BUSINESS LAW 101 / Other frauds

By Albert L. Kelley, Esq.

Falsely reporting that a crime had been committed when it had not is a first-degree misdemeanor.

Anyone giving false information to obtain medical services, including giving a false name, address, or insurer, or claims of catching a communicable disease is guilty of a third-degree felony. 

If a health care provider enters into a referral program whereby they pay a fee to a person for referring patients, both the health care provider and the referring party are guilty of crimes.  If the referral is for less than 10 patients, the crime is a third-degree felony; for 10-19 patients it is a second-degree felony; for 20 or more patients it is a first-degree felony.  

Obtaining groceries without paying for then is a second-degree misdemeanor.

Failing to return a rental vehicle on time is a third-degree felony. If you tamper with the odometer of a rented vehicle it is a second-degree misdemeanor. And if you sublease a leased vehicle, it is a third-degree felony.

There are a few statutes regarding fraud and real property.  If a person files a document with any false statement regarding the ownership of real property with intent to defraud or harass the owner of the real property, it is a third-degree felony.  A second violation increases the penalty to a second-degree felony. However, if the owner of the real property is a public employee, including a candidate for office, the charge increases one level.  In addition, if the real property owner incurs any financial loss based on the filing, the penalties increase one level. Similarly, if a property owner makes any material false statement during the mortgage lending process, it is a third-degree felony.  This applies even if the person has another person complete the forms for them. 

Tourism has fraud laws as well.  The operator of a tourist attraction cannot use the words “free” or “free admission” falsely.  In addition, no company offering tours or travel related services can make false statements about those services.  Violations are second-degree misdemeanors. Interestingly, it is also a second-degree misdemeanor for a person to seek employment with a tour or travel related business by making false claims as to their qualifications.

Selling an item that is used as security for a debt, without paying off the debt is a third-degree felony.

Even criminal activity can be defrauded.  It is a third-degree felony to offer to illegally sell someone a controlled substance, and then to instead sell them some other substance.  It is also a third-degree felony to possess or sell an item that looks like a controlled substance but is not. On a related note, it is also illegal to try to defraud a urine test or to sell, manufacture or possess any substance or device to falsify the results of a urine test.

A person who misrepresents their college education is guilty of a first-degree misdemeanor.

If a person uses another person’s personal information (name, address, phone number, social security number, etc., without their consent to obtain goods or services, it is a third-degree felony. If the amount they received (or debt they avoided) is between $5000 and $50,000, or if their action affected between 10 and 19 people, the charge increases to a second-degree felony. If the amount is above $50,000 or they defraud over 20 people, the charge increases to a first-degree felony. If they merely possess the personal information of up to four persons (specially information such as social security numbers, driver’s license numbers or credit card numbers) it is a first-degree misdemeanor; if five or more people it is a third-degree felony.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University.  He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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