20.9 WELFARE FRAUD — RECEIVING UNAUTHORIZED PAYMENTS

To prove the crime of Welfare Fraud — Receiving Unauthorized Payments, the State must prove the following element beyond a reasonable doubt:

(Defendant) knowingly received, attempted to receive, or aided and abetted in the receipt of unauthorized payment or other unauthorized public assistance or authorization or identification to obtain public assistance under any state or federally funded assistance program.

§ 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 value of the public assistance or identification wrongfully [received] [retained] [misappropriated] [sought] [used] was:

a. less than an aggregate value of $200 in any 12 consecutive months.

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

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

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

Inferences. Give as applicable.

§ 414.39(8)(a), Fla. Stat.

You may conclude that (defendant) did receive public assistance from the state if you find that there was a paid state warrant made to the order of the defendant.

§ 414.39(8)(b), Fla. Stat.

You may conclude that an identified recipient received public assistance from the state if you find that a transaction history generated by a Personal Identification Number (PIN) established a purchase or withdrawal by electronic benefit transfer.