Florida Home Insurance Claim Fraud Defense Lawyer

Defending Your Freedom Against Home Insurance Fraud Allegations in Florida 

As Florida criminal defense attorneys, we’ve seen firsthand how quickly a homeowner can go from filing a legitimate claim to being accused of fraud. These cases are serious. A conviction can not only lead to prison time and financial penalties, but it can also destroy your future opportunities, housing, and reputation. New statutory amendments have made the consequences for insurance fraud even harsher in Florida. That’s why having a private defense lawyer with the experience and resources to stand up against prosecutors is no longer optional, it’s essential.

We know the tactics state attorneys use. We know how the insurance companies report suspected fraud. And we know how to attack weak or circumstantial evidence before it destroys your life.

Understanding Florida’s Insurance Fraud Statute

Florida Statute § 817.234 governs insurance fraud, including claims involving property damage from hurricanes, floods, fires, and pipe bursts. This law prohibits knowingly submitting false, incomplete, or misleading information in support of a claim.

Here is the statute text from § 817.234(1)(a):

“Any person who, with the intent to injure, defraud, or deceive any insurer, prepares, presents, or causes to be presented any written or oral statement as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such claim, commits a felony of the third degree.”

The penalties vary based on the amount involved:

• Under $20,000: Third-degree felony, punishable by up to 5 years in prison.
• $20,000 to $100,000: Second-degree felony, up to 15 years.
• Over $100,000: First-degree felony, up to 30 years.

As of July 1, 2025, Florida amended § 817.234 to include stricter sentencing guidelines and new triggers for upward departures under Fla. Stat. § 921.0024. If the state proves a “pattern” of fraudulent claims or collusion with contractors or public adjusters, the judge may impose an enhanced sentence beyond the standard guidelines.

How the July 2025 Enhancements Changed Florida Insurance Fraud Prosecutions

The Florida Legislature passed Senate Bill 1024 in 2025 in response to a rise in fraudulent roof and water damage claims, especially in hurricane-prone counties. Effective July 1, 2025, this law:

• Requires mandatory minimum prison terms of 21 months for convictions involving claims over $50,000.
• Adds criminal liability for knowingly signing fraudulent “assignment of benefits” contracts with contractors.
• Expands the statute of limitations to 5 years from the date of discovery instead of the date of the alleged act.

That means even years after a claim is closed, investigators can still charge you if they find something they believe to be false or misleading. These retroactive reviews are often biased and based on opinions, not facts.

Common Scenarios That Lead to Home Insurance Fraud Charges

You don’t have to outright lie to face prosecution. In our experience, many of our clients were charged simply because they didn’t report damage “exactly” as the insurance adjuster expected, or because they relied on a contractor who exaggerated the estimate. Here are some examples of what prosecutors often allege:

• Inflating the cost of roof repairs
• Reporting old damage as storm-related
• Hiring a public adjuster who submits a padded invoice
• Signing an “assignment of benefits” without understanding the details
• Submitting altered photos to support the claim

These actions may seem harmless or even unintentional, but prosecutors often try to paint them as intentional fraud. That’s why you need us involved early, to shape the facts and narrative before the state does.

Real Case Example: False Roofing Invoice Charge Dismissed

We represented a homeowner in Central Florida who was accused of insurance fraud after submitting a claim for storm damage to their roof. The insurer claimed the damage was “pre-existing” and alleged the contractor’s invoice had been doctored. Our client was facing a second-degree felony because the claim was over $30,000.

We got to work immediately. We hired a structural engineer to assess the roof, and the report contradicted the insurer’s timeline. We subpoenaed the contractor’s digital files to prove that the invoice had not been altered. More importantly, we demonstrated that our client relied on the contractor in good faith and had no intent to deceive anyone.

The result? The State Attorney’s Office dismissed the charge before trial. Our client avoided prison, a felony record, and the loss of their job and home.

This case is one of many where having a private criminal defense attorney made the difference between freedom and a felony conviction.

Why Intent Is the Key and Why Prosecutors Often Get It Wrong

To convict you of insurance fraud, the state must prove beyond a reasonable doubt that you acted with intent to deceive. That’s a high burden. Many homeowners don’t understand the fine print in insurance policies, and even fewer have the expertise to dispute a contractor’s estimate. Yet prosecutors will try to argue that a mistake or reliance on another person was really fraud.

This is where we focus our defense. We dissect every part of the record, emails, texts, inspection reports, contractor agreements, and show the lack of intent. We challenge every assumption, expose weak conclusions, and force the state to prove each element.

The Role of the Insurance Company and Public Adjusters

Most insurance fraud prosecutions begin with a referral from the insurance company to the Florida Division of Investigative and Forensic Services. If you’ve had any disagreement with your insurer, and especially if you filed a supplemental claim, you’re at risk. The insurer has financial incentives to reduce or deny claims, and these investigations can be one-sided.

Public adjusters, contractors, and roofing companies can also become co-defendants or unindicted co-conspirators. If their paperwork is flawed, the state might try to tie you to their conduct. That’s why it’s so important to have a lawyer who can separate your actions from others and present a clear defense grounded in fact.

Florida’s Pattern Offense Provision and Sentence Enhancements

Under Fla. Stat. § 921.0024(2), if the state alleges a “pattern of criminal conduct,” your sentencing score can increase dramatically. This can happen if the prosecutor claims you filed multiple insurance claims over time, even if they were years apart or involved different properties.

The statute reads:

“A pattern of criminal conduct exists where the offender engages in three or more offenses that are temporally or factually linked, indicating an ongoing scheme to defraud.”

We often challenge these assertions by attacking the factual connections. The mere presence of multiple claims does not establish a pattern. Our strategy is to isolate each event and argue its legitimacy, undermining the theory of a broader scheme.

Why You Shouldn’t Rely on a Public Defender in Insurance Fraud Cases

Insurance fraud cases are complex. They involve contract law, civil claim handling procedures, forensic evidence, digital records, and state agency reports. Public defenders are often excellent lawyers, but they’re overwhelmed, under-resourced, and rarely have access to the kind of expert witnesses we routinely retain in these cases.

We treat every case as trial-ready from day one. We use retired claims adjusters, certified building inspectors, digital forensics professionals, and former prosecutors to dismantle the state’s case from every angle. That level of defense simply isn’t available unless you hire a private criminal defense firm like ours.

Defenses We Use in Florida Home Insurance Fraud Cases

Here are the most effective defenses we’ve used across Florida:

1. Lack of Intent: We argue the homeowner did not intend to deceive. Honest mistakes, reliance on others, or confusion about coverage are not crimes.

2. Contractor Misconduct: If a contractor or adjuster inflated figures or submitted altered documents without your knowledge, we show you had no involvement.

3. Incomplete Investigations: We expose when the state fails to interview critical witnesses or ignores evidence favorable to our client.

4. Improper Chain of Custody: We challenge the handling of digital photos or forensic reports if there’s any break in the evidentiary chain.

5. Statutory Ambiguity: We sometimes argue that vague contract terms or unclear policy language caused the misunderstanding, not criminal conduct.

When appropriate, we also use pretrial diversion, plea mitigation, or aggressive motion practice to resolve the case before trial. But when trial is necessary, we’re prepared.

Call Us Before You Speak to the State

Many clients contact us after they’ve already spoken with an investigator or handed over documents. That’s often a mistake. Even if you believe you’ve done nothing wrong, your statements can be used against you.

We always recommend having counsel present before any interview or disclosure. Once we’re retained, all communications go through us, giving you a layer of protection and peace of mind.

If you’re being investigated or have already been charged with insurance fraud related to a home insurance claim in Florida, the time to act is now. The new laws that took effect on July 1, 2025, have made these cases more aggressive and the penalties more severe.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs About Florida Home Insurance Fraud Defense

What happens if my contractor submitted false documents and I didn’t know?

If the contractor submitted misleading or inflated invoices without your knowledge, that may be a valid defense. We’ve had success showing that our client was unaware of any misconduct and relied in good faith on the contractor’s representations. Intent is the key factor in insurance fraud cases, and if you had no intent to mislead the insurer, you should not be held responsible.

Can I still be charged if the insurance company approved my claim?

Yes, you can. The insurance company might later review the file and refer it to the state even after they initially paid the claim. We’ve seen situations where internal audits triggered fraud referrals years after a claim was closed. The 2025 changes expanded the statute of limitations, allowing the state more time to bring charges. That’s why you need a lawyer who can defend your actions at every stage.

Is it a crime to overestimate the value of the damage?

Not necessarily. Estimating damage is often subjective, and homeowners typically rely on contractors or adjusters for these figures. Unless the state can prove you knew the number was false and submitted it to deceive the insurer, overestimation alone does not equal fraud. We challenge the evidence to show there was no intent.

Will hiring a lawyer make me look guilty?

Absolutely not. Hiring a lawyer protects your rights and gives you a chance to present your side of the story. Prosecutors expect you to have legal representation. It’s not only your right, it’s smart. We’ve avoided charges entirely in many cases simply by intervening early and presenting facts that the investigator missed.

How soon should I hire a defense attorney if I’m under investigation?

Immediately. Investigators may try to get you to talk without a lawyer, hoping you’ll say something they can use against you later. Once you have us on your side, we control the flow of information and protect your legal rights. Acting early gives us more time to preserve evidence, prepare defenses, and possibly prevent charges from being filed.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you’re being investigated or have already been charged with insurance fraud related to a home insurance claim in Florida, the time to act is now. The new laws that took effect on July 1, 2025, have made these cases more aggressive and the penalties more severe.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.