What is the statute of limitation for unemployment fraud in Florida? It is 3rd degree felony,seem like 3 years? or 5 years?

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775.15 also adds: "Any offense, a material element of which is either fraud or a breach of fiduciary obligation, within 1 year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than 3 years.", What does this mean? Does it mean it could be extended for another 3 years for it to be 6 years? Please advise.

Attorney Answers

3
Alberto Quirantes ·
Very good question, because the way the statute of limitations is described in the law, it appears confusing. However, since you are referring to insurance fraud, there is a special exception within the statute. It will be illustrated below. Normally, a third-degree felony has a statute of limitations of three years. However, an insurance fraud third-degree felony has a special category of statute of limitations, and it carries a five year plus another three year, recapture period exception. The Insurance fraud statute of limitation is five years. However, if a particular fraud is not discovered until after the five years have run, the statute is extended by one year. But the law says this does not run indefinitely. Even if the instance of insurance fraud is discovered after the five-year limitation, and that one year extension applies, it can never be extended beyond the additional three years. Thus, the answer to your question is that the statute of limitations on an insurance fraud runs in five years, but it can be extended by up to a maximum of three more years if the fraud is discovered after that five years. See below: Florida Statute 775.15 (11) A prosecution for a felony violation of ss. 440.105 and 817.234 must be commenced within 5 years after the violation is committed. (12) If the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired, a prosecution may nevertheless be commenced for: (a) Any offense, a material element of which is either fraud or a breach of fiduciary obligation, within 1 year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than 3 years.
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Michael Haber ·
Mr. Quirantes gave you a solid answer. I will only add that you may wish to take a look at my Legal Guide on speedy trial and statute of limitations issues in Florida. It contains a great deal of information and may be helpful to you. (see: http://www.attorneyqna.com/legal-guides/ugc/speedy-trial-and-the-statute-of-limitations-in-florida-courts ). I hope that this has been helpful and wish you the best of luck!
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Robert Degroot ·
I agree with Quirantes and Haber. Unemployment fraud would most likely be a form of insurance fraud.
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