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Florida Statute 812.0191 | Lawyer Caselaw & Research
F.S. 812.0191 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 812.0191

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES
View Entire Chapter
F.S. 812.0191
812.0191 Dealing in property paid for in whole or in part by the Medicaid program.
(1) As used in this section, the term:
(a) “Property paid for in whole or in part by the Medicaid program” means any devices, goods, services, drugs, or any other property furnished or intended to be furnished to a recipient of benefits under the Medicaid program.
(b) “Value” means the amount billed to Medicaid for the property dispensed or the market value of the devices, goods, services, or drugs at the time and place of the offense. If the market value cannot be determined, the term means the replacement cost of the devices, goods, services, or drugs within a reasonable time after the offense.
(2) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should have known was paid for in whole or in part by the Medicaid program commits a felony.
(a) If the value of the property involved is less than $20,000, the crime is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the value of the property involved is $20,000 or more but less than $100,000, the crime is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the value of the property involved is $100,000 or more, the crime is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The value of individual items of the devices, goods, services, drugs, or other property involved in distinct transactions committed during a single scheme or course of conduct, whether involving a single person or several persons, may be aggregated when determining the punishment for the offense.

(3) Any person who knowingly initiates, organizes, plans, finances, directs, manages, or supervises the obtaining of property paid for in whole or in part by the Medicaid program and who traffics in, or endeavors to traffic in, such property commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 12, ch. 2004-344.

F.S. 812.0191 on Google Scholar

F.S. 812.0191 on Casetext

Amendments to 812.0191


Arrestable Offenses / Crimes under Fla. Stat. 812.0191
Level: Degree
Misdemeanor/Felony: First/Second/Third

S812.0191 2a - FRAUD - TRAFFIC IN MEDICAID PROPERTY LESS 20K DOLS - F: T
S812.0191 2b - FRAUD - TRAFFIC IN MEDICAID PROPERTY 20K LESS 100K DOL - F: S
S812.0191 2c - FRAUD - TRAFFIC IN MEDICAID PROPERTY 100K OR MORE - F: F
S812.0191 3 - FRAUD - PLAN MANAGE OBTAIN TRAFFIC MEDICAID PROPERTY - F: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

BLACKMON, v. STATE Of, 121 So. 3d 535 (Fla. 2013)

. . . ."); § 812.0191, Fla. . . .