The Florida Communications Fraud Act (FCFA), found in Florida Statutes Section 817.034, is a law aimed at combating schemes to defraud others using any form of communication—including phones, emails, text messages and even face-to-face interactions. It is commonly applied in cases involving scams, false advertising and deceptive business practices.
At its core, the FCFA targets individuals who engage in “schemes to defraud.” These are defined as ongoing, systematic efforts to obtain money or property from others through false or fraudulent pretenses. This means the law doesn’t just cover isolated incidents of dishonesty. It applies to repeated conduct aimed at misleading others for financial gain.
How the FCFA can impact Florida fraud cases
One of the defining features of the FCFA is that it does not require a physical exchange of goods or services to occur. Simply attempting to obtain money or property through deceitful communication may be enough to trigger charges. For instance, someone operating a fake business online or sending misleading text messages to solicit donations could face prosecution even if no money changes hands.
Penalties under the FCFA vary based on the value of the property involved. If the value is less than $300, the offense is a misdemeanor. However, if the value exceeds $300, it becomes a third-degree felony, punishable by up to five years in prison. In more serious cases—such as those involving large-scale fraud or multiple victims—charges and penalties can escalate significantly.
Defending against a charge under the FCFA often involves challenging the intent behind the communication. The prosecution must prove that the accused knowingly engaged in a scheme designed to deceive. Misunderstandings, poor business practice or unintentional misstatements may not rise to the level of criminal fraud.
If you’re facing charges under the FCFA, it’s important to get experienced legal guidance as soon as possible. The consequences of a conviction can be serious and long-lasting. Understanding the complexities of this law is the first step toward presenting a strong defense.