Organized Fraud
Engaging in a scheme to defraud and obtaining property through that scheme.
Florida Statute
§ 817.034
Florida Communications Fraud Act
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Organized fraud requires a systematic ongoing fraudulent scheme and property obtained through it; aggregate value controls the degree.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Organized Fraud — Under $20,000
F.S. § 817.034(4)(a)3.
A scheme to defraud that obtains property with an aggregate value below $20,000.
Organized Fraud — $20,000 to Under $50,000
F.S. § 817.034(4)(a)2.
A scheme to defraud that obtains property with an aggregate value of $20,000 or more but less than $50,000.
Organized Fraud — $50,000 or More
F.S. § 817.034(4)(a)1.
A scheme to defraud that obtains property with an aggregate value of $50,000 or more.
Communications Fraud — Under $300
F.S. § 817.034(4)(b)2.
A communication in furtherance of a scheme to defraud where the property obtained or endeavored to be obtained is worth under $300.
Communications Fraud — $300 or More
F.S. § 817.034(4)(b)1.
A communication in furtherance of a scheme to defraud where the property obtained or endeavored to be obtained is worth $300 or more.
Protected Victim Reclassification
F.S. § 817.034(4)(c)
An offense under § 817.034(4)(a) or (b) committed against a person 65 or older, a minor, or a qualifying person with a mental or physical disability is reclassified one degree higher under the statute.
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 engaged in a scheme to defraud.
Plain language: The defendant participated in a systematic ongoing fraudulent course of conduct.
- Element 2AND — Required
The State must prove all of the following
The defendant obtained property through that scheme.
Plain language: The scheme resulted in property being obtained.
Jury Instructions
Jury Instructions
Instruction 20.19
Organized Fraud
Covers F.S. § 817.034(4)(a), the applicable value finding, and protected-victim reclassification.
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 20.19(a)
Communications Fraud
Covers the separate communications-fraud track under F.S. § 817.034(4)(b).
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Scheme to defraud
A systematic, ongoing course of conduct intended to defraud one or more persons or obtain property through false or fraudulent pretenses, representations, endorsements, promises, or willful misrepresentations of a future act.
Additional Notes
Additional Notes
Quick Reference
Use the aggregate value of all property obtained in the scheme to select the organized-fraud degree. Communications fraud is a separate track in § 817.034(4)(b).