Philip “Phil” Fiorito, 38, was sentenced on April 2 to five years in state prison by Circuit Judge James Morgan following a felony probation violation connected to a $25,000 air conditioning repair fraud scheme.
In addition to the prison sentence, Fiorito was ordered to serve five years of probation upon release, pay court costs and pay $19,277.11 in restitution to the victim.
The case began in 2018 when local property owner Mark Peterson reported that he had written multiple checks totaling $25,015.19 to Fiorito for air conditioning repairs across his rental properties in the Florida Keys. Fiorito, who falsely claimed to work for Rex Air in Islamorada, convinced the victim that he was arranging professional installations through a subcontractor — an individual later discovered to be fictitious. No work was ever completed, and Fiorito had not been employed with Rex Air since late 2017.
Much of the interaction began after Hurricane Irma, when Peterson offered Fiorito and his girlfriend a place to stay in one of his rental units that had been made available post-storm. Fiorito used this arrangement as an opportunity to build trust and request payments for repairs that were never done.
Fiorito was convicted of fraud and grand theft and originally sentenced to probation. However, he later violated the terms of his probation numerous times. Morgan found these actions to be willful and substantial violations and imposed the sentence under Florida law.
“Mr. Fiorito didn’t just commit theft — he took advantage of someone’s kindness during a time when our community was still recovering from a major storm,” said Monroe County State Attorney Dennis Ward. “We take that kind of deception very seriously. This sentence reinforces our commitment to protecting residents from fraud and exploitation.”
“Probation is meant to give individuals a chance to turn things around. But when that chance is abused, and the harm continues, incarceration becomes necessary,” Chief Assistant State Attorney Joseph Mansfield added. “We deeply appreciate the dedication of Assistant State Attorney Jon Byrne, whose work helped bring resolution and justice in this case.”
Fiorito is in the custody of the Florida Department of Corrections.
