What is Insurance Fraud Under Florida State Law?
Insurance fraud is a criminal offense that is often charged under federal law, but it can also be charged under the Florida Statutes. What are the elements of insurance fraud under state law, and what are the consequences if you are convicted? Our Tampa insurance fraud defense lawyers can explain the state law to you in more detail, and we are here to begin working with you on a defense. We can assist you with your defense strategy under both federal and state law in Florida.
Elements of Insurance Fraud Under Florida Law
Under Section 817.234 of the Florida Statutes, “a person commits insurance fraud” if they engage in any of the following manners “with the intent to injure, defraud, or deceive any insurer,” specifically cited under the statute:
- Presents or causes to be presented any written or oral statement as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy or a health maintenance organization subscriber or provider contract, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such claim;
- Prepares or makes any written or oral statement that is intended to be presented to any insurer in connection with, or in support of, any claim for payment or other benefit pursuant to an insurance policy or a health maintenance organization subscriber or provider contract, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such claim;
- Knowingly presents, causes to be presented, or prepares or makes with knowledge or belief that it will be presented to any insurer, purported insurer, servicing corporation, insurance broker, or insurance agent, or any employee or agent thereof, any false, incomplete, or misleading information or written or oral statement as part of, or in support of, an application for the issuance of, or the rating of, any insurance policy, or a health maintenance organization subscriber or provider contract, or knowingly conceals information concerning any fact material to such application; or
- Knowingly presents, causes to be presented, or prepares or makes with knowledge or belief that it will be presented to any insurer a claim for payment or other benefit under a personal injury protection insurance policy if the person knows that the payee knowingly submitted a false, misleading, or fraudulent application or other document when applying for licensure as a health care clinic, seeking an exemption from licensure as a health care clinic, or demonstrating compliance with part X of chapter 400.
There are additional elements of insurance fraud when a health care provider assists, urges, or conspires with an insured to commit insurance fraud in any of the manners cited above.
Consequences of an Insurance Conviction Under Florida Law
The severity of the charges for insurance fraud under the Florida Statutes depends on the value of the property involved, but it is always a felony offense:
- Third degree felony if the value is less than $20,000;
- Second degree felony if the value is $20,000 or more but less than $100,000; and
- First degree felony if the value is $100,000 or more.
In addition to prison time, you will face a substantial monetary fine. Even after serving out the terms of your sentence, you will face the consequences of having a felony criminal record, and you may face limitations on the types of loans you can be eligible to receive as well as the types of professional licenses you may hold.
Contact Our Tampa Criminal Defense Lawyers for Assistance Defending Against the Insurance Fraud Charges You Are Facing Under the Florida Statutes
Insurance fraud happens more often than many people in Florida think, and it can be charged under Florida law for even minor yet intentional misrepresentations. Whether you are facing insurance fraud charges based on an action you took as an individual or on behalf of your business for which you had a fiduciary duty, you need legal help from a criminal defense lawyer. These are serious charges that can result in prison time, fines, and a significant criminal record that can impact your ability to hold certain jobs and licenses in the future. One of the experienced Tampa fraud defense attorneys at the Law Offices of Daniel J. Fernandez, P.A. can discuss the details of your case with you today. Contact us to begin building a defense strategy that is tailored to the facts of your arrest.
Source:
flsenate.gov/laws/statutes/2018/817.234
