Insurance fraud in Florida is knowingly presenting a false, incomplete or misleading statement to support or oppose an insurance claim. Under Florida law it is a third degree felony when the amount is under $20,000, a second degree felony from $20,000 to under $100,000 and a first degree felony at $100,000 or more. Most cases begin with an investigation, so talk to a defense attorney before you speak with investigators.
Key facts at a glance
| Under $20,000 | Third degree felony, up to 5 years |
|---|---|
| $20,000 to under $100,000 | Second degree felony, up to 15 years |
| $100,000 or more | First degree felony, up to 30 years |
| Governing statute | § 817.234, Fla. Stat. |
| Who investigates | Florida Department of Financial Services fraud investigators, often working with insurers' special investigation units |
| Other consequences | Restitution and loss of professional licenses |
Insurance fraud can also be charged federally as mail fraud, wire fraud or health care fraud.
What counts as insurance fraud in Florida?
Common examples include staged auto accidents, exaggerated injury or PIP claims, inflated property damage or theft claims, false statements on applications, billing for medical services that were not provided and paying for patient referrals. Doctors, clinics, attorneys, contractors and public adjusters can be charged in addition to the policyholder.
Is an honest mistake on a claim a crime?
No. The State must prove you acted knowingly and with intent to defraud. Errors in estimates, misunderstandings about coverage, disagreements over value and paperwork prepared by someone else are not crimes. Intent is often the central battleground in these cases.
Charged or under investigation in Broward County? Get a free, confidential consultation.
What should I do if a fraud investigator contacts me?
- Do not give a recorded statement or examination under oath without an attorney.
- Do not alter, delete or create documents related to the claim.
- Write down the investigator's name, agency and contact details.
- Call a criminal defense attorney before responding.
Early representation can sometimes resolve the matter before charges are filed, for example by correcting the record or negotiating repayment.
Representing clients charged in Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Coral Springs, Pompano Beach, Davie, Plantation and every other Broward County city.
Why choose Daniel Rosenberg?
- Experience. A member of the Florida Bar since 2006, defending clients in Broward County and federal courts.
- Direct access. When you call, you will often speak directly with Daniel himself.
- Local. Office at 802 NE 20th Ave in Fort Lauderdale, minutes from the Broward County Courthouse.
- Every resource. Success is never guaranteed, but every available resource goes into your defense.
Frequently asked questions
Is insurance fraud a felony in Florida?
Yes. It is at least a third degree felony and becomes a second or first degree felony as the amount rises.
Can I go to jail for lying on an insurance claim?
Yes. If the State proves you knowingly made a false statement to support a claim, prison is possible, along with restitution.
What is an examination under oath?
It is a sworn interview required by many policies. It is part of the civil claim, but your answers can be used in a criminal case.
Can insurance fraud be charged federally?
Yes. Schemes using mail, wires or health care programs can lead to federal charges.
Will repaying the insurer make the case go away?
Repayment can help negotiations but does not automatically end a criminal case. Talk to an attorney before offering repayment.
Related practice areas
White Collar Crime Defense Attorney
Grand Theft Defense Attorney
Organized Crime Defense Attorney
Criminal Defense Attorney
All practice areas
- Criminal Defense
- Drug Crimes Defense
- Domestic Violence Defense
- DUI Defense
- Weapons Charges Defense
- Aggravated Assault Defense
- Insurance Fraud Defense
- First-Time Offenders Defense
- White Collar Crime Defense
- Homicide Defense
- Grand Theft Defense
- Organized Crime Defense
Florida law referenced: § 817.234, Florida Statutes (2025).
Last updated November 8, 2026. This page provides general information about Florida law and is not legal advice. Every case is different. Laws change, so contact an attorney about your specific situation.