When a new criminal statute takes effect, prosecutors start filing charges that did not exist the day before, and the first cases show how hard the State intends to use it. 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 spent more than 25 years in Hillsborough County courtrooms watching new laws go from bill to charging document. This guide summarizes each October 1, 2026 law in plain English and links to our full post on each one, where our attorneys explain the legislative history, the statute text, and how we defend the charge.

Which Florida Criminal Laws Changed on October 1, 2026?

Eight bills passed in the 2026 legislative session changed Florida criminal law on October 1, 2026. The table below lists each one, the statute it created or changed, and the penalty, with a link to our full guide on each law.

Is Violating a No-Contact Order Now a Crime in Florida?

Yes. Under the Victim Safety in Pretrial Release Act (HB 397), section 903.0472, Florida Statutes, willfully violating a no-contact order set as a bond condition after an arrest for a listed violent crime, such as battery, robbery, stalking, kidnapping, or sexual battery, is a separate crime. Before October 1, 2026, a violation in a non-domestic case usually meant only a bond revocation. Now a first violation is a first-degree misdemeanor, a second is a third-degree felony, and anyone arrested for a violation is held in jail until first appearance.

Jail phone calls are where most of these cases start. In Hillsborough County, prosecutors pull recorded jail calls and charge one count for every call to the protected person, and the Fourth District upheld that approach in Caldwell v. State, No. 4D21-117 (Fla. 4th DCA May 18, 2022), where a defendant who called his victim from jail was convicted on 41 counts. Our full guide, is violating a no-contact order a crime in Florida, explains which charges trigger the law and how The Brancato Law Firm defends these cases.

Is Indecent Exposure in Front of a Child a Felony Now?

Yes. HB 1525 created section 800.035, Florida Statutes, which makes it a third-degree felony for an adult to expose himself or herself while observing a child, even if the child never sees or senses the act. The older lewd or lascivious exhibition statute required proof that the child saw or sensed it. The same bill repealed section 800.02, the old unnatural and lascivious act misdemeanor.

The new crime carries a lower maximum than lewd exhibition, up to 5 years instead of 15, and does not require sex offender registration, but the State no longer has to prove the child was aware of the act. Our post on indecent exposure while observing a child compares the two statutes side by side and explains what our attorneys look for in these cases.

Is It a Felony to Sell Nitrous Oxide in Florida?

Yes, for licensed tobacco and nicotine retailers. Meg’s Law (SB 432), section 569.216, Florida Statutes, makes it a third-degree felony for a licensed tobacco or nicotine dealer, or the dealer’s employee or agent, to possess, sell, deliver, or give away nitrous oxide on or from the licensed premises. That covers smoke shops, vape shops, and convenience stores, but not licensed grocery stores or supermarkets, and it does not ban whipped cream or other foods that use nitrous oxide as a propellant.

The same bill created a new crime of trafficking in xylazine under section 893.135, with mandatory minimum prison terms of 3, 7, or 25 years depending on weight, counting any mixture. Xylazine caused 171 deaths in Florida in just the first six months of 2024, according to the Florida Medical Examiners Commission’s 2024 Interim Drug Report published by FDLE. Store owners and clerks should read our guide on selling nitrous oxide in Florida, and anyone contacted by investigators should ask about our representation before charges are filed.

Can Social Media Make Someone a Gang Member in Florida?

Yes, it can now count. HB 429 expanded the definition of a criminal gang member in section 874.03(3), Florida Statutes to include admitting membership online, using gang-related language on social media in furtherance of gang activity, and being identified or claimed by a gang. It also lowered the number of times a person must be seen with known members from four to two. A person meets the definition by satisfying any two of 13 criteria.

Gang membership is not a crime by itself, but a gang finding can raise penalties and lengthen sentences. Our guide to when someone counts as a gang member in Florida walks through each criterion and how The Brancato Law Firm challenges the evidence behind a gang label.

What Changed for Career Offender Registration?

Career offenders now have to register in person, more often, and on shorter deadlines. SB 1332 amended section 775.261, Florida Statutes, the Career Offender Registration Act, which applies for life to anyone designated a habitual violent felony offender, violent career criminal, three-time violent felony offender, or prison releasee reoffender. Since October 1, 2026, a career offender must register in person at the sheriff’s office within 48 hours, report a new residence after just 3 days, reregister in person every birth month, and carry a driver license or ID marked “775.261, F.S.”

Most failures to register or report are third-degree felonies, and each failure is a separate offense. Our guide to career offender registration in Florida lists every deadline in a before-and-after table and explains how our attorneys defend failure-to-register charges.

Is Animal Cruelty Around a Child a Felony?

Yes. HB 559 made it a separate third-degree felony under section 828.12(4), Florida Statutes for an adult to commit aggravated animal cruelty in the presence of a child under 18, or to cause or entice a child to commit it. The same rule now applies to animal fighting or baiting and to sexual activity involving animals. Starting January 1, 2027, anyone who pleads to or is convicted of animal cruelty, even with adjudication withheld, will appear on a public FDLE website for 3, 5, or 10 years.

Lawmakers tied the bill to research on animal abuse and family violence. In a 1998 study, psychologist Frank Ascione surveyed women at a shelter for battered partners and found that 71% of those who had pets reported that their partner had threatened, hurt, or killed a pet. Our post on animal cruelty around a child covers the new offenses, the database, and how The Brancato Law Firm approaches these charges.

Is Lying on a Rental Application a Crime in Florida?

It can be. HB 1293 created section 817.537, Florida Statutes, which makes it a third-degree felony to take possession of a rental home by knowingly making a materially false written statement about your identity, presenting forged documents such as a fake ID or paystub, or impersonating the person named on the application. The crime carries up to 5 years in prison and a $5,000 fine.

Florida’s identity theft numbers drove the bill. Floridians filed 115,840 identity theft reports in 2024, or 528 per 100,000 residents, the highest rate of any state, according to the Federal Trade Commission’s Consumer Sentinel Network Data Book 2024. Our guide to lying on a rental application in Florida explains the intent element and how our attorneys defend these cases.

Do You Still Have to Report a Car Accident in Florida?

Yes, for injury crashes and crashes with at least $2,000 in apparent damage. SB 488 raised the threshold in section 316.065, Florida Statutes from $500, a figure unchanged since 1989, to $2,000. Failing to call the police is a noncriminal traffic infraction, but the higher threshold does not change the duty to stop, exchange information, and render aid, and leaving the scene is still a crime.

Leaving the scene is a real problem in Florida. The state recorded 395,175 crashes in 2023, and 105,092 of them were hit-and-run crashes, which caused 276 deaths, according to the Florida Department of Highway Safety and Motor Vehicles’ Traffic Crash Facts 2023. SB 488 also lets the state send license suspension notices by email if the driver authorized it. Our guide on whether you have to report a car accident in Florida covers every crash scenario and how The Brancato Law Firm defends leaving-the-scene charges.

How Did the Legislature Vote on the New Criminal Laws?

Five of the eight bills passed with one or no dissenting votes in either chamber. The gang bill, HB 429, drew the most opposition, passing the Senate 29 to 9 largely along party lines. Vote tallies come from the official bill histories.

Do the New Laws Apply to Conduct Before October 1, 2026?

No. A new crime or a harsher penalty applies only to conduct on or after October 1, 2026, because the Ex Post Facto Clause of the U.S. Constitution bars punishing an act under a law passed after it happened. A case based on conduct from September 2026 or earlier is charged under the law as it stood then, even if the arrest happens later.

That timing can help the defense. For example, the repeal of section 800.02 does not erase it for older conduct, and for cases involving conduct before October 1, 2026, our attorneys request the section 800.02 lesser-included offense instruction, a misdemeanor that is not a sex offense, where the evidence supports it. The date of the alleged conduct is one of the first things The Brancato Law Firm checks in any case charged under one of these statutes.

What Should You Do If You Are Charged Under One of the New Laws?

Call a criminal defense attorney before first appearance, and do not talk about the case with police, the alleged victim, or anyone on a jail phone. In Hillsborough County, first appearance judges routinely give no-contact orders in writing, yet our firm still sees paperwork with no signature or a refusal noted, and that detail can matter when the State later claims a violation was willful. Jail calls are recorded, and prosecutors here use those recordings.

If you have not been arrested but think you are under investigation, for example as a store owner after a nitrous oxide inquiry or as a tenant accused of a false application, pre-file advocacy can sometimes keep a case from being filed. For more about how our attorneys handle cases in the 13th Judicial Circuit, visit our Hillsborough County criminal defense attorney page.

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

Frequently Asked Questions

Which of the October 2026 Florida laws created new felonies?

Six did: a second no-contact order violation, indecent exposure while observing a child, selling nitrous oxide from a licensed tobacco or nicotine retailer, aggravated animal cruelty in front of a child, and rental application fraud are all third-degree felonies, and xylazine trafficking is a new felony with mandatory prison. The Brancato Law Firm reviews the charging document in each new-law case to confirm the State charged the right statute and the right degree.

Can one social media post make me a gang member in Florida?

It can count toward the definition, which requires any two of 13 criteria in section 874.03(3), and the statute says a single act can satisfy more than one criterion. Our attorneys at The Brancato Law Firm challenge who wrote a post, what it actually meant, and whether it was made in furtherance of gang activity.

Is the $500 crash reporting rule still the law in Florida?

No. Since October 1, 2026, the threshold for calling police after a crash without injuries is $2,000 in apparent property damage, though you must still stop and exchange information after any crash. When a client faces a leaving-the-scene charge, The Brancato Law Firm looks first at whether the other vehicle was occupied or the property attended, which decides whether the duty applied.

If a victim contacts me first, can I still be arrested for violating a no-contact order?

Yes. The order binds the defendant, not the protected person, so returning a call or text can be charged even if the other person reached out first. The Brancato Law Firm can ask the court to modify or lift a no-contact order, which is the safe way to restore contact; our full guide on no-contact order violations explains how.

Does a withheld adjudication keep me off Florida’s new animal cruelty database?

No. Under HB 559, a plea or a finding of guilt for animal cruelty, even with adjudication withheld, puts a name on the public FDLE website starting January 1, 2027. That is why The Brancato Law Firm weighs the database in every animal cruelty plea offer, not just the sentence.

Where can I read the full text of these new laws?

Each statute is posted on the Florida Legislature’s Online Sunshine website, and each of our eight guides links the exact section, such as section 817.537 for rental fraud. If you have been charged, The Brancato Law Firm can tell you how the statute applies to your facts.

Charges under a brand-new statute are often the first of their kind in the courthouse, and early motions can shape how the State uses the law. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends clients charged under every one of these October 2026 laws. Call (813) 727-7159 before first appearance if 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 criminal defense in Spanish and Haitian Creole in Tampa.

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 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.

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.