20.23 INSURANCE FRAUD (KNOWING MATERIAL FALSE STATEMENT IN SUPPORT OF A CLAIM)
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
- 20.23
- Statute
- § 817.234(1)(a)1., Fla. Stat. or § 817.234(1)(a)2., 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 Insurance Fraud, the State must prove the following four elements beyond a reasonable doubt:
Give 1a or 1b or both as applicable.
1. (Defendant)
a. presented or caused to be presented a written or oral statement to an insurer.
b. prepared or made a written or oral statement that [he] [she] intended to be presented to an insurer.
2. The written or oral statement was [a part of or in support of] [or] [in connection with*] a claim for payment [or other benefit] pursuant to an insurance policy [or a health maintenance organization subscriber or provider contract].
3. (Defendant) did so knowing the written or oral statement contained false, incomplete, or misleading information concerning any fact or thing material to the claim.
4. (Defendant) did so with the intent to injure, defraud, or deceive the insurer.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
If you find the defendant guilty of Insurance Fraud, you must determine whether the State proved beyond a reasonable doubt that the value of the property involved was:
a. $100,000 or more.
b. $20,000 or more but less than $100,000.
c. less than $20,000
If the value of the property cannot be ascertained, you should attempt to determine a minimum value. If you cannot determine the minimum value, you must find the value is less than $100.
Lesser-included offenses
As the instruction lists them, word for word.
INSURANCE FRAUD — 817.234(1)(a)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Theft | 812.014 | 14.1 |
Related practice page
Fraud & Financial Crimes Defense in Miami · Health Care Fraud Defense in Miami · Insurance Fraud Defense 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.