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Florida Statute 817.034 | Lawyer Caselaw & Research
F.S. 817.034 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 817
FRAUDULENT PRACTICES
View Entire Chapter
F.S. 817.034
817.034 Florida Communications Fraud Act.
(1) LEGISLATIVE INTENT.
(a) The Legislature recognizes that schemes to defraud have proliferated in the United States in recent years and that many operators of schemes to defraud use communications technology to solicit victims and thereby conceal their identities and overcome a victim’s normal resistance to sales pressure by delivering a personalized sales message.
(b) It is the intent of the Legislature to prevent the use of communications technology in furtherance of schemes to defraud by consolidating former statutes concerning schemes to defraud and organized fraud to permit prosecution of these crimes utilizing the legal precedent available under federal mail and wire fraud statutes.
(2) SHORT TITLE.This section may be cited as the “Florida Communications Fraud Act.”
(3) DEFINITIONS.As used in this section, the term:
(a) “Communicate” means to transmit or transfer or to cause another to transmit or transfer signs, signals, writing, images, sounds, data, or intelligences of any nature in whole or in part by mail, or by wire, radio, electromagnetic, photoelectronic, or photooptical system.
(b) “Obtain” means temporarily or permanently to deprive any person of the right to property or a benefit therefrom, or to appropriate the property to one’s own use or to the use of any other person not entitled thereto.
(c) “Property” means anything of value, and includes:
1. Real property, including things growing on, affixed to, or found in land;
2. Tangible or intangible personal property, including rights, privileges, interests, and claims; and
3. Services.
(d) “Scheme to defraud” means a systematic, ongoing course of conduct with intent to defraud one or more persons, or with intent to obtain property from one or more persons by false or fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.
(e) “Value” means value determined according to any of the following:
1.a. The market value of the property at the time and place of the offense, or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.
b. The value of a written instrument that does not have a readily ascertainable market value, in the case of an instrument such as a check, draft, or promissory note, is the amount due or collectible or is, in the case of any other instrument which creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation, the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
c. The value of a trade secret that does not have a readily ascertainable market value is any reasonable value representing the damage to the owner, suffered by reason of losing an advantage over those who do not know of or use the trade secret.
2. If the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $300.
3. Amounts of value of separate properties obtained in one scheme to defraud, whether from the same person or from several persons, shall be aggregated in determining the grade of the offense under paragraph (4)(a).
(4) OFFENSES.
(a) Any person who engages in a scheme to defraud and obtains property thereby is guilty of organized fraud, punishable as follows:
1. If the amount of property obtained has an aggregate value of $50,000 or more, the violator is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. If the amount of property obtained has an aggregate value of $20,000 or more, but less than $50,000, the violator is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3. If the amount of property obtained has an aggregate value of less than $20,000, the violator is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Any person who engages in a scheme to defraud and, in furtherance of that scheme, communicates with any person with intent to obtain property from that person is guilty, for each such act of communication, of communications fraud, punishable as follows:
1. If the value of property obtained or endeavored to be obtained by the communication is valued at $300 or more, the violator is guilty of a third degree felony, punishable as set forth in s. 775.082, s. 775.083, or s. 775.084.
2. If the value of the property obtained or endeavored to be obtained by the communication is valued at less than $300, the violator is guilty of a misdemeanor of the first degree, punishable as set forth in s. 775.082 or s. 775.083.
(c) Notwithstanding any contrary provisions of law, separate judgments and sentences for organized fraud under paragraph (a) and for each offense of communications fraud under paragraph (b) may be imposed when all such offenses involve the same scheme to defraud.
(d) Notwithstanding any other provision of law, a criminal action or civil action or proceeding under this section may be commenced at any time within 5 years after the cause of action accrues; however, in a criminal proceeding under this section, the period of limitation does not run during any time when the defendant is continuously absent from the state or is without a reasonably ascertainable place of abode or work within the state, but in no case shall this extend the period of limitation otherwise applicable by more than 1 year.
History.s. 1, ch. 87-382; s. 1, ch. 2013-208.

F.S. 817.034 on Google Scholar

F.S. 817.034 on Casetext

Amendments to 817.034


Arrestable Offenses / Crimes under Fla. Stat. 817.034
Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.034 4a1 - FRAUD-SWINDLE - OBTAIN PROPERTY 50K DOLS OR MORE - F: F
S817.034 4a2 - FRAUD-SWINDLE - OBTAIN PROPERTY 20K LESS THAN 50K DOLS - F: S
S817.034 4a3 - FRAUD-SWINDLE - OBTAIN PROPERTY UNDER 20K DOLS - F: T
S817.034 4b1 - FRAUD-SWINDLE - OBTAIN PROPERTY COMMUNICATION 300 DOLS OR MORE - F: T
S817.034 4b2 - FRAUD-SWINDLE - OBTAIN PROPERTY COMMUNICATE UNDER 300 DOLS - M: F
S817.034 4b12 - FRAUD-SWINDLE - RENUMBERED. SEE REC #7069 - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

CARR, v. STATE, 270 So. 3d 508 (Fla. App. Ct. 2019)

. . . State , 945 So.2d 1203, 1207 (Fla. 2006) (enumerating elements necessary to prove violation of § 817.034 . . .

PAEZ, v. MULVEY, E., 915 F.3d 1276 (11th Cir. 2019)

. . . believe each of the Appellees had engaged in a scheme to defraud in violation of Florida Statute § 817.034 . . . to charge Peters with one count of an Organized Scheme to Defraud in violation of Florida Statute § 817.034 . . . Stat. § 817.034(4)(a). "Property" is defined as "anything of value." Fla. Stat. § 817.034(3)(c). . . . Stat. § 817.034(3)(d). . . . Stat. § 817.034(3). . . .

J. COOKS, v. STATE, 249 So. 3d 774 (Fla. App. Ct. 2018)

. . . Cooks was charged with engaging in a scheme to defraud in violation of section 817.034(4)(a), Florida . . . the offense of committing a scheme to defraud, also known as "organized fraud," proscribed by section 817.034 . . . As demonstrated by the case law, a conviction for violating section 817.034(4)(a) requires proof of more . . .

GOMEZ, v. STATE, 220 So. 3d 495 (Fla. Dist. Ct. App. 2017)

. . . (2)(a); Count 2: organized fraud ($50,000 or more), a first degree felony, in violation of section 817.034 . . . was adjudicated guilty of both grand theft under section 812.014 and organized fraud under section 817.034 . . . Section 817.034(4)(c) does not expressly authorize separate judgments and sentences for organized fraud . . . (4)(a) and "communications fraud" under section 817.034(4)(b). . . . Section 817.034(4)(b) provides: "Any person who engages in a scheme to defraud and, in furtherance of . . .

UNITED STATES v. SAM,, 688 F. App'x 622 (11th Cir. 2017)

. . . found the government proved by a preponderance of the evidence that Ricardo violated Florida Statute § 817.034 . . . Stat. § 817.034(4)(a)(3) a “person who engages in a scheme to defraud and obtains property” under $20,000 . . .

BAKER, v. DEPARTMENT OF CORRECTIONS, SECRETARY,, 634 F. App'x 689 (11th Cir. 2015)

. . . . § 817.034 (Count 1), one count of grand theft of $100,000 or more, in violation of Fla. . . .

KINGLAND ESTATES, LTD. v. DAVIS,, 170 So. 3d 825 (Fla. Dist. Ct. App. 2015)

. . . Florida Statutes; b. making false entries in the books of a corporation (KEL) in violation of sections 817.034 . . . [An] organized scheme to defraud charge ... involves section 817.034(4)(a) 1., Florida Statutes (2003 . . . fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.” § 817.034 . . .

TURNER, v. STATE, 159 So. 3d 279 (Fla. Dist. Ct. App. 2015)

. . . Turner violated section 817.034(4)(a)(3) by obtaining property from the victim valued at less than $20,000 . . .

DE LA OSA, v. STATE, 158 So. 3d 712 (Fla. Dist. Ct. App. 2015)

. . . The organized scheme to defraud charge in Count III involves section 817.034(4)(a)l., Florida Statutes . . . fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.” § 817.034 . . . and wire fraud is equally applicable to the state crime of organized scheme to defraud under section 817.034 . . . The term “scheme to defraud” used in section 817.034 is plucked from federal mail and wire fraud cases . . . To prove conspiracy under section 817.034(4)(a)l., the State may show that the defendant knew the overall . . .

STATE v. REYAN,, 145 So. 3d 133 (Fla. Dist. Ct. App. 2014)

. . . 840 individual predicate acts comprised of: an organized scheme to defraud (in violation of section 817.034 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . was adopted in 1981 and amended in September 2005 [911 So.2d 766] and 2013. 4482019 ORGANIZED FRAUD 817.034 . . . Lesser Included Offenses ORGANIZED FRAUD — 817.034(4)(a)l, 2, 3 CATEGORY ONE CATEGORY TWO FLA, STAT. . . .

CERTAIN INTERESTED UNDERWRITERS AT LLOYD S, LONDON, v. AXA EQUITABLE LIFE INSURANCE COMPANY,, 981 F. Supp. 2d 1302 (S.D. Fla. 2013)

. . . . § 817.034(4)(a). . . .

L. McCRAY, v. STATE, 121 So. 3d 603 (Fla. Dist. Ct. App. 2013)

. . . Office (“the Sheriff’), appeals his convictions for organized scheme to defraud in violation of section 817.034 . . . determined that the alleged pattern of conduct did not constitute a criminal violation under section 817.034 . . . Section 817.034(4)(a)(3) provides: Any person who engages in a scheme to defraud and obtains property . . . Section 817.034(3)(c) defines property as "anydiing of value, and includes: 1. . . .

DENT, v. STATE, 125 So. 3d 205 (Fla. Dist. Ct. App. 2013)

. . . Dent, appeals her conviction for engaging in an organized scheme to defraud, in violation of section 817.034 . . . Section 817.034 is titled the “Florida Communications Fraud Act.” . . . the wire and mail fraud statutes, whose interpretations are to govern the interpretation of section 817.034 . . . Therefore, no violation of section 817.034 occurred. . . .

SPROTT, v. STATE, 99 So. 3d 634 (Fla. Dist. Ct. App. 2012)

. . . See §§ 881.09; 881.08; 817.034(4) & 777.04; 322.212(1), Fla. Stat. (2011). . . .

STATE v. W. JOSEPH, III,, 94 So. 3d 672 (Fla. Dist. Ct. App. 2012)

. . . organized scheme to defraud the United States Government of $50,000 or more, in violation of section 817.034 . . .

V. JOHNSON, v. STATE, 126 So. 3d 1129 (Fla. Dist. Ct. App. 2012)

. . . See § 817.034(4)(b)l, Fla. Stat. (2005). . . . .

BROOKS, v. STATE, 114 So. 3d 965 (Fla. Dist. Ct. App. 2012)

. . . the State charged Brooks with one count of organized fraud of $50,000 or more in violation of section 817.034 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 87 So. 3d 679 (Fla. 2012)

. . . 5.1 Comment This instruction was adopted in 1981 and amended in 1985 and 2011. 14,8 ORGANIZED FRAUD 817.034 . . . Lesser Included Offenses ORGANIZED FRAUD 817.034(4)(a)l, 2, 3 Fla. Stat. . . .

PETRAMALE, v. STATE, 79 So. 3d 162 (Fla. Dist. Ct. App. 2012)

. . . . § 817.034(4)(a)(l), Fla. Stat. (2003). . . . .

SMITH, v. STATE, 76 So. 3d 1056 (Fla. Dist. Ct. App. 2011)

. . . co-defendant were charged by amended information with committing organized fraud, in violation of section 817.034 . . .

DeLUISE, v. STATE, 72 So. 3d 248 (Fla. Dist. Ct. App. 2011)

. . . See § 817.034, Fla. Stat. . . . (grand theft), with § 817.034(4)(b), Fla. Stat. (communications fraud). . . . or in part by mail, or by wire, radio, electromagnetic, photoelectronic, or photo optical system.” § 817.034 . . .

R. GRAY, v. NOVELL, INC. SCO X, 412 F. App'x 199 (11th Cir. 2011)

. . . . § 817.034; and common law theories of fraud and conspiracy to defraud. . . . Stat. § 817.034(4)(a) (requiring a scheme to defraud). . . .

O KEEFE, v. STATE, 47 So. 3d 937 (Fla. Dist. Ct. App. 2010)

. . . co-defendant were charged by amended information with committing organized fraud, in violation of section 817.034 . . .

SCHNEIR, v. STATE, 43 So. 3d 135 (Fla. Dist. Ct. App. 2010)

. . . The appellant appeals from a twelve year sentence for organized fraud under Section 817.034(4)(a)(l), . . .

BEAMON, v. STATE, 23 So. 3d 209 (Fla. Dist. Ct. App. 2009)

. . . her month long use of the stolen debit card constitutes an “organized fraud” within the meaning of § 817.034 . . . The evidence thus constitutes a prima facie case of violating § 817.034(3). . . . defraud” is defined as an "ongoing course of conduct with intent to defraud one or more persons _" § 817.034 . . .

UNITED STATES v. S. NORMAN,, 353 F. App'x 215 (11th Cir. 2009)

. . . . § 817.034(4)(a)(l). . . .

MADURA, v. COUNTRYWIDE HOME LOANS, INC. v., 344 F. App'x 509 (11th Cir. 2009)

. . . . § 817.034, and Mrs. . . .

STATE v. COHN,, 994 So. 2d 381 (Fla. Dist. Ct. App. 2008)

. . . See § 817.034(3)(d), Fla. Stat.; § 817.034(4)(a)(l), Fla. Stat. . . .

STATE v. VARNUM,, 991 So. 2d 918 (Fla. Dist. Ct. App. 2008)

. . . Varnum with one umbrella count of organized fraud under the Florida Communications Fraud Act, section 817.034 . . .

WEAVER, v. STATE, 981 So. 2d 508 (Fla. Dist. Ct. App. 2008)

. . . his conviction after a jury trial of a scheme to defraud less than $20,000 in violation of section 817.034 . . . Section 817.034(4)(a)3 provides that “[a]ny person who engages in a scheme to defraud and obtains property . . . Section 817.034(3)(c)2 defines “property” as “anything of value,” including “rights, privileges, interests . . . Under section 817.034(3)(d), “scheme to defraud” means “a systematic, ongoing course of conduct with . . . performing them, so that he “willful[ly] misrepresented a future act” within the meaning of section 817.034 . . .

A. WARD, v. K. NIERLICH,, 617 F. Supp. 2d 1226 (S.D. Fla. 2008)

. . . . § 817.034 “Florida Communications Fraud Act” [Count IX] , Common Law Fraud [Count X], Negligent Misrepresentation . . .

LABRADOR, v. STATE, 13 So. 3d 1070 (Fla. Dist. Ct. App. 2007)

. . . with MICHELE HUARTE, did unlawfully and feloniously engage in a scheme to defraud as defined by s. 817.034 . . . and/or THEIR OWNERS and/or PRINCIPALS and/or SHAREHOLDERS, as owner or custodian, in violation of s. 817.034 . . . with MICHELE HUARTE, did unlawfully and feloniously engage in a scheme to defraud as defined by s. 817.034 . . . and/or THEIR OWNERS and/or PRINCIPALS and/or SHAREHOLDERS, as owner or custodian, in violation of s. 817.034 . . .

DESIGN PALLETS, INC. v. GRAYROBINSON, P. A., 515 F. Supp. 2d 1246 (M.D. Fla. 2007)

. . . . § 817.034(4)(a) and (b). . . .

RODRIGUEZ, v. STATE, 956 So. 2d 1226 (Fla. Dist. Ct. App. 2007)

. . . Appellant was charged with a violation of section 817.034(4)(a)l., Florida Statutes (2003), which makes . . . The notion that section 817.034(4)(a) requires a defendant to have made a communication has previously . . . prove that a defendant ‘communicated’ as a part of a scheme to defraud charged pursuant to section 817.034 . . . We hold that communication is not required to sustain a conviction under section 817.034(4)(a), Florida . . .

PETERSON, v. THERMA BUILDERS, INC. d b a, 958 So. 2d 977 (Fla. Dist. Ct. App. 2007)

. . . count of scheming to defraud and obtaining property in an amount of $50,000 or more pursuant to section 817.034 . . . In the criminal action at issue here, Peterson was charged with scheming to defraud under section 817.034 . . . fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.” § 817.034 . . . who actually obtains property as a result of the scheme in an aggregate amount of $50,000 or more. § 817.034 . . .

SIBLEY, v. STATE, 955 So. 2d 1222 (Fla. Dist. Ct. App. 2007)

. . . Donovan, 572 So.2d at 526 (citing § 817.034(4)(a), Fla. Stat.). . . .

ARMAS, v. STATE, 947 So. 2d 675 (Fla. Dist. Ct. App. 2007)

. . . '•Scheme to defraud (one count) — aggregate value of $50,000 or more, section 817.034(4)(a)(l), a first-degree . . . an aggregate value of $50,000 or more, the violator is guilty of a felony of the first degree.... § 817.034 . . .

PETERSON, v. STATE, 974 So. 2d 1082 (Fla. Dist. Ct. App. 2007)

. . . scheming to defraud and obtaining property in an amount of $50,000 or more in violation of section 817.034 . . .

PIZZO a k a Jr. v. STATE, 945 So. 2d 1203 (Fla. 2006)

. . . Donovan, 572 So.2d at 526 (summarizing sections 817.034(4)(a), 817.034(3)(b), 817.034(3)(c), and 817.034 . . .

E. DARWISH, v. STATE, 937 So. 2d 789 (Fla. Dist. Ct. App. 2006)

. . . (2), a first-degree felony (count one); scheming to defraud and obtaining property thereby, section 817.034 . . .

SADDLER, v. STATE, 921 So. 2d 777 (Fla. Dist. Ct. App. 2006)

. . . refunds and obtaining property thereby between February 13 and May 17, 2003, in violation of section 817.034 . . . See §§ 812.014(2)(c) & 817.034(4)(a)3., Fla. Stat. (2003). . . .

STAFFORD, v. DON REID FORD, INC., 920 So. 2d 791 (Fla. Dist. Ct. App. 2006)

. . . . § 817.034(4)(a)l„ Fla. Stat. (2005). . . . .

PIZZO, v. STATE, 910 So. 2d 287 (Fla. Dist. Ct. App. 2005)

. . . Pizzo with organized fraud in violation of section 817.034(4)(a), Florida Statutes (1997), which provides . . . fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.” § 817.034 . . . requirement that the defendant actually communicate as part of the scheme to defraud under section 817.034 . . .

LOUBERTI, v. STATE, 895 So. 2d 479 (Fla. Dist. Ct. App. 2005)

. . . The crime of scheme to defraud is defined in section 817.034(3)(d), Florida Statutes (1999): [A] systematic . . . of “organized fraud” occurs where a person “engages in a scheme to defraud and obtains property.” § 817.034 . . . thousand dollars but less than fifty thousand dollars, organized fraud is a second degree felony. § 817.034 . . .

FLORIDA EVERGREEN FOLIAGE v. E. I. DUPONT DE NEMOURS AND COMPANY, a, 336 F. Supp. 2d 1239 (S.D. Fla. 2004)

. . . (4)(a) and 817.034(4)(b), (2) false affidavit perjury in violation of Florida Statutes § 322.33, perjury . . . criminal activity are organized fraud and communications fraud in violation of Florida Statutes §§ 817.034 . . . (4)(a) and 817.034(4)(b), and mail and wire fraud in violation of 18 U.S.C. § 1343. . . . organized and communications fraud claims, which allege state law violations (see Florida Statute § 817.034 . . . (Corrigenda at Exh. 5 ¶¶ 23, 25, 28, alleging violations of Fla Stats. §§ 817.034(4)(a) and (b), 837.02 . . .

L. LEWIS, Sr. v. STATE, 861 So. 2d 1177 (Fla. Dist. Ct. App. 2003)

. . . See § 817.034(4)(b)(l), Fla. Stat. (1999). .See § 817.034(4)(a)(3), Fla. Stat. (1999). . . .

HOLCOMB, v. STATE, 858 So. 2d 1112 (Fla. Dist. Ct. App. 2003)

. . . Moore, 820 So.2d 901, 902 (Fla.2002) (holding a scheme to defraud in violation of section 817.034(4)( . . . Section 817.034(4)(a)(l), Fla. Stat. (1999). . . . .

LEWIS, v. STATE, 833 So. 2d 812 (Fla. Dist. Ct. App. 2002)

. . . .” § 817.034(4)(b), Fla. Stat. (2001). . . . .” § 817.034(l)(b), Fla. Stat. (2001). . . . See § 817.034(3)(d), Fla. Stat. (1999). . . .

BLACK, v. STATE, 819 So. 2d 208 (Fla. Dist. Ct. App. 2002)

. . . obtaining $50,000 or more by organized fraud in violation of the Florida Communications Fraud Act, section 817.034 . . . Under section 817.034(4)(a)l., Florida Statutes (1993), any “person who engages in a scheme to defraud . . . conspirators engaged damaged Escambia County in an amount exceeding $50,000, in violation of section 817.034 . . . evidence that Escambia County was defrauded in an amount exceeding $50,000, in violation of section 817.034 . . .

A. YOUNG, v. W. MOORE,, 820 So. 2d 901 (Fla. 2002)

. . . Young is serving a prison sentence for a first-degree felony violation of section 817.034(4)(a)l, Florida . . . In January 1997, Young pled guilty to first-degree scheme to defraud in violation of section 817.034( . . . Moreover, because a scheme to defraud ' in violation of section 817.034(4)(a)1 is a true continuing offense . . . 1238 (Fla. 4th DCA 2000), that the crime of scheme to defraud/organized fraud in violation of section 817.034 . . .

STATE v. DIAZ,, 814 So. 2d 466 (Fla. Dist. Ct. App. 2002)

. . . use of communications technology in furtherance of schemes to defraud. 757 So.2d at 1238 (quoting § 817.034 . . .

NETHERLY, v. STATE A. v., 804 So. 2d 433 (Fla. Dist. Ct. App. 2001)

. . . . §§ 775.15(2)(a), 817.034(4), Fla. Stat. (1991). As mentioned earlier, Mr. . . .

SEWALL, v. STATE, 783 So. 2d 1171 (Fla. Dist. Ct. App. 2001)

. . . Section 817.034(4)(a), Florida Statutes (1995), provides that, “Any person who engages in a scheme to . . . Section 817.034(3)(d) defines a “scheme to defraud” as “a systematic, ongoing course of conduct with . . . Stat. § 817.034(4) (1995). . . . .

STATE v. N. CRONIN, J. P. A. R. D. D. E. D. C. d b a, 774 So. 2d 871 (Fla. Dist. Ct. App. 2000)

. . . See § 817.034(4), Fla. Stat. (1997). . . .

BEJERANO, v. STATE, 760 So. 2d 218 (Fla. Dist. Ct. App. 2000)

. . . . § 817.034(4)(a)(3), Fla. Stat. .§ 817.234(l)(a), Fla. Stat. . . . .

ROSEN, v. STATE, 757 So. 2d 1236 (Fla. Dist. Ct. App. 2000)

. . . The State charged appellant with violation of section 817.034(4)(a)l, Florida Statutes (1997),' the Florida . . . of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, § 817.034 . . . and are sufficient to support a conviction for organized scheme to defraud, as provided in section 817.034 . . . dismiss, and we reverse his conviction and sentence for first degree organized fraud under section 817.034 . . .

C. VICARIA, v. STATE, 743 So. 2d 644 (Fla. Dist. Ct. App. 1999)

. . . challenges his adjudication of guilt following his guilty plea to a charge that he violated section 817.034 . . .

BEAL, v. STATE, 713 So. 2d 1131 (Fla. Dist. Ct. App. 1998)

. . . . § 817.034(4), Fla. Stat. (1993). . . .

STATE v. SUMMERLOT,, 711 So. 2d 589 (Fla. Dist. Ct. App. 1998)

. . . The state charged Summerlot by information with: 1) organized fraud in violation of section 817.034(4 . . . The state acknowledged that Summerlot did not “communicate” as defined in section 817.034(3)(a) in his . . . With respect to the organized fraud count, the court found: In light of the title of section 817.034 . . . section 817.034(4)(b). . . . (4)(a) or 817.034(4)(b). . . .

A. KIPPING, v. STATE, 702 So. 2d 578 (Fla. Dist. Ct. App. 1997)

. . . Andrews (hereinafter “Andrews”), was charged with a scheme to defraud pursuant to section 817.034(4)( . . .

MASON, v. STATE, 698 So. 2d 1340 (Fla. Dist. Ct. App. 1997)

. . . racketeering under section 895.03(3), Florida Statutes, and of seven counts of organized fraud under sections 817.034 . . .

P. WILLIAMS J. v. PEAK RESORTS INTERNATIONAL INC., 676 So. 2d 513 (Fla. Dist. Ct. App. 1996)

. . . Cawal, which are as follows: (1) Count I — violation of Florida’s Communications Fraud Act, section 817.034 . . .

METEVIER, Jr. v. STATE, 675 So. 2d 260 (Fla. Dist. Ct. App. 1996)

. . . appeals a third degree felony conviction for violation of the Florida Communications Fraud Act, section 817.034 . . .

J. RUSSELL, v. STATE, 675 So. 2d 961 (Fla. Dist. Ct. App. 1996)

. . . .” § 817.034, Fla.Stat. (1987). . . . Pursuant to section 817.034(4)(a), “[a]ny person who engages in a scheme to defraud and obtains property . . . According to section 817.034(4)(b), Florida Statutes (1987), “[a]ny person who engages in a scheme to . . . Stat. ■ (1987)). § 817.034(4)(b)l, Fla.Stat. (1987). . . . Moreover, according to section 817.034(3)(a), “ ‘[ejommunicate’ means to transmit or transfer or to cause . . .

J. WANNER, v. STATE, 667 So. 2d 427 (Fla. Dist. Ct. App. 1996)

. . . . § 817.034(4)(a)l„ Fla.Stat. (1991). . § 812.014(2)(a)(b)(c), Fla.Stat. (1991). . . . .

TACCARIELLO, v. STATE, 664 So. 2d 1118 (Fla. Dist. Ct. App. 1995)

. . . sections 812.014(1), (2)(b) and (c), Florida Statutes, organized scheme to defraud in violation of section 817.034 . . . fraudulent pretenses, representations, or promises or willful misrepresentations of a false act. § 817.034 . . .

FANCE, a k a O, v. STATE, 645 So. 2d 188 (Fla. Dist. Ct. App. 1994)

. . . the twelve-year sentence imposed upon the defendant for the third-degree felony of organized fraud [§ 817.034 . . .

STATE v. JUSTICE,, 624 So. 2d 402 (Fla. Dist. Ct. App. 1993)

. . . . § 817.034(4)(a)(3), Fla.Stat. (1989). . §§ 812.014(1), 812.014(2)(c)(1), Fla.Stat. . . .

DEMCAK, v. STATE, 616 So. 2d 519 (Fla. Dist. Ct. App. 1993)

. . . . § 817.034(4)(a)3, Florida Statutes (1991). . . . .

WINOKUR v. STATE, 605 So. 2d 100 (Fla. Dist. Ct. App. 1992)

. . . State, 592 So.2d 292 (Fla. 2d DCA 1991), is misplaced, as both Donovan and Cherry concern section 817.034 . . .

K. BISSELL, v. STATE STATE v. F. DONOHUE,, 605 So. 2d 878 (Fla. Dist. Ct. App. 1992)

. . . of engaging in racketeering activity; § 895.03(4), one count of conspiracy to commit racketeering; § 817.034 . . .

ESTANO, v. STATE, 595 So. 2d 973 (Fla. Dist. Ct. App. 1992)

. . . Section 817.034, the “Florida Communications Fraud Act,” defines “scheme to defraud” as “a systematic . . .

CHERRY, v. STATE, 592 So. 2d 292 (Fla. Dist. Ct. App. 1991)

. . . 812.014(2)(c), Fla.Stat. (1987) 5 years’ imprisonment on each count Three Counts of Organized Fraud § 817.034 . . . Section 817.034(4)(a), Florida Statutes (1987), reads: Any person who engages in a scheme to defraud . . . Section 817.034(3)(d) defines “scheme to defraud” as “a systematic, ongoing course of conduct with the . . . Section 817.034(3)(c) de- , fines “property” as “anything of value,” and section 817.034(3)(b) defines . . . And, since organized fraud under section 817.034(4)(a) would require the defendant “obtain[s] property . . .

F. BATTEN, v. STATE, 591 So. 2d 960 (Fla. Dist. Ct. App. 1991)

. . . opinion from a Florida appellate court touching upon the Florida Communications Fraud Act (Act), § 817.034 . . . Section 817.034(l)(b), Florida Statutes, describes the legislature’s intent in enacting the Act and prescribes . . . A “scheme to defraud” as that phrase is used in the foregoing section is defined in section 817.034(3 . . . [from each of them] in the amount of $300 or more, contrary to Chapter 817.034(4)(b)(l).” . . . Section 817.034(3)(c)(2) and (3) contain a like reference. . . .

DIXON, a k a v. STATE, 584 So. 2d 195 (Fla. Dist. Ct. App. 1991)

. . . . § 817.034(4)(a)2, Fla.Stat. (1989). . § 812.019(1), Fla.Stat. (1989). . See Freeman v. . . .

STATE DEPARTMENT OF LEGAL AFFAIRS, v. JACKSON,, 576 So. 2d 864 (Fla. Dist. Ct. App. 1991)

. . . 817.11, Fla.Stat. (1989) (“Obtaining property by fraudulent promise to furnish inside information”); § 817.034 . . .

THE FLORIDA BAR, v. A. LEVINE,, 571 So. 2d 420 (Fla. 1990)

. . . adjudicated guilty of organized fraud and the unlawful operation of boiler rooms in violation of sections 817.034 . . .

R. DONOVAN, v. STATE, 572 So. 2d 522 (Fla. Dist. Ct. App. 1990)

. . . The appellant was convicted and sentenced as follows: Organized fraud, section 817.034(3), (4) Florida . . . that the statute which defines and prescribes punishments for the offense of organized fraud, section 817.034 . . . Section 817.034(4)(a), Florida Statutes (1987), provides that, “Any person who engages in a scheme to . . . Subsection 817.034(3)(d) defines a “scheme to defraud” as “a systematic, ongoing course of conduct with . . . According to subsection 817.034(3)(c), “property” means anything of value, and under subsection 817.034 . . .

FIRST PACIFIC CORPORATION, a v. SOCIEDADE EMPREENDIMENTOS e CONSTRUCOES, LTDA., 566 So. 2d 3 (Fla. Dist. Ct. App. 1990)

. . . for Criminal Practices Act, § 772.102, Fla.Stat. (1987), theft, Florida Communications Fraud Act, § 817.034 . . .