Florida Statutes
Fla. Stat. § 827.08 (2025)
Misuse of child support money.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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827.08 Misuse of child support money.—Any person who willfully misapplies funds paid by another or by any governmental agency for the purpose of support of a child shall, for the first offense, be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and for a second or subsequent conviction under this section, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person shall be deemed to have misapplied child support funds when such funds are spent for any purpose other than for necessary and proper home, food, clothing, and the necessities of life, which expenditure results in depriving the child of the above named necessities. All public welfare agencies shall give notice of the provisions of this section at least once to each payee of any public grant made for the benefit of any child and shall report violations of this section to the proper prosecuting officer.
Note.—Former s. 828.201.
Arrestable Offenses under F.S. 827.08
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§827.08NEGLECT CHILDMISUSE CHILD SUPPORT MONEY 2ND OR SUBSQ OFF
§827.08NEGLECT CHILDMISUSE CHILD SUPPORT MONEY 1ST OFF
Notes of Decisions
Cited in 3
cases, 2009–2017 · leading case: Kevin Spencer v. United States, 773 F.3d 1132 (11th Cir. 2014).
Kevin Spencer v. United States, 773 F.3d 1132 (11th Cir. 2014). “Based on the record, it cannot be said that when Spencer pled guilty to violating Fla. Stat. § 827.08 , Spencer knowingly, voluntarily, and intelligently gave up his Sixth Amendment right to have submitted to a jury and proven beyond a reasonable doubt the element of the…”
Poczatek v. State, 213 So. 3d 1065 (Fla. 2d DCA 2017). “” § 827.08(l)(e). Even where the incident or omission could reasonably be expected to result in serious injury or death to the child, “that ‘neglect’ becomes criminal only when the State proves that the caregiver has acted ‘willfully or by culpable negligence.”
Cox v. State, 1 So. 3d 1220 (Fla. 2d DCA 2009). “3 (“[P]ortions of section 827.08 prohibit the ‘willful torturing’ and ‘willful and unlawful caging’ of children.”
— 827.08(l)(e) — 1 case
Poczatek v. State, 213 So. 3d 1065 (Fla. 2d DCA 2017). “” § 827.08(l)(e). Even where the incident or omission could reasonably be expected to result in serious injury or death to the child, “that ‘neglect’ becomes criminal only when the State proves that the caregiver has acted ‘willfully or by culpable negligence.”
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