Short answer: According to Fla. Stat. 817.234, knowingly presenting a false, incomplete, or misleading statement in an insurance claim or application with intent to defraud is a felony. The degree scales with value: less than $20,000 is a third-degree felony, $20,000 to $99,999 is a second-degree felony, and $100,000 or more is a first-degree felony. It also prohibits a contractor from waiving your insurance deductible.
What does Florida Statute 817.234 do?
Fla. Stat. 817.234, "False and fraudulent insurance claims," is the criminal insurance-fraud statute. It is not a claims-adjusting rule, it is why a claim has to be built on accurate documentation. Understanding it protects honest policyholders from crossing a line that carriers and prosecutors take seriously.
What conduct is prohibited?
The statute criminalizes knowingly presenting, or preparing with knowledge or belief that it will be presented, any false, incomplete, or misleading statement in support of an insurance claim or application, made with intent to defraud. Related prohibitions include:
- Billing for services not rendered or inflating amounts while waiving deductibles.
- A contractor knowingly and willfully paying or waiving all or part of an insurance deductible with intent to defraud.
- Providers or professionals knowingly assisting a fraudulent claim.
How are the penalties graded?
The felony degree scales with the value of the property or the claim:
| Value involved | Offense level |
|---|---|
| Less than $20,000 | Felony of the third degree |
| $20,000 to $99,999 | Felony of the second degree |
| $100,000 or more | Felony of the first degree |
Why this matters to an honest claim
Most policyholders never intend fraud, but they can be exposed to it by someone else's shortcut, most commonly a contractor who offers to "cover the deductible" and then inflates the estimate to recover it. That is the exact conduct 817.234 and Fla. Stat. 489.147 target, and the homeowner can be the one left holding the risk. The defense is simple: document the real scope, at real pricing, and pay your real deductible.
How does Ocean Point work within this statute?
We build every claim to the documented scope at supportable pricing, which is both how you recover the full value your policy owes and how you stay clearly on the right side of 817.234. When a carrier alleges fraud to pressure a withdrawal, we separate an aggressive denial tactic from an actual, provable misstatement, and we keep the file accurate so the allegation does not stick. This is general information, not legal advice.