Florida/Georgia Personal Injury & Workers Compensation

wrongfully obtained is not a defense under section 414.39(7), Florida Statutes (2014), may mislead jurors

...d its proposals for comment. Two comments were received by the Committee. Both comments asserted that language in instructions 20.3-20.10 and instruction 20.12 stating that repayment of public assistance wrongfully obtained is not a defense under section 414.39(7), Florida Statutes (2014), may mislead jurors into believing that repayment is not relevant to any issue presented at trial, particularly the issue of whether the defendant acted with the requisite intent....

...ahassee, Florida, for Petitioner -4-  Appendix 20.3 WELFARE FRAUD — FAILURE TO DISCLOSE A MATERIAL FACT § 414.39(1)(a), Fla._Stat. To prove the crime of Welfare Fraud — Failure to Disclose a Material Fact, the State must prove the following three two elements beyond a reasonable doubt: 1....

...The fact was [used] [to be used] to determine (defendant’s) qualifications to receive aid or benefits public assistance from any state or federally funded public assistance program. 3. The aid or benefits came from a state or federally funded assistance program. § 414.39(5), Fla....

...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. § 414.39(5)(e), Fla....

...exchange value unlawfully obtained by the fraudulent act. -5-  Definitions. Give as applicable. “Fraudulent” means the intent or purpose of suppressing the truth or perpetrating a deception. § 414.39(5)(f), Fla....

...Optional Definition “Knowingly” means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason. (Devitt & Blackmar — Federal Jury Practice and Instructions, Sec. 16.07) Defense. Give if applicable. § 414.39(7), Fla. Stat. It is not a defense that the defendant repaid the assistance or services obtained. Inferences. Give as applicable. Optional (if appropriate) Proof § 414.39(8)(a), Fla....

...establish that the defendant received assistance, though this fact may be disproved by competent evidence. 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....

...for this offense. Comment This instruction was adopted in 1981 and amended in 2015. -7-  20.4 WELFARE FRAUD — AIDING OR ABETTING § 414.39(1)(c), Fla._Stat. To prove the crime of Welfare Fraud — Aiding or Abetting, the State must prove the following three elements beyond a reasonable doubt: Give 1a and/or 1b as applicable. 1....

...or benefits state or federally funded public assistance]. 2. The other person received benefits to which [he] [she] was not entitled. 3. The aid or benefits came from a state or federally funded assistance program. § 414.39(5), Fla....

...12 consecutive months. c. an aggregate value of $20,000 or more, but less than $100,000 in any 12 consecutive months. -8-  d. $100,000 or more in any 12 consecutive months. § 414.39(5)(e), Fla....

...Stat. The value of a food assistance authorization benefit is the cash or exchange value unlawfully obtained by the fraudulent act. Definitions. Give as applicable. “Fraudulent” means the intent or purpose of suppressing the truth or perpetrating a deception. § 414.39(5)(f), Fla....

...Optional Definition “Knowingly” means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason. (Devitt & Blackmar — Federal Jury Practice and Instructions, Sec. 16.07) Defense. Give if applicable. § 414.39(7), Fla. Stat. It is not a defense that the defendant repaid the assistance or services obtained. Inferences. Give as applicable. Optional (if appropriate) Proof § 414.39(8)(a), Fla....

...e disproved by competent evidence. You may conclude that (defendant) did -9- 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....

...his offense. Comment This instruction was adopted in 1981 and amended in 2015. - 10 -  20.5 WELFARE FRAUD — CHANGE IN CIRCUMSTANCES § 414.39(1)(b), Fla._Stat. To prove the crime of Welfare Fraud — Change in Circumstances, the State must prove the following two elements beyond a reasonable doubt: 1....

...federally funded public assistance to which [he] [she] was not entitled [or in an amount larger than [he] [she] was entitled]. 2. The aid or benefits came from a state or federally funded assistance program. § 414.39(5), Fla....

...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. § 414.39(5)(e), Fla....

...Optional Definition “Knowingly” means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason. (Devitt & Blackmar Federal Jury Practice and Instructions, Sec. 16.07) Defense. Give if applicable. § 414.39(7), Fla. Stat. It is not a defense that the defendant repaid the assistance or services obtained. Inferences. Give as applicable. Optional (if appropriate) Proof § 414.39(8)(a), Fla....

...establish that the defendant received assistance, though this fact may be disproved by competent evidence. 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....

...- 12 -  20.6 WELFARE FRAUD — FOOD STAMPS, MEDICAL SERVICES [FOOD ASSISTANCE IDENTIFICATION CARD] [AUTHORIZATION] [CERTIFICATE OF ELIGIBILITY FOR MEDICAL SERVICES] [MEDICAID IDENTIFICATION CARD] § 414.39(2), Fla._Stat. To prove the crime of Welfare Fraud — Food Stamps, Medical Services [Food Assistance Identification Card] [Authorization] [Certificate of Eligibility for Medical Services] [Medicaid Identification Card], the State mu...

...fication card]. 2. The use, transfer, acquisition, traffic, alteration, forgery, or possession was not authorized by law. The law requires (insert the appropriate law pertaining to the relevant item). § 414.39(5), Fla....

...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. § 414.39(5)(e), Fla....

...Optional Definition “Knowingly” means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason. (Devitt & Blackmar – Federal Jury Practice and Instructions, Sec. 16.07) Defense. Give if applicable. § 414.39(7), Fla. Stat. It is not a defense that the defendant repaid the assistance or services obtained [or returned the authorization or identification wrongfully obtained]. Inferences. Give as applicable. Optional (if appropriate) Proof § 414.39(8)(a), Fla....

...- 14 - disproved by competent evidence. 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....

...Comment This instruction was adopted in 1981 and amended in 2015. - 15 -  20.7 WELFARE FRAUD — ADMINISTRATOR AIDING MISAPPROPRIATING §§ 414.39(3)(a) and (3)(b), Fla._Stat. To prove the crime of Welfare Fraud — Administrator Aiding Misappropriating, the State must prove the following [two] [three] elements beyond a reasonable doubt: § 414.39(3)(a), Fla....

...]stamps, a food stamp identification card, [a certificate of eligibility for prescribed medicine], [a Medicaid identification card], [or] [public assistance from any other state or federally funded program]. § 414.39(3)(b), Fla....

...misappropriate] [aided or abetted another in the - 16 -  misappropriation of] [funds given in exchange for food assistance program benefits] [any form of food assistance benefits authorization]. § 414.39(5), Fla....

...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. § 414.39(5)(e), Fla....

...Stat. The value of a food assistance authorization benefit is the cash or exchange value unlawfully obtained by the fraudulent act. Definitions. Give as applicable. “Fraudulently” means purposely or intentionally suppressing the truth and/or perpetrating a deception. § 414.39(5)(f), Fla....

...Optional Definition “Knowingly” means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason. (Devitt & Blackmar Federal Jury Practice and Instructions, Sec. 16.07) Defense. Give if applicable. § 414.39(7), Fla. Stat. It is not a defense that the defendant repaid the assistance or services obtained [or returned the authorization or identification wrongfully obtained]. 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....

...Comment This instruction was adopted in 1981 and amended in 2015. - 18 -  20.8 WELFARE FRAUD — ADMINISTRATOR FAILURE TO DISCLOSE § 414.39(3)(a), Fla._Stat. To prove the crime of Welfare Fraud — Administrator Failure to Disclose, the State must prove the following three elements beyond a reasonable doubt: 1....

...assistance, [a certificate of eligibility for prescribed medicine] [a Medicaid identification card] [public assistance from any state or federally funded program]. 3. [He] [She] (Defendant) failed to disclose this fraudulent activity. § 414.39(5), Fla....

...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. - 19 -  § 414.39(5)(e), Fla....

...Stat. The value of a food assistance authorization benefit is the cash or exchange value unlawfully obtained by the fraudulent act. Definitions. Give as applicable. “Fraudulently” means purposely or intentionally suppressing the truth and/or perpetrating a deception. § 414.39(5)(f), Fla....

...acilitate. An “attempt” to commit a crime is the formation of an intent to commit that crime and the doing of some act toward the commission of the crime other than mere preparation to commit the crime. Defense. Give if applicable. § 414.39(7), Fla. Stat. It is not a defense that the defendant repaid the assistance or services obtained [or returned the authorization or identification wrongfully obtained]. 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....

... Comment This instruction was adopted in 1981 and amended in 2015. - 21 -  20.9 WELFARE FRAUD — RECEIVING UNAUTHORIZED PAYMENTS § 414.39(4)(c), Fla._Stat. 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 an...

...abetted in the receipt of unauthorized payments for services to a recipient of benefits or other unauthorized public assistance or authorization or identification to obtain public assistance under a any state or federally funded assistance program. § 414.39(5), Fla....

...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. § 414.39(5)(e), Fla....

...Optional Definition “Knowingly” means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason. (Devitt & Blackmar — Federal Jury Practice and Instructions, Sec. 16.07) Give if applicable. § 414.39(7), Fla. Stat. It is not a defense that the defendant repaid the assistance or services obtained [or returned the authorization or identification wrongfully obtained]. 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....

...s offense. Comment This instruction was adopted in 1981 and amended in 2015. - 23 -  20.10 WELFARE FRAUD — FILING WITHOUT CREDITING § 414.39(4)(cb), Fla._Stat. To prove the crime of Welfare Fraud — Filing Without Crediting, the State must prove the following element beyond a reasonable doubt: (Defendant) knowingly filed a claim for services to a recipient of benefits under a state or federally funded assistance program without crediting the state or its agents for payments received from social security, insurance, or other sources. § 414.39(5), Fla....

...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. § 414.39(5)(e), Fla....

...“Knowingly” means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason. (Devitt & Blackmar — Federal Jury Practice and Instructions, Sec. 16.07) - 24 -  Repayment not a defense. § 414.39(7), Fla. Stat. It is not a defense that the defendant repaid the assistance or services obtained. 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....

...offense. Comment This instruction was adopted in 1981 and amended in 2015. - 25 -  20.11 WELFARE FRAUD — BILLING IN EXCESS § 414.39(4)(a), Fla._Stat. To prove the crime of Welfare Fraud — Billing in Excess, the State must prove the following element beyond a reasonable doubt: (Defendant) knowingly billed the recipient of benefits under a state or federally funded assistance program, or [his] [her] family, for an amount in excess of that provided for by law or regulation. § 414.39(5), Fla....

...Optional Definition “Knowingly” means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason. (Devitt & Blackmar — Federal Jury Practice and Instructions, Sec. 16.07) Give if applicable. § 414.39(7), Fla....

... Comment This instruction was adopted in 1981 and amended in 2015. - 27 -  20.12 WELFARE FRAUD — FILING FOR SERVICES NOT RENDERED § 414.39(4)(a), Fla._Stat. To prove the crime of Welfare Fraud — Filing for Services not Rendered, the State must prove the following two elements beyond a reasonable doubt: 1....

...abetted in filing a claim for services to a recipient of benefits under a state or federally funded assistance program. 2. The claim was for services which were false, not rendered, or for unauthorized items or services. § 414.39(5), Fla....

...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. § 414.39(5)(e), Fla....

...Optional Definition “Knowingly” means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason. (Devitt & Blackmar — Federal Jury Practice and Instructions, Sec. 16.07) Give if applicable. § 414.39(7), Fla. Stat. It is not a defense that the defendant repaid the assistance or services obtained. 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....

amendment to instruction 20.6 is based upon section 414.39(2), Florida Statutes (2016), as

state argues the circuit court misinterpreted section 414.39(5)(b) as requiring the state to allege and