This week Florida's Chief Financial Officer announced an arrest in an alleged $862,000 SNAP benefits scheme, reported by CBS News. An arrest is an accusation. The person is presumed innocent, and nothing here is a comment on that case.
The story is a good reason to explain a law most people have never read: how Florida charges public-assistance fraud, and why the dollar amount drives everything.
The law in plain words
Florida's public-assistance fraud statute is section 414.39 of the Florida Statutes. It covers more than most people expect.
It makes it a crime to knowingly fail to disclose a material fact, by false statement or other fraudulent means, when your qualification for public assistance is being decided. It also covers failing to disclose a change in circumstances in order to keep getting benefits you are not entitled to, or a larger amount than you are entitled to.
A second part covers food assistance cards and authorizations. The statute lists using, transferring, acquiring, trafficking, altering, forging or possessing a food assistance card or authorization "in any manner not authorized by law." The statute defines "traffic" to include buying, selling or exchanging EBT benefits for cash or for anything other than eligible food.
The statute also reaches people who aid and abet someone else in these acts.
The dollar amount sets the degree
Under section 414.39(5), the grade of the charge depends on the aggregate value of the assistance wrongfully received, retained, misappropriated, sought or used in any 12 consecutive months:
- Less than $200: a first-degree misdemeanor.
- $200 or more, but less than $20,000: a third-degree felony.
- $20,000 or more, but less than $100,000: a second-degree felony.
- $100,000 or more: a first-degree felony.
For food assistance, the statute says the value is "the cash or exchange value unlawfully obtained by the fraudulent act." That sentence matters. It means the State has to prove a number, and the number has to be tied to the act charged.
What this means for you
If you receive benefits, run a store that accepts EBT cards, or have a family member who does, a few practical points:
- Reporting changes matters. A change in household income or members that goes unreported can be framed as a failure to disclose.
- Knowledge is an element. The statute says "knowingly." An honest mistake on a form is not the same thing as a scheme, and the difference is worth fighting about.
- The math is a battleground. Because the grade turns on aggregate value over 12 consecutive months, how the State counts, and which transactions it counts, can change a felony's degree or whether it is a felony at all.
- Do not explain it to investigators on your own. Agents from state and federal agencies can be friendly and persistent. Statements made without a lawyer are used later.
If you are contacted or arrested
Do not guess about paperwork. Do not delete records or messages. Write down who contacted you and when. Then call a lawyer before you answer substantive questions.
At Dennis Gonzalez Law, P.A., the lead attorney is a former Miami-Dade prosecutor who now defends people accused of fraud and other crimes in state and federal court. Every case starts with the documents and the numbers.
Call (305) 209-0384, answered 24/7. The first consultation is free.
Learn more about criminal defense in Miami and see our Miami-Dade courthouse resources.
This article is general information, not legal advice. Every case turns on its own facts.