Florida criminal charge
False and fraudulent insurance claims in Florida
False and fraudulent insurance claims is a criminal offense under Florida law, defined by Fla. Stat. § 817.234. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 817.234.
How is false and fraudulent insurance claims classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Insurance fraud — value less than $20,000 | Felony of the Third Degree | The value of the property involved in the insurance fraud violation is less than $20,000. | Fla. Stat. § 817.234(11)(a) |
| Insurance fraud — value $20,000 to under $100,000 | Felony of the Second Degree | The value of the property involved in the insurance fraud violation is $20,000 or more but less than $100,000. | Fla. Stat. § 817.234(11)(b) |
| Insurance fraud — value $100,000 or more | Felony of the First Degree | The value of the property involved in the insurance fraud violation is $100,000 or more. | Fla. Stat. § 817.234(11)(c) |
| Wrongful alteration of PIP medical report opinion | Felony of the Third Degree | An insurer or person acting on its behalf changes, or directs a physician to change, an opinion in a mental or physical report prepared under s. 627.736(7). | Fla. Stat. § 817.234(7)(c) |
| Fraudulent solicitation of motor vehicle accident business | Felony of the Second Degree | A person, intending to defraud, solicits or causes to be solicited business from a person involved in a motor vehicle accident for making, adjusting, or settling motor vehicle tort or PIP claims. | Fla. Stat. § 817.234(8)(a) |
| Improper solicitation within 60 days of accident | Felony of the Third Degree | A person solicits or causes to be solicited business from a motor vehicle accident victim by means other than public advertising within 60 days of the accident, for the purpose of making tort or PIP claims. | Fla. Stat. § 817.234(8)(b) |
| Lawyer/practitioner in-person or telephone solicitation after 60 days | Felony of the Third Degree | A lawyer, health care practitioner, or clinic owner/medical director solicits business in person or by telephone at the accident victim's residence more than 60 days after the accident, for the purpose of making tort or PIP claims. | Fla. Stat. § 817.234(8)(c) |
| Staged motor vehicle crash or false crash documentation scheme | Felony of the Second Degree | A person organizes, plans, or knowingly participates in an intentional motor vehicle crash or a scheme to fabricate documentation of a crash that did not occur, for making tort or PIP claims. | Fla. Stat. § 817.234(9) |
Common questions about false and fraudulent insurance claims in Florida
Is false and fraudulent insurance claims a felony or a misdemeanor in Florida?
It depends on the circumstances: false and fraudulent insurance claims ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 817.234.
Insurance fraud — value less than $20,000: Felony of the Third Degree (Fla. Stat. § 817.234(11)(a)) · Insurance fraud — value $20,000 to under $100,000: Felony of the Second Degree (Fla. Stat. § 817.234(11)(b)) · Insurance fraud — value $100,000 or more: Felony of the First Degree (Fla. Stat. § 817.234(11)(c)) · Wrongful alteration of PIP medical report opinion: Felony of the Third Degree (Fla. Stat. § 817.234(7)(c)) · Fraudulent solicitation of motor vehicle accident business: Felony of the Second Degree (Fla. Stat. § 817.234(8)(a)) · Improper solicitation within 60 days of accident: Felony of the Third Degree (Fla. Stat. § 817.234(8)(b)) · Lawyer/practitioner in-person or telephone solicitation after 60 days: Felony of the Third Degree (Fla. Stat. § 817.234(8)(c)) · Staged motor vehicle crash or false crash documentation scheme: Felony of the Second Degree (Fla. Stat. § 817.234(9))
Which Florida statute covers false and fraudulent insurance claims?
False and fraudulent insurance claims is governed by Fla. Stat. § 817.234 (False and fraudulent insurance claims).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.