns on whether the conduct was the practice of law at all, or whether the person was “otherwise authorized,” for example by working under a lawyer’s supervision.

A separate statute, section 454.31, Florida Statutes, covers lawyers. A person who is knowingly disbarred and not reinstated, or knowingly under suspension, and who practices law or holds himself or herself out as an attorney commits a third-degree felony. Our attorneys defend both kinds of cases as part of our Tampa white collar crime attorney practice.

What Counts as “Practicing Law” in Florida?

Practicing law means giving advice or performing services that affect someone’s important legal rights and that require more legal skill and knowledge than the average citizen has. That test comes from State ex rel. Florida Bar v. Sperry, 140 So. 2d 587 (Fla. 1962), a Florida Supreme Court case about a nonlawyer patent agent. The judgment in Sperry was later vacated on federal patent-law grounds, but Florida courts still use its test for what the practice of law is.

The clearest line for form-filling businesses comes from The Florida Bar v. Brumbaugh, 355 So. 2d 1186 (Fla. 1978), in which the Florida Supreme Court reviewed a nonlawyer who sold divorce kits and typed the paperwork. The Court held that she could sell forms and printed legal information and could type forms “provided that she only copy the information given to her in writing by her clients.” She could not advise customers on remedies, answer questions about which forms they needed or how to fill them out, tell them where to file, or correct their errors and omissions. The same rule applies to wills and real estate documents.

Because the line depends on what was said to each customer, our attorneys collect the actual forms, receipts, texts, and advertisements before deciding where the conduct falls.

What Are the Penalties for Unlicensed Practice of Law in Florida?

The unlicensed practice of law is a third-degree felony, with a maximum of 5 years in prison and a $5,000 fine, set by section 775.082 and section 775.083, Florida Statutes. The table shows the main exposure.

Section 454.23 is not listed in Florida’s offense severity ranking chart, so section 921.0023, Florida Statutes, places it at Level 1. For a first offense with no other charges, that usually means the scoresheet does not require prison, which leaves room to argue for probation, a withhold of adjudication (a sentence that avoids a formal conviction), or a pretrial resolution.

This was a misdemeanor until 2004. Before then, section 454.23 made unlicensed practice of law a first-degree misdemeanor. Senate Bill 1776 became chapter 2004-287, Laws of Florida, and raised it to a third-degree felony effective October 1, 2004. The Senate Criminal Justice Committee analysis of the bill (March 9, 2004) noted that “the majority of cases that come before the State are referred by the Bar.”

How Does an Unlicensed Practice of Law Case Usually Start?

Most cases start with a complaint to The Florida Bar, not a police report. According to the Bar’s guide to filing an unlicensed practice of law complaint, Bar counsel reviews each inquiry, and a local UPL committee in the circuit where the person lives, works, or acted can investigate. The Bar has UPL offices in Tallahassee, Fort Lauderdale, Miami, Orlando, and Tampa. Its remedies are civil: a cease and desist affidavit, a civil injunction from the Florida Supreme Court, and, if an injunction is violated, an action for indirect criminal contempt. The State Attorney decides separately whether to file a felony charge under section 454.23.

The contempt route can carry jail. In The Florida Bar v. Hidalgo, 435 So. 3d 627 (Fla. 2026), the Florida Supreme Court found a nonlawyer guilty of indirect criminal contempt for violating earlier injunctions against unlicensed practice, placed her on 5 months of probation with GPS monitoring, and imposed a 5-month jail sentence suspended on completion of probation. A dissenting justice argued that the Legislature, through the felony statute, holds the authority to punish nonlawyers, and that the respondent “remains subject to prosecution in a criminal proceeding.”

Courts also make referrals on their own. On October 14, 2026, in Green v. State, No. 4D2026-2733 (Fla. 4th DCA Oct. 14, 2026), the Fourth District Court of Appeal dismissed habeas petitions that a nonlawyer had prepared and e-filed for jail inmates, said the filer was “likely engaged in the unlicensed practice of law, which is a third-degree felony,” and warned that any further filing would be referred to The Florida Bar and the State Attorney for investigation. People who file papers for friends or relatives in jail should read that warning closely.

Why Are Notaries and Immigration Consultants at Higher Risk?

Notaries and immigration consultants face more scrutiny because Florida’s notary law singles out titles that sound like legal credentials. Under section 117.05(11), Florida Statutes, a notary who is not authorized to represent people in immigration matters may not advertise using “notario público,” “notario,” “immigration assistant,” “immigration consultant,” or “immigration specialist,” and the literal translation of “Notary Public” into another language is prohibited in notary advertising. Under section 117.05(10), a nonlawyer notary who advertises in a language other than English must include a notice stating, in English and in the advertisement’s language: “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”

Those rules matter in the Tampa Bay area. According to the U.S. Census Bureau’s QuickFacts for Hillsborough County, 19.7% of county residents were foreign-born and 30.7% of residents age 5 and older spoke a language other than English at home in the 2020-2024 American Community Survey estimates. In much of Latin America a notario público is a trained legal professional, so a sign that says “notario” can suggest legal skill to a customer even when the person behind the desk did not intend it.

Legal scholars have documented the same pattern. In Combatting California’s Notario Fraud, published in the Chicanx-Latinx Law Review in 2017, Bianca Carvajal argues that notario fraud persists because enforcement waits for victims to report it, and that agencies need to seek out and prosecute it proactively. In Florida, that means the advertising itself, including signs, social media pages, and business cards, is often the first exhibit in a case.

How Do Our Attorneys Defend an Unlicensed Practice of Law Charge?

Our attorneys start with what the person actually said and did for each customer, because the State must prove conduct, not a job title. The main defense questions:

1. Was it the practice of law? Under Sperry and Brumbaugh, selling forms, typing what a customer wrote, and giving general public information are not. We compare each transaction to those lines.
2. Was the person “otherwise authorized”? Work done under a Florida lawyer’s supervision, or activity a court rule allows, falls outside the statute.
3. For a title or name charge, was it willful? The third category of section 454.23 requires proof that the person willfully pretended to be qualified or willfully used a misleading title.
4. Did the person hold out to the public? A private favor for one relative differs from advertising services to the public.
5. Is the State’s evidence reliable? Many cases rest on customer complaints written after a bad result. We test those statements against the documents and any undercover recordings.
6. Can the case resolve without a felony conviction? Restitution, a signed cease and desist agreement, and closing the business can support a reduced charge, pretrial diversion, or a withhold of adjudication.

For a suspended or disbarred lawyer charged under section 454.31, we also examine whether the person knew of the suspension or disbarment on the dates charged, because the statute requires that knowledge. Licensing cases outside the legal field follow a similar pattern; see our guide to unlicensed contracting penalties in Florida.

What Should You Do If You Are Under Investigation for Unlicensed Practice of Law?

Stop the services in question and talk to a defense lawyer before answering any questions from the Bar, an investigator, or police. Practical steps:

• Do not give a statement about what you told customers, even to explain that you meant well. Anything written in response to a Bar inquiry can become evidence.
• Stop advertising any title that suggests legal skill, including “notario,” “consultant,” or “paralegal services” offered directly to the public.
• Keep every record: forms, receipts, contracts, texts, emails, ads, and any supervising lawyer’s instructions. Do not delete social media posts without legal advice.
• Do not contact former customers about the complaint; that can look like witness tampering.
• Call a defense lawyer before signing a cease and desist affidavit, since it may contain admissions.

If an arrest happens in Hillsborough County, the person sees a judge at first appearance within 24 hours, usually at the Orient Road Jail, and the case is prosecuted by the State Attorney’s Office for the 13th Judicial Circuit. See our Hillsborough County criminal defense attorney page, or our pages for Pinellas County and Pasco County cases. When there is no arrest yet, our representation before charges are filed can address the Bar inquiry and the State Attorney at the same time.

Firm case result: Bar investigation closed with no criminal charges. Rocky Brancato represented a professional under investigation by The Florida Bar for the unlicensed practice of law, which in Florida is also a third-degree felony. His carefully prepared written responses to the Bar protected the client’s rights while working toward a resolution. No criminal charges were filed, and the Bar closed its file with a Letter of Advisement; the client was not required to admit any wrongdoing. More outcomes are on our case results page. Past results do not guarantee future outcomes.

Frequently Asked Questions About Unlicensed Practice of Law in Florida

Is the unlicensed practice of law a felony in Florida?

Yes. Since October 1, 2004, section 454.23 has made it a third-degree felony with up to 5 years in prison and a $5,000 fine. The Brancato Law Firm reviews the Bar file and the advertising first, because those usually decide how strong the State’s case is.

Can a paralegal be charged with unlicensed practice of law?

Yes, if the paralegal gives legal advice or represents people without a Florida lawyer’s supervision. Our attorneys at The Brancato Law Firm document the supervising lawyer’s role, because supervised work falls under the “otherwise authorized” language; our white collar defense page explains how we handle professional charges.

Can a notary help with immigration forms in Florida?

A notary who is not authorized to represent people in immigration matters may notarize signatures but may not give immigration advice or advertise as a “notario,” “immigration consultant,” or “immigration specialist.” The Brancato Law Firm defends notaries whose advertising or paperwork has drawn a Bar complaint or a criminal charge.

Is it illegal to file court papers for a family member in jail?

It can be. In October 2026 the Fourth District Court of Appeal warned that a nonlawyer who prepared and e-filed petitions for inmates was likely engaged in the unlicensed practice of law and threatened a referral to the Bar and the State Attorney. The Brancato Law Firm can step in through our pre-file advocacy before a referral turns into a charge.

What happens when The Florida Bar investigates unlicensed practice of law?

Bar counsel and a local UPL committee review the complaint and can seek a cease and desist affidavit or a civil injunction from the Florida Supreme Court. Our attorneys at The Brancato Law Firm respond to the Bar with the criminal case in mind, since a felony charge is filed separately by the State Attorney.

Can unlicensed practice of law charges be dropped in Florida?

Yes, when the conduct was not the practice of law, the person was authorized, the State cannot prove willfulness on a title charge, or the case resolves through restitution and diversion. The Brancato Law Firm presents those facts to the prosecutor early, often before a charging decision.

Talk to a Tampa Defense Attorney About a UPL Accusation

If you received a letter from The Florida Bar, an investigator asked about your services, or you have a court date, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. We will review your forms, ads, and customer records, explain where the legal line sits for your business, and work to keep a licensing problem from becoming a felony record. You can call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

For more about our defense strategies, visit our Tampa White Collar Crime Attorney page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Many unlicensed contracting cases begin with a homeowner’s complaint to the state or an undercover bid request, not a 911 call, and the first contact is often an investigator asking for a quote or a license number. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys defend contractors, handymen, and business owners charged under section 489.127 across Hillsborough, Pinellas, and Pasco Counties, and we often step in while the case is still an investigation.

What Does Section 489.127 Make a Crime?

Section 489.127(1), Florida Statutes, lists the prohibited acts. No person may:

• Falsely hold himself, herself, or a business out as a licensee, certificateholder, or registrant;
• Impersonate a certificateholder or registrant, or present another person’s certificate or registration as his or her own;
• Knowingly give false or forged evidence to the licensing board;
• Use or attempt to use a suspended or revoked certificate or registration;
• Engage in the business or act in the capacity of a contractor, or advertise as available to do so, without being duly registered or certified;
• Operate a contracting business more than 60 days after its only qualifying agent leaves without designating a new one;
• Commence or perform work that requires a building permit without the permit; or
• Willfully or deliberately violate a county or municipal ordinance on uncertified or unregistered contractors.

Two definitions in the same subsection catch people off guard. A person or business “operating on an inactive or suspended certificate or registration is not duly certified or registered and is considered unlicensed,” and “A business tax receipt issued under the authority of chapter 205 is not a license.” A county or city business tax receipt does not make someone a licensed contractor.

What Are the Penalties for Unlicensed Contracting in Florida?

The degree depends on the person’s history and when the work happened. Section 489.127(2) sets the ladder, and section 489.127(4) applies a parallel ladder to licensed contractors who lend their numbers.

Maximum terms and fines come from section 775.082 and section 775.083, Florida Statutes. The felony step in (2)(b) requires that the person was “previously found guilty” of a violation, so a second arrest alone does not make a case a felony. Our attorneys check the prior disposition first.

Why Does a Hurricane Turn Unlicensed Contracting Into a Felony?

Because section 489.127(2)(c) makes any violation of subsection (1) a third-degree felony when it happens “during the existence of a state of emergency declared by executive order of the Governor.” After a storm, repair work that would be a first-offense misdemeanor any other month can be filed as a felony.

The emergency enhancement is only as strong as the order behind it. Our attorneys pull the executive order, check that it covered the county where the work happened and was still in effect on the dates charged, and hold the State to proving both. The Department of Business and Professional Regulation calls natural disasters “a magnet for unlicensed activity”; its FY 2023-24 annual report says teams including the Tampa office conducted more than 60 sweeps, 338 site visits, and more than 1,200 license checks after Hurricane Idalia.

Can a Licensed Contractor Be Charged for Lending a License Number?

Yes. Under section 489.127(4), a certified or registered contractor may not:

• Enter into an agreement, “oral or written,” that lets an unlicensed person or an unqualified business use his or her certification or registration number;
• “Knowingly allow” an unlicensed person or unqualified business to use the number; or
• Apply for or obtain a building permit unless the contractor, or a business the contractor qualifies, has actually contracted to do the work at that property.

The permit rule has two built-in exceptions: it does not stop a contractor from pulling a permit to do work for someone else without compensation, or to work on property the contractor owns. The “knowingly allow” paragraph requires proof of knowledge, which is often the weakest part of the State’s case. Our attorneys at The Brancato Law Firm look at what the contractor was told, what was signed, and who actually controlled the job.

Which Jobs Do Not Require a Contractor’s License in Florida?

Several kinds of work are exempt under section 489.103, Florida Statutes, and an exemption is a complete answer to an unlicensed contracting charge. Two come up most often:

Whether a job needed a license at all is also a question of what the work was. The State must show the person was acting as a contractor as section 489.105 defines it, and that is where the next case comes in.

What Does the State Have to Prove in an Unlicensed Contracting Case?

In Dubois v. State, 363 So. 3d 246 (Fla. 6th DCA 2023), a Lee County jury convicted a woman of contracting without a license over a home generator. The Sixth District explained that, to prove a person was a contractor, the State must show the person undertook to “construct, repair, alter, remodel, add to, demolish, subtract from or improve a building or structure” for others, did so for compensation, and had a job scope substantially similar to one of the contractor categories in section 489.105(3).

The State never introduced the written contract, and the homeowner did not testify that she had agreed to install the generator, let alone in a way that altered the house. The court held that “no rational trier of fact could have found the existence of all of the elements” and ordered a judgment of acquittal. Delivering equipment or quoting a price is not the same as contracting to alter a structure, and our attorneys hold the State to the difference.

What Happens After a DBPR Stop-Work Order or Code Enforcement Citation?

Both can come before, or instead of, a criminal case. Under section 489.127(3), DBPR may issue a stop-work order “upon finding probable cause” that work requiring a license is being done without one, and it may enforce the order through cease-and-desist actions under section 455.228, Florida Statutes.

Under section 489.127(5), counties and cities may designate code enforcement officers to cite unlicensed contracting. The officer’s citation penalty “may not exceed $2,000,” but a person who requests a hearing and loses can be ordered by the board or special magistrate to pay up to “$2,500 per day for each violation,” and a recorded order becomes a lien on the violator’s real and personal property. The person has 10 days, excluding weekends and legal holidays, to pay or request a hearing. What a contractor says at that hearing can become evidence in a criminal case, so our attorneys prepare it with the criminal exposure in mind.

How Often Does Florida Act Against Unlicensed Activity?

Thousands of times a year. In fiscal year 2023-24, DBPR’s Division of Regulation received 4,372 complaints of unlicensed activity across the professions it regulates, found 2,735 legally sufficient for investigation, and issued 1,118 notices to cease and desist, 731 citations, and 1,013 final orders, according to the department’s FY 2023-24 annual report. The same report counts 524 sweep operations and 12 undercover enforcement operations, and says completed unlicensed activity cases “are also forwarded to State Attorney’s Offices for review and potential criminal prosecution.”

Arrests follow the stings. The Legislature’s Office of Program Policy Analysis and Government Accountability, in Report No. 10-03 (January 2010), found that DBPR conducted 352 construction-related sweeps and 20 sting operations in FY 2008-09, and that law enforcement took part in 28 sweeps and 19 stings and made 367 arrests. The figures are from 2010, the most recent year that report covers.

What Civil Consequences Come With Unlicensed Contracting?

The criminal case is only part of the exposure. Under section 489.128, Florida Statutes, contracts entered into by an unlicensed contractor “shall be unenforceable in law or in equity by the unlicensed contractor,” which can wipe out the right to collect for finished work. In Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013), the Florida Supreme Court held that “a party’s knowledge that a contractor is unlicensed is insufficient as a matter of law to establish the defense of in pari delicto,” so the unlicensed contractor cannot argue the customer was equally at fault.

Timing matters under section 489.128. For that statute, a contractor is considered unlicensed “only if the contractor was unlicensed on the effective date of the original contract,” or on the signing date or the first day of work if no effective date is stated. That rule governs contract enforcement, not the criminal charge, but the licensing records gathered for one usually decide the other.

How Do Our Attorneys Defend an Unlicensed Contracting Charge?

We start with the elements and the paper trail:

1. Was a license required? We test the job against the $2,500 minor-work exemption, the owner-builder exemption, and the other exemptions in section 489.103.
2. Was the person acting as a contractor? Under Dubois, the State must prove an agreement to alter or improve a structure, for compensation, within a contractor’s job scope.
3. What did the licensing records show on the dates charged? We pull DBPR history for active, inactive, suspended, and qualifying-agent status.
4. Does the felony enhancement hold? We check the prior finding of guilt, or the emergency order’s dates and counties.
5. For license lending, what did the contractor know? The “knowingly allow” paragraph requires proof of knowledge.
6. Can the case end without a conviction? Restitution, a corrected license status, and diversion can resolve many first offenses.

Our Tampa white collar crime attorney page explains how we handle regulatory and fraud-related charges, and our representation before charges are filed can address a DBPR or police investigation before an arrest.

What Should You Do If You Are Under Investigation for Unlicensed Contracting?

• Do not give a recorded statement to an investigator or code officer about whether you hold a license or what you agreed to do.
• Stop the work in question if you received a stop-work order, and keep a copy of the order.
• Gather the paperwork: contracts, estimates, invoices, permits, texts with the customer, and any license or qualifying-agent records.
• Note the deadline on any code enforcement citation; you have 10 days, excluding weekends and holidays, to pay or request a hearing.
• Call a defense lawyer before the hearing or any interview.

Cases filed in Hillsborough County are prosecuted by the State Attorney’s Office for the 13th Judicial Circuit. See our Hillsborough County criminal defense attorney page, or our pages for Pinellas County and Pasco County cases.

Frequently Asked Questions About Unlicensed Contracting in Florida

Is unlicensed contracting a felony in Florida?

It is a first-degree misdemeanor for a first violation, and a third-degree felony after a prior finding of guilt or during a Governor-declared state of emergency. The Brancato Law Firm checks the prior record and the emergency order before anything else, because those two facts set the degree; our white collar defense page has more.

How much work can you do without a license in Florida?

Casual, minor, or inconsequential work with an aggregate contract price under $2,500 is exempt, unless it is part of a larger job, was split up to evade the law, or the person advertises as a contractor. Our attorneys at The Brancato Law Firm add up every invoice on the project, because the State often does.

Can unlicensed contracting charges be dropped in Florida?

Yes, when an exemption applies, the work was not contracting, the license records do not support the charge, or the case resolves through restitution or diversion. The Brancato Law Firm presents those facts to the prosecutor early, often through our pre-file advocacy.

Is a business tax receipt the same as a contractor’s license?

No. Section 489.127(1) says a business tax receipt issued under chapter 205 “is not a license for purposes of this part.” The Brancato Law Firm reviews which state certification or registration, if any, the job actually required.

Can I go to jail for contracting without a license in Florida?

Yes, up to 1 year for a first-offense misdemeanor and up to 5 years for a felony, although many first offenses resolve without jail. Our attorneys at The Brancato Law Firm focus on restitution, licensing fixes, and diversion where the facts allow.

What happens if I ignore a code enforcement citation for unlicensed contracting?

The citation becomes final, the penalty can become a recorded lien, and willfully refusing to sign and accept a citation is a second-degree misdemeanor. The Brancato Law Firm can request the hearing and prepare for it with any criminal exposure in mind.

Talk to a Tampa Defense Attorney About a Contracting Charge

If an investigator has asked about your license, a job site has been shut down, or you have a court date, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. We will review the license records, the contracts, and any emergency order, and work toward a result that protects both your record and your business. You can call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Tampa White Collar Crime Attorney page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

To convict someone of identity theft under Florida’s main statute, a prosecutor must prove more than that another person’s card number or Social Security number turned up in a phone or wallet. The State must prove the use, or the intended use, was willful, fraudulent, and without consent, and the heaviest penalties depend on numbers a jury has to find. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys defend identity theft, unlawful possession of personal identification information, and related fraud charges in Hillsborough, Pinellas, and Pasco Counties, often while the case is still an investigation.

What does the State have to prove in a Florida identity theft case?

The State must prove that you used, or possessed with intent to use, another person’s identifying information fraudulently, willfully, without authorization, and without consent. Under section 817.568(2)(a), Florida Statutes, a person commits the offense if he or she “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.”

The definition of personal identification information is broad. It means “any name or number that may be used, alone or in conjunction with any other information, to identify a specific person,” including a name, address, phone number, Social Security number, date of birth, driver license number, bank account, credit or debit card number, PIN, biometric data, and medical records. “Authorization” means “empowerment, permission, or competence to act.” Each element is a separate fight, and our Tampa white collar crime attorney team tests them one at a time.

What are the penalties for identity theft in Florida?

The degree depends on the dollar amount involved or the number of people whose information was used. Section 817.568(2) sets this ladder:

The maximums come from section 775.082, Florida Statutes. The dollar amount can be “the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated.” Under subsection (3), if a mandatory minimum is longer than the maximum the law otherwise allows, “the mandatory minimum sentence must be imposed.” The statute’s text has not changed since 2021. Our post on felony degrees in Florida explains how these levels interact with the sentencing scoresheet.

Do the mandatory minimums apply if I only possessed the information?

No. The 3-, 5-, and 10-year minimums in section 817.568(2)(b) and (2)(c) apply only when the person “fraudulently uses” the information. Possession with intent to use stays at subsection (2)(a), a third-degree felony with no minimum. That one word, uses, is often the most important line in the case.

When the minimum applies, the judge cannot skip it. In State v. Barnhart, 310 So. 3d 132 (Fla. 1st DCA 2020), a Leon County jury found fraud of $5,000 or more, and the trial judge held the three-year minimum “in abeyance.” The First District reversed: “As the Legislature has prescribed a three-year mandatory minimum, the trial court had no authority to do otherwise.”

The State must also charge the threshold and prove it to the jury. In Roodbergen v. State, No. 2D19-3250 (Fla. 2d DCA Nov. 5, 2021), a Manatee County case involving a victim 60 or older, the Second District held the three-year minimum applied “because the information charged and the jury, by special verdict, specifically found beyond a reasonable doubt that both of those counts involved a pecuniary benefit of $5,000 or more.” The Second District hears appeals from Hillsborough, Pinellas, and Pasco Counties. Our attorneys at The Brancato Law Firm read the charging document and the proposed verdict form for exactly this point, because a dollar figure the jury never found cannot support a minimum.

Subsection (13) gives the prosecutor one more tool: the State may move to “reduce or suspend the sentence” of a person who provides “substantial assistance,” and the motion may be heard in camera.

Which victims make identity theft a more serious charge?

Several victim categories and methods create separate second-degree felonies or raise the degree. Section 817.568 lists them in separate subsections:

The statute states no mandatory minimum for subsections (6), (7), and (11). In Roodbergen, the Second District expressly left open whether (2)(b) and (6) “prescribe separate enhancements or separate offenses.” The Brancato Law Firm checks which subsection the State actually charged, because the wrong one changes the sentencing range.

What is unlawful possession of personal identification information?

It is a separate, lesser crime that requires no intent to defraud. Section 817.5685, Florida Statutes, makes it unlawful “to intentionally or knowingly possess, without authorization, the personal identification information of another person in any form, including, but not limited to, mail, physical documents, identification cards, or information stored in digital form.” This is often the charge when someone is found holding other people’s cards or mail.

The number of people decides the degree. Possessing the information of “four or fewer persons” is a first-degree misdemeanor. Five or more is a third-degree felony, and possession of five or more people’s information, “unless satisfactorily explained, gives rise to an inference” that it was knowing and unauthorized. The statute gives two affirmative defenses: a “reasonable belief that such possession was authorized by law or by the consent of the other person,” and information obtained from a source “open or available to the general public or from a public record.” Parents, guardians, government employees, and lawful businesses acting in the ordinary course are excluded.

Juries return this lesser charge. In King v. State, No. 4D2024-1060 (Fla. 4th DCA Oct. 29, 2025), a Broward jury convicted on the misdemeanor possession lesser, finding information of “at most, two individuals,” yet the trial court imposed 3 years in prison and 2 years of probation. The State conceded he “was adjudicated guilty and sentenced under the wrong statute,” and the Fourth District reversed for resentencing. Our attorneys at The Brancato Law Firm count the victims the State can actually prove, because that count sets the ceiling.

Can the State charge one act as several counts?

Not if the counts rest on a single act. In Fravel v. State, 188 So. 3d 969 (Fla. 4th DCA 2016), the Fourth District held that “section 817.568(2)(a) is a lesser included offense, which would be subsumed by the greater offense of section 817.568(2)(b) if they were directed at a single act.” The two counts in that case survived only because the State proved “two distinct acts,” opening a Chase card and a Capital One card, and tied each count to one account.

Identity theft cases can be charged with many counts drawn from one bank statement. The Brancato Law Firm makes the State identify the specific act behind each count, and counts that duplicate one act can be challenged. Our post on how criminal charges are dropped or dismissed in Florida explains the motion practice.

What costs come with an identity theft conviction?

A plea or verdict brings a $1,001 surcharge that the judge cannot waive. Under section 817.568(12), the surcharge applies “regardless of adjudication,” so it attaches even with a withhold of adjudication. Restitution can include “attorney’s fees incurred by the victim in clearing the victim’s credit history or credit rating,” and the court may order public records corrected.

Those costs sit on top of any restitution for the money itself. Our attorneys at The Brancato Law Firm look at the restitution figure as closely as the criminal charge, because the same dollar amount often drives both.

Where is an identity theft case prosecuted?

It can be prosecuted in any county where an element of the offense happened, including the county where the victim generally resides. For the consent element, section 817.568 presumes the place of consent is the county “where the victim generally resides.” A person who never set foot in Hillsborough County can be charged there if the victim lives there.

In Hillsborough County, felony charges are filed by the State Attorney’s Office for the 13th Judicial Circuit, and an arrest means a first appearance within 24 hours, usually from the Orient Road Jail. Our firm defends these cases in Hillsborough, Pinellas, and Pasco Counties, and our Hillsborough County criminal defense attorney page explains the local court process.

How common is identity theft in Florida?

Florida leads the country in identity theft reports per person. In 2024, Florida consumers filed 115,840 identity theft reports with the Federal Trade Commission, or 528 per 100,000 residents, ranking Florida 1st among the states, according to the FTC’s Consumer Sentinel Network Data Book 2024. Nationally, the FTC received 1,135,291 identity theft reports in 2024. These are consumer reports to the FTC, not arrests or proven crimes.

Most victims never call the police. The Bureau of Justice Statistics report Victims of Identity Theft, 2021 (released 2023) estimated that about 23.9 million people age 16 or older experienced identity theft in the prior 12 months, and only about 7% of victims reported it to police. Because so few victims report, the cases that do reach police can begin with a bank’s fraud department or a personal dispute, and our attorneys at The Brancato Law Firm look closely at who reported it and why.

How do our attorneys fight an identity theft charge?

We start with consent and authorization, then make the State prove every number. Our attorneys work through six questions:

1. Was there consent or authorization? A spouse, roommate, employee, or business partner who had permission to use an account was not acting without consent, and a later falling-out does not change what was agreed at the time.
2. Who actually used the information? Shared devices, shared accounts, and shared addresses make the identity of the user a real question. Login records, IP addresses, store video, and delivery records must point to the client.
3. Was the information used or only possessed? Possession with intent is a third-degree felony with no minimum.
4. Can the State prove the amount and the victim count? The 3-, 5-, and 10-year minimums require proof of the threshold to the jury, as Roodbergen holds.
5. Do the counts duplicate one act? Under Fravel, one act cannot support stacked counts.
6. Does a section 817.5685 defense apply? A reasonable belief in consent, or information taken from a public source, is an affirmative defense to the possession charge.

Related charges often travel with identity theft, including grand theft and scheme to defraud. Our guide on how to fight a theft charge in Florida covers how value is proven in those counts.

What should you do if you are under investigation for identity theft?

Stop talking and get a lawyer involved before the State files charges. Identity theft cases are often built from bank records, subpoenas, and interviews over weeks or months, and the investigation is the best time to correct a mistaken assumption about consent or who used an account.

1. Do not explain the transactions to a detective or bank investigator. A statement about permission can be turned into an admission of use.
2. Do not contact the alleged victim. Messages about money or permission become evidence.
3. Save your own records. Texts granting permission, shared account details, and work authorizations can prove consent.
4. Ask about pre-file representation. Our firm’s pre-file advocacy puts the defense’s evidence in front of the prosecutor before the filing decision.

If an arrest has already happened, our guide on what to do after being arrested in Tampa covers the first steps.

Frequently asked questions about identity theft charges in Florida

Can identity theft charges be dropped in Florida?

Yes. Identity theft charges can be dropped or reduced when the evidence shows consent, when the State cannot prove who used the information, or when the dollar amount or victim count falls below a threshold. The Brancato Law Firm brings those records to the prosecutor early, and our post on getting charges dropped or dismissed in Florida explains the process.

Is having someone else’s credit card numbers a crime in Florida?

It can be, even without any use. Under section 817.5685, knowingly possessing another person’s card or account number without authorization is a first-degree misdemeanor for four or fewer people and a third-degree felony for five or more, and The Brancato Law Firm looks first at the statute’s defenses for consent and public sources.

Is there a mandatory minimum sentence for identity theft in Florida?

Only at the higher tiers. Fraudulent use of $5,000 or more, or of 10 or more people’s information, carries a 3-year minimum, rising to 5 and 10 years at $50,000 and $100,000 or 20 and 30 people. Our attorneys at The Brancato Law Firm challenge the amount and the count, as described on our Tampa white collar crime defense page.

What if the person gave me permission to use their information?

Then it is not identity theft under section 817.568, which requires use “without first obtaining that person’s consent.” The Brancato Law Firm gathers the texts, emails, and account records that show permission, because the alleged victim’s memory of the arrangement often changes after a falling-out.

Can a parent be charged with identity theft for using a child’s information in Florida?

Yes. Under section 817.568(7), a parent, legal guardian, or person exercising custodial authority over someone under 18 or 60 or older who willfully and fraudulently uses that person’s information commits a second-degree felony. Our attorneys at The Brancato Law Firm examine whether the use was authorized for the family member’s benefit, and our Tampa white collar crime lawyer page covers related fraud charges.

What should I do if a bank or detective contacts me about identity theft?

Do not give a statement until you have spoken with a lawyer. The Brancato Law Firm provides representation before charges are filed and can respond to the investigator for you.

Call before the investigation becomes a charge

Account logs, login records, and store video are kept for limited periods, and an identity theft investigation can run for months before an arrest. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will collect the records that show consent, test who used the information, and speak with the investigator or prosecutor before the filing decision. Call (813) 727-7159 for a free, confidential consultation; you can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa White Collar Crime Attorney page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I spent years as a police academy instructor teaching officers how to apply Florida statutes in the field, and I later served as COO of the Hillsborough County Public Defender’s Office, overseeing a staff of over 100. Today our attorneys defend people charged with crimes in Hillsborough, Pinellas, and Pasco Counties, including business owners who find themselves in a criminal investigation over what is really a payment dispute.

What does Florida’s mover statute, section 507.11, make a crime?

Section 507.11(1), Florida Statutes, makes it a third-degree felony for a mover, or a mover’s employee, agent, or contractor, to refuse a law enforcement officer’s order to release a customer’s household goods. The order only triggers the felony if the officer first makes one of two specific determinations. A third-degree felony in Florida carries up to five years in prison and a $5,000 fine under section 775.082 and section 775.083.

The statute calls the customer the “shipper.” Here is what the State would have to establish:

Every other violation of Chapter 507 is a first-degree misdemeanor under section 507.11(2), punishable by up to one year in jail and a $1,000 fine. That catch-all covers registration, estimate, and disclosure failures.

When can a Florida mover legally hold a customer’s belongings?

A Florida mover can hold household goods when the customer has not paid the amount specified in a written contract or estimate that the customer signed and dated. Section 507.06(1) requires a mover to deliver and place goods inside the customer’s home “unless the shipper has not tendered payment in the amount specified in a written contract or estimate signed and dated by the shipper.”

Three limits apply even when the mover is owed money:

• Medicine and children’s items. A mover “may not refuse to relinquish prescription medicines and goods for use by children, including children’s furniture, clothing, or toys, under any circumstances.”
• Payment refusal. Under section 507.06(2), a mover cannot withhold goods because it refused a form of payment it was required to accept. Section 507.05 requires every mover to accept at least two of three payment types (cash-type payment, personal check, or credit card) and to disclose which ones on the estimate and contract.
• Storage disclosure. A mover that lawfully withholds goods may store them until payment is tendered. Under section 507.06(3), the mover must disclose the storage location and the amount due within five days of a written request.

An officer arriving at the scene sees a customer standing next to a truck full of their own furniture. The statute requires the officer to look past that picture and read the paperwork.

Does a signed revised estimate change what the customer owes?

Yes. Since July 1, 2024, section 507.11(1) expressly counts “amendments to the contract for services reflecting the price adjustment signed by the shipper” when deciding whether the customer has paid. The Legislature added that language, along with electronic acknowledgment, in Senate Bill 304 (2024), which became Chapter 2024-47, Laws of Florida.

The practical effect is clear. A customer who agrees in writing to a higher price, before the work is done, owes the higher price. Paying only the original phone quote does not satisfy section 507.11(1), and an officer who treats the original quote as the controlling number is ignoring the amendment language the Legislature added in 2024.

When does holding goods cross the line into a crime or a lawsuit?

Holding goods becomes unlawful when the mover inflates the price without a valid signed agreement, or keeps goods after the customer has paid what the signed documents require. Section 507.07 lists the violations. These include misrepresenting the price of moving services, failing to honor the contract for services, and withholding goods “if payment has been made as delineated in the estimate or contract for services.” Under section 507.08, any violation of Chapter 507 is also a deceptive and unfair trade practice under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA).

The classic bait-and-switch shows the difference. In Thompson Nation Holdings LLC v. Gonzalez, No. 3D2024-0588 (Fla. 3d DCA Sept. 10, 2025), a student hired movers to take her belongings from Miami to Gainesville on a $1,146 binding estimate that promised no additional charges unless specified or requested. At the destination, the movers presented a $4,389.25 invoice, refused to unload when she offered the estimate amount, and left with her belongings while she went inside to call police. The bill of lading she signed that morning had blank rate lines that were filled in by hand later. The Third District affirmed summary judgment for the customer, including the trial court’s findings of FDUTPA violations, fraud, and breach of contract. The lesson for movers is simple: a price increase the customer never signed is worth nothing, and a document filled in after the fact can make things worse.

I have been on the customer’s side of this myself. A mover once quoted me a price, never prepared a change order, raised the price when the crew arrived, and held my belongings until I paid. The next day I called the company, demanded a refund of the difference, and told them I would sue. They refunded it. I am a lawyer, and I suspect that is the main reason it worked. Shady movers rely on intimidation and on customers not knowing the law. Chapter 507 exists for that situation. A mover who discloses a higher price up front and gets the customer’s signature before lifting a box stands in a very different position.

Federal investigators have tracked the same problem for years. A 2009 Government Accountability Office report on the household goods moving industry, GAO-10-38, noted that some consumer complaints to federal regulators “involve egregious offenses, such as holding goods hostage.” In 2024, Florida’s Senate staff counted 1,348 movers and 39 moving brokers with active Florida registrations as of December 4, 2023, according to the Senate Fiscal Policy Committee’s bill analysis of SB 304.

Can a mover be charged with resisting an officer instead?

An officer could try. Resisting an officer without violence under section 843.02 is a first-degree misdemeanor. In C.E.L. v. State, 24 So. 3d 1181 (Fla. 2009), the Florida Supreme Court reviewed a juvenile’s conviction for running from police and held that the State must prove two things: the officer was engaged in the lawful execution of a legal duty, and the accused’s words or conduct obstructed or resisted that duty.

That first element matters for movers. An order to release goods that section 507.11 does not authorize is hard to describe as the lawful execution of a legal duty. Our attorneys would raise that argument on a resisting charge. A mover who physically interferes with an officer, however, risks charges that are much harder to defend, so save every argument about the order for court.

How often are movers actually prosecuted under section 507.11?

Felony prosecutions under section 507.11 appear to be rare. When the Legislature’s Criminal Justice Impact Conference reviewed a 2015 bill to expand the statute, the Department of Corrections reported that zero offenders were sentenced under section 507.11(1) in fiscal year 2013-14, according to the Office of Economic and Demographic Research’s impact estimate for HB 765. That figure is more than a decade old, and the 2024 amendments may change enforcement patterns. As of October 2026, our research found no published Florida appellate decision interpreting section 507.11’s officer-determination language, which helps explain why officers in the field read it inconsistently.

Arrests can still happen. An arrest happens on the officer’s judgment at the scene. Whether formal charges follow is a separate decision made later by the State Attorney’s Office.

What should a mover do when police demand the goods be released?

A mover facing an officer’s release order should stay calm, show the signed documents, and decide deliberately whether to comply under protest or hold the goods. Here is the approach our firm recommends:

1. Produce the paperwork immediately. Show the original estimate, the signed revised estimate, the contract for services, and the electronic signature record with its time stamp, email address, and IP address.
2. Point the officer to the two triggers. Explain that the customer has not paid the signed amended amount and that a signed binding estimate is in hand, so neither condition in section 507.11(1) is met.
3. Release medicine and children’s items right away. Section 507.06(1) allows no exception for these.
4. Offer to accept payment. Confirm the payment forms disclosed on the estimate and that you will take them.
5. Do not physically resist. Never block, push, or pull away from an officer.
6. Call a criminal defense attorney. A Hillsborough County criminal defense attorney can speak to the officer or a supervisor while the facts are fresh.

The decision to comply or hold is a business judgment with real tradeoffs:

An arrest made without probable cause can support a federal civil rights claim. Officers, however, can raise qualified immunity, which in the Eleventh Circuit protects an officer who had “arguable” probable cause. A civil case after an arrest is slow and uncertain.

What does a revised estimate need to hold up?

A revised estimate holds up best when it meets every requirement in section 507.05 and is signed before any work begins. Use this checklist:

• Prepared by a mover registered with the Florida Department of Agriculture and Consumer Services
• Signed or electronically acknowledged, and dated, by the customer and the mover (and any broker)
• Shows the original amount, the revised total, and the reason for the change, such as the actual item count or volume
• Includes an itemized breakdown of loading, transportation, unloading, and accessorial charges
• Discloses accepted payment forms and the storage location in case of a fee dispute
• Signed before loading, with the time stamp preserved

Chapter 507 applies only to moves that begin and end in Florida, under section 507.02. Interstate moves are governed by federal rules. Under 49 C.F.R. section 375.403, an interstate mover that finds additional goods must, before loading, reaffirm its binding estimate, prepare a new binding estimate signed by the customer that lists the added goods in detail, or agree in writing to treat the original estimate as non-binding. Florida law has no identical rule, but following the federal model gives an intrastate mover strong evidence that the revision was fair and agreed.

What happens if a mover is arrested in Tampa Bay?

A mover arrested in Hillsborough, Pinellas, or Pasco County who is not released on a bond schedule will see a judge at first appearance within 24 hours, where bond and release conditions are set. The State Attorney’s Office then decides whether to file formal charges, and the customer does not control that decision. Our related post on whether a victim can drop charges in Florida explains how that filing decision works.

The weeks between arrest and the filing decision are the best time to act. Our attorneys use that window for pre-file advocacy: sending prosecutors the signed revised estimate, the electronic signature audit trail, photos or video of the load, and a written analysis of sections 507.06 and 507.11. A prosecutor who sees a signed, time-stamped price amendment has good reason to decline the case. Save every document, text, and photo from the job, and avoid giving a statement to police without counsel. Our post on the Florida accident report privilege explains how statements to police can be used later, and our guide to what a criminal defense attorney costs in Tampa covers fees.

For more about our defense strategies, visit our Hillsborough County criminal defense attorney page.

Frequently asked questions

Can a Florida mover keep my furniture if I only paid the phone estimate?

Yes, if you later signed and dated a revised estimate with a higher price and have not paid it. Section 507.06(1) lets a mover withhold goods until the customer tenders the amount in a signed written estimate or contract. Prescription medicines and children’s items must still be released.

Is it legal for a mover to raise the price on moving day in Florida?

A price increase is enforceable when it is put in writing and signed or electronically acknowledged by the customer before the work is done. An increase the customer never agreed to can violate section 507.07 and FDUTPA, as the movers in Thompson Nation Holdings LLC v. Gonzalez, No. 3D2024-0588 (Fla. 3d DCA Sept. 10, 2025) learned. Our firm tells movers to get the signature before loading.

Does a mover’s electronic signature record count as proof in Florida?

Yes. Since July 1, 2024, section 507.11(1) refers to a “signed or electronically acknowledged” binding estimate, and section 507.05 allows the shipper and mover to electronically acknowledge the estimate and contract. A record showing the time stamp, email address, and IP address is strong evidence the customer agreed.

If a mover releases goods to police, does it lose the right to collect?

No. Section 507.11(1) states that complying with an officer’s order “is not a waiver or finding of fact regarding any right to seek further payment from the shipper.” The mover can still pursue the balance in civil court. The Brancato Law Firm’s practice is criminal defense, so we focus on the arrest risk side of that choice.

Can a moving crew member be arrested, or only the company owner?

Both. Section 507.11(1) applies to “a mover or a mover’s employee, agent, or contractor,” so a driver who refuses an officer’s order can face the same charge as the owner. Crew members should call the owner and a lawyer before deciding how to respond.

What should I do if police threaten to arrest me over a moving payment dispute in Tampa?

Show the signed documents, release medicine and children’s items, do not physically resist, and call a criminal defense attorney. The Brancato Law Firm, P.A. can review your estimate and contract, talk to the officer, and defend you if an arrest happens. Call (813) 727-7159.

Talk to a Tampa criminal defense attorney today

If an officer has threatened to arrest you over a moving job, or you have already been arrested, the attorneys of The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, can help. Call (813) 727-7159 now, before the State Attorney’s Office makes its filing decision.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A Tampa Criminal Defense Case Study

By Rocky Brancato

Early in my career, I tried a case that taught me a lesson I still carry today: never accept the narrative that police and prosecutors present at face value. Although the case made headlines across Florida, and although the State’s theory seemed airtight, I discovered something important when I dug deeper. As a young attorney facing witnesses who thought they could push me around, I learned that thorough investigation changes everything.

To this day, every time I feel tempted to cut corners—to believe the story the State tells without digging deeper—I think about this case and what thorough investigation revealed.

The Case That Made Headlines

My client sat in a Correctional Institution in the Florida Panhandle, serving two life sentences plus 55 years. Years earlier, a Broward County jury had convicted him of a violent crime. Consequently, he faced spending the rest of his life behind bars.

Then something strange happened. The Florida Department of Corrections notified the original prosecutor that my client would soon walk free. According to prison records, court orders had dramatically reduced his sentences. As a result, with credit for time served, he would leave prison in a matter of months.

The prosecutor reacted with shock. After checking with the court, he discovered that no judge had ever granted such a sentence reduction. Therefore, he concluded that someone had forged the documents in the prison’s possession.

News organizations across the state picked up the story. Headlines announced that a dangerous inmate had nearly “forged his own release.” Meanwhile, the prosecutor gave interviews portraying himself as the hero who caught the scheme. Subsequently, authorities charged my client with attempted escape, and he faced an additional 30 years in prison.

That’s when I got the case.

The State’s Theory

The prosecution’s theory seemed simple and convincing: my client had forged court documents and submitted them to the prison to secure his release. After all, he had a history of forgery. Moreover, he was intelligent and desperate. Therefore, case closed—or so they thought.

When reporters asked how the Department of Corrections had accepted the documents, officials responded confidently: “We followed procedures. The order was verified.”

That statement immediately caught my attention. If officials had verified the documents, I wanted to know exactly how they had done so.

Reconstructing the Paper Trail

I went to work immediately. Because this happened before electronic filing became standard, court orders arrived at prisons by mail, on paper. If my client had forged these documents, I needed to understand exactly how they had entered the system.

First, I took depositions from everyone involved. I questioned the Department of Corrections personnel who had received and processed the documents. Next, I deposed the judge whose signature appeared on the orders. Finally, I deposed the prosecutor who had made headlines claiming to have caught the scheme.

Throughout this process, I meticulously followed the paper trail. What I discovered surprised even me:

• Officials logged the documents into the prison’s official mail system. The Department of Corrections maintained logs for all incoming mail, with a separate log for official court documents. Notably, these orders appeared on the official log.
• The documents originated from the court—not a random address. In other words, no one had mailed them from some outside location. Instead, they arrived through official channels, originating from the Broward County courthouse.
• The clerk of court had clocked in the documents. As a result, the court system contained a record of them.
• The signature matched the judge’s handwriting. Importantly, no one disputed this fact. The signature on the documents looked consistent with the judge’s authentic signature.

The Fingerprint in the Clerk’s File

After I had reconstructed the paper trail and demonstrated verification at each level, the State produced another piece of evidence: they claimed my client’s fingerprint appeared on the order.

However, here was the critical problem: the fingerprint allegedly appeared on the document sitting in the actual clerk of court’s file in Broward County.

Think carefully about what this means. My client remained incarcerated in a maximum security prison in the Panhandle. Meanwhile, the document with his alleged fingerprint sat in the clerk’s file at the Broward County courthouse, hundreds of miles away. When exactly did he touch it? More importantly, how could he possibly have touched it?

At trial, I challenged the fingerprint examiner directly. The examiner could not adequately demonstrate the methodology—specifically, he could not show the jury exactly why this print matched my client and could not have come from anyone else. Consequently, the science did not hold up under scrutiny.

But even setting aside the examiner’s problems, the logistics made no sense. If my client had forged this document from inside prison, how did it end up in the official court file with his print on it? Either he had outside help—or the document was not a forgery at all.

Two Possibilities

I deliberately avoided arguing that the document was or was not authentic. I did not need to make that argument. Instead, I showed the jury that the State’s theory—that my client had forged these documents from inside a prison cell—simply did not add up.

Consider what I demonstrated: the documents came through official channels, clerks logged them at every checkpoint, the signature matched the judge’s handwriting, and they ended up in the official court file.

Given these facts, only two possibilities existed: either this involved an inside job with people who had access to the court system, or the judge had actually signed the order.

Either way, the State had not proven beyond a reasonable doubt that my client—locked in a cell hundreds of miles away—had forged anything.

The Hanging Chad Defense

The trial took place in Pensacola, in the conservative Florida Panhandle. Significantly, it occurred not long after the 2000 presidential election—the election that came down to Florida, to Broward County, and to hanging chads.

The whole country had just watched Broward County officials bungle one of the most important elections in American history. People remembered the butterfly ballots, the dimpled chads, and the recounts that never seemed to end. For months, South Florida bureaucrats had served as a national punchline.

Now the State asked a conservative Pensacola jury to trust that those same South Florida officials had correctly identified a forgery. Keep in mind, the documents had traveled through official channels, bore an authentic-looking signature, passed verification at every checkpoint, and sat in the official court file.

The Witness Who Underestimated Me

I was a young attorney at the time. The State called two prosecutors from Fort Lauderdale to testify—the prosecutor who had made headlines for catching the scheme, and a chief assistant state attorney.

During my cross-examination of the chief assistant, he tried to belittle me. In front of the jury, he attempted to “mentor” me on how I was asking questions. He seemed to think he could push around the young defense attorney and score points with the jury in the process.

He was wrong.

I had done the work. The depositions were completed. I had reconstructed the entire paper trail. I knew every detail of how those documents had traveled through the system. His condescension did not change the facts—and the facts did not support the State’s theory.

The Verdict

The jury returned with their verdict: Not guilty.

No one ever publicized the verdict. I felt satisfied with the result, and reaching out to the media would not have benefited my client. The headlines had called him a forger who nearly escaped. The quiet verdict told a different story.

The jury found reasonable doubt because I showed them that the State’s theory required believing something that made no sense. They did not need to decide whether the judge had signed the order or whether someone else had helped. They simply needed to see that the State had not proven my client did it.

The Lesson I Carry to This Day

This case taught me to never accept the narrative that police and prosecutors present at face value.

Consider what the State had: a complete theory, newspaper coverage that had already convicted my client, an elected judge as a witness, and an experienced prosecutor who had made himself the hero of the story. Everything seemed wrapped up neatly.

However, when I did the work—when I deposed everyone, followed every document, and reconstructed every step of the chain—the “airtight” case fell apart completely.

To this day, every time I feel tempted to cut corners, every time I feel tempted to believe the story the State tells without digging deeper, I think about this case. I remember what thorough investigation revealed. And then I do the work.

What This Means for You

If you face criminal charges, the State will present a theory. They will have evidence. They may have witnesses who seem credible and experts who seem authoritative. The newspapers may have already decided you are guilty.

Nevertheless, theories can be challenged. Evidence can be scrutinized. Witnesses can be cross-examined effectively. And when an attorney commits to doing the hard work of investigation and preparation, cases that seem impossible to win can indeed be won.

That lesson has guided my practice for over 25 years. I learned it as a young attorney in a Pensacola courtroom, facing a witness who thought he could push me around.

He was wrong. And the jury agreed.

About the Author

Tampa Criminal Defense Attorney Rocky Brancato is the founding attorney of The Brancato Law Firm, P.A., a criminal defense practice in Tampa, Florida. With more than 25 years of experience—including service as Chief Operations Officer of the Hillsborough County Public Defender’s Office—Rocky has built a career on the principle that thorough investigation wins cases. He has tried hundreds of cases and continues to apply the lessons from cases like this one to every client he represents.

For how this fits into the rest of a case, see our step-by-step guide to what happens in a Florida criminal case.

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