20.21 FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A [DISABLED ADULT] [PUBLIC SERVANT] [VETERAN] [FIRST RESPONDER] [STATE EMPLOYEE] [FEDERAL EMPLOYEE]
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 20.21
- Statute
- § 817.568(11), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Fraudulent Use of Personal Identification Information of a [Disabled Adult] [Public Servant] [Veteran] [First Responder] [State Employee] [Federal Employee], the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) willfully and without authorization fraudulently used personal identification information concerning (victim).
2. At the time, (victim) was [a disabled adult] [a public servant] [a veteran] [a first responder] [a state employee] [a federal employee].
3. (Defendant) did so without first obtaining consent of (victim).
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Reclassification. § 817.568(5), Fla. Stat. and § 119.011, Fla. Stat.
If you find (defendant) guilty of Fraudulent Use of Personal Identification Information of a [Disabled Adult] [Public Servant] [Veteran] [First Responder] [State Employee] [Federal Employee], you must then determine whether the State has further proved beyond a reasonable doubt that the crime was facilitated or furthered by the use of a public record. “Public record” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.
Reclassification. § 817.568(10), Fla. Stat. Give a. and/or b. as applicable.
If you find (defendant) guilty of Fraudulent Use of Personal Identification Information of a [Disabled Adult] [Public Servant] [Veteran] [First Responder] [State Employee] [Federal Employee], you must then determine whether the State has further proved beyond a reasonable doubt that [he] [she], for the purpose of obtaining or using personal identification information,
a. misrepresented [himself] [herself] to be [a law enforcement officer] [an employee or representative of a bank, credit card company, credit counseling company or credit reporting agency].
b. wrongfully represented that [he] [she] was seeking to assist (victim) with (victim’s) credit history.
Lesser-included offenses
As the instruction lists them, word for word.
FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A [DISABLED ADULT] [PUBLIC SERVANT] [VETERAN] [FIRST RESPONDER] [STATE EMPLOYEE] [FEDERAL EMPLOYEE] — 817.568(11)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| *Fraudulent Use of Personal Identification Information | 817.568(2)(a) | 20.13 | |
| *Unlawful Possession of Personal Identification Information of Another | 817.5685 | 20.18(a) | |
| Unauthorized possession of and other unlawful acts in relation to driver’s license or identification card | 322.212 | ||
| Attempt | 777.04(1) | 5.1 |
Related practice page
Identity Theft Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.