20.28 [FAILURE TO SECURE] [FRAUDULENT ACTS PERTAINING TO] WORKER’S COMPENSATION INSURANCE

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
20.28
Statute
§ 440.105 (4)(a)1., and (4)(a)3., 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 [Failing to Secure] [Fraudulent Acts Pertaining to] Worker’s Compensation Insurance, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) was an employer.

2. (Defendant) knowingly

Give as applicable.

a. presented or caused to be presented any false, fraudulent, or misleading oral or written statement to any person as evidence of compliance with Florida Statute 440.38.

b. failed to secure worker’s compensation insurance coverage when required to do so.

Further findings

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

If you find the defendant guilty of [Failure to Secure] [Fraudulent Acts Pertaining to] Worker’s Compensation Insurance, you must determine whether the State proved beyond a reasonable doubt that the monetary value involved was:

a. $100,000 or more.

b. $20,000 or more but less than $100,000.

c. less than $20,000

Lesser-included offenses

As the instruction lists them, word for word.

[FAILURE TO SECURE] [FRAUDULENT ACTS PERTAINING TO] WORKER’S COMPENSATION INSURANCE –– § 440.105(4)(a)1., and (4)(a)3.

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
None
Attempt777.045.1

Related practice page

Workers' Compensation 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.

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