16.2 FAILURE TO PROVIDE FINANCIAL SUPPORT

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

Instruction
16.2
Statute
§ 827.06, Fla. Stat.
Edition
Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
Official source
The Florida Bar: criminal jury instructions

Elements

Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.

To prove the crime of Failure to Provide Financial Support, the State must prove the following five elements beyond a reasonable doubt:

1. (Defendant) willfully failed to provide financial support for (victim).

2. At the time, (victim) was the [child] [spouse] of (defendant).

3. At the time, (defendant) was legally obligated to provide financial support for (victim).

4. At the time, (defendant) knew [he] [she] was legally obligated to provide financial support for (victim).

5. At the time, (defendant) had the ability to provide financial support for (victim).

Further findings

Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.

§ 827.06(3), Fla. Stat. $5000 or more. Give if applicable.

If you find (defendant) guilty of Failure to Provide Financial Support, you must further determine if the State proved beyond a reasonable doubt whether the defendant owed, for more than one year, financial support to (victim) in an amount equal to or greater than $5,000.

§ 827.06(5)(b), Fla. Stat., § 88.1011(22), Fla. Stat. Give if applicable.

You may conclude that (defendant) knew [he] [she] was legally obligated to provide financial support for (victim) if you find that a court or tribunal entered an order that obligated the defendant to provide financial support to (victim). “Tribunal” means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.

Lesser-included offenses

As the instruction lists them, word for word.

FAILURE TO PROVIDE FINANCIAL SUPPORT ($5000 or more) — 827.06(3)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
Failure to Provide Financial Support827.06(2)16.2

FAILURE TO PROVIDE FINANCIAL SUPPORT (4th or subsequent offense) — 827.06(3)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
Failure to Provide Financial Support827.06(2)16.2

Related practice page

Criminal Charges for Unpaid Child Support in Miami

Official source: The Florida Bar: criminal jury instructions

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

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