What Is an Identity Theft Affidavit?
An identity theft affidavit is a sworn statement declaring that a person's identity has been used without authorization to open accounts, conduct transactions, or commit fraud. In Florida, identity theft victims use this affidavit to dispute fraudulent debts, correct credit records, and initiate criminal investigations.
The standard form is the FTC Identity Theft Report, generated through IdentityTheft.gov. Florida victims should supplement this with a local police report filed under Section 817.568, Florida Statutes.
Florida Identity Theft Law
Florida criminalizes identity theft under Section 817.568 with escalating penalties:
- Third-degree felony: Unauthorized use of personal identification information (up to 5 years in prison, $5,000 fine)
- Second-degree felony: If the victim is 60 years or older, or financial harm exceeds $5,000 (up to 15 years, $1,000 fine)
- First-degree felony: If financial harm exceeds $50,000 or involves 20+ victims (up to 30 years)
Florida law enforcement agencies are required to take identity theft reports regardless of where the crime originated (Section 817.568(7)).
Filing the Affidavit
- File a police report with your local Florida law enforcement agency
- Complete the FTC Identity Theft Report online
- Send copies to affected creditors and financial institutions
- Submit to credit bureaus (Equifax, Experian, TransUnion) with a fraud alert or credit freeze request
- If real property is affected, record a fraud affidavit with the county clerk of court
Identity Theft and Florida Real Estate
Deed fraud is an increasing concern in Florida. Criminals use stolen identities to forge deeds, transfer property, and take out fraudulent mortgages. Victims can pursue a quiet title action to void the fraudulent instrument and restore their ownership rights.
Related Terms
- Affidavit — Sworn written statement
- Quiet Title — Action to resolve ownership disputes
- Deed — Real property transfer instrument
- Fraud — Intentional deception for gain
Barnes Walker Fraud and Real Estate Services
Barnes Walker's litigation team represents identity theft victims in Southwest Florida, including quiet title actions to recover real property from fraudulent transfers. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC