Criminal Use of Personal Identification Information
Fraudulently using, or possessing with intent to fraudulently use, another person's personal identification information without consent.
Florida Statute
§ 817.568
Criminal use of personal identification information
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Identity-fraud charges turn on unauthorized fraudulent use or intended use of another person's identifying information; amount, victim count, and protected-victim facts can raise the degree.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Baseline Identity Fraud
F.S. § 817.568(2)(a)
Unauthorized fraudulent use, or possession with intent to fraudulently use, another person's personal identification information without consent.
$5,000 or More / 10–19 Persons
F.S. § 817.568(2)(b)
Identity fraud involving $5,000 or more or 10 to 19 persons' information; includes a 3-year mandatory minimum.
$50,000 or More / 20–29 Persons
F.S. § 817.568(2)(c)
Identity fraud involving $50,000 or more or 20 to 29 persons' information; includes a 5-year mandatory minimum.
$100,000 or More / 30 or More Persons
F.S. § 817.568(2)(c)
The statute requires a 10-year mandatory minimum when the amount reaches $100,000 or more or information of 30 or more persons is fraudulently used.
Protected or Specified Victim
F.S. § 817.568(6), (7), (11)
The statute separately makes fraudulent use involving listed protected victims, including a minor or person age 60 or older, a second-degree felony; review the applicable subsection.
Harassment Using Personal Identification Information
F.S. § 817.568(4)
Unauthorized use or possession of another person's personal identification information with intent to harass that person.
Public-Record Reclassification
F.S. § 817.568(5)
An offense under § 817.568 that is facilitated or furthered by use of a public record is reclassified one degree higher, subject to the statute's limits.
Deceased Individual or Dissolved Entity — Baseline
F.S. § 817.568(8)(a)
Unauthorized fraudulent use, or possession with intent to fraudulently use, personal identification information concerning a deceased individual or dissolved business entity.
Deceased or Dissolved — $5,000 or More / 10–19 Identities
F.S. § 817.568(8)(b)
The subsection (8) offense involving $5,000 or more in pecuniary benefit or 10 to 19 identities; includes a 3-year mandatory minimum.
Deceased or Dissolved — $50,000 or More / 20–29 Identities
F.S. § 817.568(8)(c)
The subsection (8) offense involving $50,000 or more in pecuniary benefit or 20 to 29 identities; includes a 5-year mandatory minimum.
Deceased or Dissolved — $100,000 or More / 30 or More Identities
F.S. § 817.568(8)(c)
The subsection (8) offense involving $100,000 or more in pecuniary benefit or 30 or more identities; includes a 10-year mandatory minimum.
Counterfeit or Fictitious Personal Identification Information
F.S. § 817.568(9)
Willfully and fraudulently creating, using, or possessing with intent to use counterfeit or fictitious personal identification information to commit or facilitate a fraud.
Impersonation or Credit-Assistance Pretext Reclassification
F.S. § 817.568(10)
Using specified law-enforcement, financial-industry, or credit-assistance impersonation or pretext to obtain or use personal identification information reclassifies the underlying felony one degree higher, subject to the statute's limits.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
The defendant willfully and without authorization fraudulently used, or possessed with intent to fraudulently use, personal identification information concerning another person.
Plain language: The defendant used or intended to use someone else's identifying information fraudulently without authorization.
- Element 2AND — Required
The State must prove all of the following
The defendant did so without first obtaining the other person's consent.
Plain language: The person whose information was used did not consent.
Jury Instructions
Jury Instructions
Instruction 20.13
Fraudulent Use or Possession With Intent to Fraudulently Use Personal Identification Information
Covers the baseline offense and degree findings under F.S. § 817.568(2).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 20.14
Harassment by Use of Personal Identification Information
Covers F.S. § 817.568(4), including applicable reclassification findings.
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 20.15
Fraudulent Use of Personal Identification Information of a Minor or Person 60 Years of Age or Older
Covers F.S. § 817.568(6); use applicable portions for a person age 60 or older charged under subsection (11).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 20.16
Fraudulent Use of Personal Identification Information of a Minor or Person 60 Years of Age or Older by a Parent, Guardian, or Custodian
Covers F.S. § 817.568(7).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 20.17
Fraudulent Use or Possession With Intent to Fraudulently Use Personal Identification Information Concerning a Deceased Individual or Dissolved Business Entity
Covers F.S. § 817.568(8) and its degree findings.
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 20.18
Fraudulent Creation, Use, or Possession With Intent to Fraudulently Use Counterfeit Personal Identification Information
Covers F.S. § 817.568(9).
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Personal identification information
Information that can identify a specific person, including listed identifying, financial, biometric, electronic, medical, and access-device information.
Additional Notes
Additional Notes
Classification
Value, number of persons affected, protected-victim status, use of a public record, and specified impersonation facts can change the degree or add mandatory minimum terms. Use the matrix before selecting the charge.