Florida’s Prescription Fraud Offenses

Florida is cracking down on prescription fraud. In an attempt to decrease the number of Floridians who treat with several physicians to obtain the same prescriptions, police are making more and more arrests for violations of Florida Statutes Section 893.13(7) (a) (8), which makes it a felony for a person to treat with more than one physician to obtain the same medication before a prescription refill is permitted.

Multiple Florida statutes, in fact, have been enacted over the years to attempt to halt fraud relating to prescription drugs. As is reported every day, Florida law enforcement is making the curbing of such fraud a priority. Florida’s Comprehensive Drug Abuse Prevention and Control Act makes it is a 3rd degree felony (up to 5 years in prison and a $5,000 fine for a first offense) for one to obtain, or attempt to obtain, prescription drugs by fraud, forgery, or misrepresentation. The actual offense of prescription fraud is a crime of intent and action rather than one of possession. Commonly, prescription fraud is charged in addition to the possession offense.

Florida prosecutors, therefore, must prove that there was no Florida-licensed doctor on a prescription or that the doctor’s signature is forged or that the defendant misrepresented to the doctor the reason for the prescription. For example, the State may charge Defendant Doe, if the evidence shows that Defendant Doe lied to his doctor that he lost his prescription or that the prescription was stolen.

The Act further makes it a 1st degree misdemeanor for a defendant to possess a prescription that has not been signed by a Florida-licensed doctor. There are some exceptions for the doctor himself or herself, or an agent thereof, or a pharmacist or a supplier of the prescription pads. As touched on above, the prosecutor must prove beyond a reasonable doubt that the defendant had the intent to commit the crime – knew that the prescription was indeed phony.

The Comprehensive Drug Abuse Prevention and Control Act makes is a felony of the 3rd degree for a defendant to keep information from the doctor – for example, that he or she had the same type prescription written by another doctor within a month.

The problem we often see, from teenagers to senior citizens, is that those most often charged have genuine prescription pill addiction problems and need help as the addiction itself is a sickness. You may remember that years ago, even former Governor Jeb Bush’s daughter was arrested for prescription fraud.  Most of the time, the addiction does not start from using the prescriptions to get high, but from a legitimate injury or severe illness.

If you are charged with a prescription fraud offense it is critical that you speak with an attorney before speaking with anyone else, including law enforcement.
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Timothy C. Nies leads a firm's personal injury, maritime injury, civil litigation, and commercial litigation practice groups. He has spent the past 10 years, first defending well-funded insurance companies and large corporations in complex personal injury cases. If you you are looking for Stuart Criminal Lawyer, talk to Prescription Fraud Defense attorneys at Law Offices of Van Riper and Nies Attorneys today!