20.29 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
- 20.29
- 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 Fraudulent Acts Pertaining to Worker’s Compensation Insurance, the State must prove the following element beyond a reasonable doubt:
Give as applicable.
(Defendant):
a. knowingly made or caused to be made, any false, fraudulent, or misleading oral or written statement for the purpose of obtaining or denying any benefit or payment for worker’s compensation.
b. presented or caused to be presented any written or oral statement as part of, or in support of, a claim for payment or other benefit for worker’s compensation knowing that such statement contained any false, incomplete, or misleading information concerning any fact or thing material to such claim.
c. prepared or caused to be prepared any written or oral statement that was intended to be presented to any employer, insurance company, or self-insured program in connection with, or in support of, any claim for payment or other benefit for worker’s compensation, knowing that such statement contained any false, incomplete, or misleading information concerning any fact or thing material to such claim.
d. [knowingly made any false, fraudulent, or misleading oral or written statement] [or] [knowingly omitted or concealed material information required by Florida Statute [440.185] [440.381]], for the purpose of obtaining worker’s compensation coverage or for the purpose of avoiding, delaying, or diminishing the amount of payment of any worker’s compensation premiums.
e. knowingly misrepresented or concealed payroll, classification of workers, or information regarding an employer’s loss history which would be material to the computation and application of an experience rating modification factor for the purpose of avoiding or diminishing the amount of payment of any worker’s’ compensation premiums.
f. knowingly 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] [eligibility for a certificate of exemption under Florida Statute 440.05].
g. knowingly violated a stop-work order issued by the Department of Financial Services pursuant to Florida Statute 440.107.
h. knowingly presented or caused to be presented any false, fraudulent, or misleading oral or written statement to any person as evidence of identity for the purpose of [obtaining employment or filing or supporting a claim for worker’s’ compensation benefits.
i. knowingly assisted, or conspired with, or urged any person to engage in the following activity: (insert prohibited activity).
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] Workman’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.
FRAUDULENT ACTS PERTAINING TO WORKER’S COMPENSATION INSURANCE § 440.105(4)(b)
| 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.