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 ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04 | 5.1 |
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.