Petit Theft/Retail Theft
Grand Theft/Grand Theft Auto
Robbery
Other Theft Crimes
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.
The material on this page is not intended to be legal advice.
Florida criminal law is continually changing therefore some of the
provisions contained here may be out of date. It is always best to
consult a Florida criminal defense lawyer about your legal rights
and responsibilities regarding your particular case.
Consult With an Experienced Orlando Criminal Defense Lawyer
The facts of every theft case are different and if convicted you
could face jail or prison time. Because of this and other
complexities in handling these types of cases it is vitally
important that you obtain representation from a lawyer experienced
in defending, not prosecuting
these types of crimes.
If you have been
arrested and charged with petit theft, grand theft, robbery or any
other theft related offense contact Orlando criminal defense lawyer
Will Corzo or Sam
Kohrs. Call toll free
877-99CK-LAW for a free
consultation and explanation of your rights.