20.11 WELFARE FRAUD — BILLING IN EXCESS

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
20.11
Statute
§ 414.39(4)(a), 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 Welfare Fraud — Billing in Excess, the State must prove the following element beyond a reasonable doubt:

(Defendant) knowingly billed the recipient of benefits under a state or federally funded assistance program, or [his] [her] family, for an amount in excess of that provided for by law or regulation.

Further findings

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

§ 414.39(5), Fla. Stat.

If you find (Defendant) guilty of Welfare Fraud, you must also determine if the State proved beyond a reasonable doubt whether the amount wrongfully billed was:

a. less than $200 in any 12 consecutive months.

b. $200 or more, but less than $20,000 in any 12 consecutive months.

c. $20,000 or more, but less than $100,000 in any 12 consecutive months.

d. $100,000 or more in any 12 consecutive months.

Lesser-included offenses

As the instruction lists them, word for word.

No lesser included offenses have been identified for this offense.

Related practice page

Public Assistance Provider & Administrator Fraud 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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