Fla. Stat. § 817.034

Fraud & Schemes
to Defraud

Florida’s fraud statute grades the crime by how much was obtained — and a systematic scheme can reach first-degree felony territory. Here is how it’s structured.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

What the Statute Covers

Under § 817.034, an "organized scheme to defraud" is a systematic, ongoing course of conduct intended to defraud people of property. Unlike a single false statement, it targets patterns of deception — and it is graded by the total value obtained.

The Governing Statute
Fla. Stat. § 817.034 — Florida Communications Fraud Act
"Any person who engages in a scheme to defraud and obtains property thereby is guilty of organized fraud, punishable [by degree according to the value of the property obtained]."
Read the full statute on Online Sunshine →
Organized Fraud — Value Tiers
Under $20,000: Third-degree felony (up to 5 years).

$20,000 to under $50,000: Second-degree felony (up to 15 years).

$50,000 or more: First-degree felony (up to 30 years).

What a Defense Attorney Looks For

  • Intent to defraud, the core element — a legitimate business dispute is not fraud.
  • Whether a "scheme" (systematic course of conduct) truly existed, versus isolated acts.
  • Valuation of what was obtained, which sets the degree.
  • The paper trail and whether the evidence supports knowing deception.

Frequently Asked Questions

How is fraud charged in Florida?
An organized scheme to defraud under § 817.034 is graded by the value obtained: under $20,000 is a third-degree felony, $20,000–$50,000 is second-degree, and $50,000 or more is a first-degree felony punishable by up to 30 years.
Is a business dispute the same as fraud in Florida?
No. Fraud requires intent to defraud — knowing deception to obtain property. A genuine business disagreement or failed deal, without that intent, is not fraud, and disproving fraudulent intent is often central to the defense.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 817.034 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.