{"id":372577,"date":"2016-03-31T21:34:57","date_gmt":"2016-04-01T02:34:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-insurance-fraud-laws.html"},"modified":"2018-03-21T12:18:32","modified_gmt":"2018-03-21T17:18:32","slug":"florida-insurance-fraud-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-insurance-fraud-laws.html","title":{"rendered":"Florida Insurance Fraud Laws"},"content":{"rendered":"\n
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Florida Insurance Fraud Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Overview of Florida Insurance Fraud Laws<\/h2>\n

Florida has seen more than its share of insurance schemes and frauds over the years. With hurricanes and real estate hucksters aplenty, the Sunshine State makes it an insurance fraud<\/a> crime to defraud, deceive or mislead an insurer.<\/p>\n

If you receive any kind of benefit from a false insurance claim, you can be prosecuted under Florida’s insurance fraud laws. Indeed, any deceptive or intentionally misleading action or statement made to an insurance company in hopes of gaining an insurance benefit is a criminal act.<\/p>\n

Real-Life Example of Florida Insurance Fraud:<\/h2>\n

To better illustrate how insurance fraud happens, let’s look at a recent home insurance fraud ring<\/a> in South Florida. In Feb. 2014, 22 people in the Miami area were charged in a fraud scheme that bilked insurance companies out of $7.6 million by intentionally setting fires or causing floods in homes.<\/p>\n

A public adjuster worked with recruiters and \u201cfinders\u201d to locate homeowners willing to allow him to set fires or burn their homes and then file a homeowner\u2019s claim with insurance companies. The adjuster staged 17 fires and floods in homes between 2006 and 2014, authorities said.<\/p>\n

The adjuster would meet with a homeowner, decided whether a fire or flood would work best and then agree on a date. As a public adjuster, he would then file a claim with the insurance company and get a cut of 20-30 percent, once the insurance company paid.<\/p>\n

In one case, the adjuster concocted a plan to set fire to a BMW in a garage, so that the house would burn. He then put a claim for more than $600,000. In another case, he and another man loosened the master pipe for the sink in the master bedroom of a home and let the water run freely. He then filed a claim for more than $100,000.<\/p>\n

The adjuster was charged with racketeering, grand theft, arson and forgery and could face more than 30 years in federal prison.<\/p>\n

The text box below provides you with important information about Florida insurance fraud laws and how to find an attorney if you\u2019ve been accused of this crime.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Florida Statutes Section 817.234<\/a><\/p>\n<\/td>\n<\/tr>

Elements of Insurance Fraud<\/b><\/p>\n<\/td>\n

A person commits insurance fraud by submitting a claim based on a false, exaggerated, or deliberate injury or loss. It is against Florida law to submit false or misleading information to an insurer on a claim or an application for an insurance policy.<\/p>\n<\/td>\n<\/tr>

Penalties and Sentencing<\/b><\/p>\n<\/td>\n

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  • The penalties for a conviction on charges of insurance fraud vary depending on the amount or value of the claim. Lawyers, doctors and other professionals face losing their licenses; criminal liability is on the table as are civil fines and penalties. The severity of the penalty imposed increases with the increased value of the fraudulent claim, either a first, second, or third degree felony charge.<\/li>\n
  • Note that both a defendant could face federal and state charges as well.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Special Penalties for Health Care Practitioners<\/b><\/p>\n<\/td>\n

A licensed health care practitioner who is found guilty of insurance fraud for an act relating to a personal injury protection insurance policy loses his or her license to practice for 5 years and may not receive reimbursement for personal injury protection benefits for 10 years.<\/p>\n<\/td>\n<\/tr>

Possible Defenses <\/b><\/p>\n<\/td>\n