Prescription Fraud Florida

Prescription Fraud in Florida

Prescription fraud is a serious criminal offense in Florida prosecuted under Chapter 893 of the Florida Statutes and related fraud provisions. These cases typically involve allegations of obtaining controlled substances through deception, altering or forging prescriptions, doctor shopping, or misrepresenting medical information to acquire prescription medication. Because many prescription medications are classified as controlled substances, prescription fraud cases frequently result in felony charges.

Attorney Jason Goldsmith represents individuals charged with prescription fraud and related drug offenses throughout the State of Florida. As a former Broward County prosecutor, Mr. Goldsmith handled controlled substance cases and understands how law enforcement agencies build fraud-based narcotics prosecutions, how Prescription Drug Monitoring Program (PDMP) data is used, and how sentencing exposure is evaluated under Florida’s Criminal Punishment Code.

Florida Statutory Framework for Prescription Fraud

Florida Statute 893.13 makes it unlawful to obtain or attempt to obtain a controlled substance by fraud, forgery, misrepresentation, or deception. In many cases, prescription fraud is charged as a third-degree felony, punishable by up to five years in state prison, five years of probation, and a $5,000 fine. Additional charges such as uttering a forged instrument or insurance fraud may apply depending on the facts.

Because many prescription medications — including oxycodone, hydrocodone, Adderall, Xanax, and other opioids or stimulants — are Schedule II or Schedule IV substances, allegations involving these medications can carry significant criminal exposure.

Common Types of Prescription Fraud Allegations

Prescription fraud cases commonly involve allegations such as forging a physician’s signature, altering dosage amounts, calling in fraudulent prescriptions, using false identification, or obtaining multiple prescriptions from different doctors without disclosure — a practice often referred to as doctor shopping.

Law enforcement agencies frequently rely on PDMP databases to identify patterns of multiple prescriptions filled at different pharmacies. These data-driven investigations often trigger criminal charges.

Doctor Shopping and the PDMP

Florida’s Prescription Drug Monitoring Program tracks controlled substance prescriptions statewide. Prosecutors may allege that a patient intentionally failed to disclose prior prescriptions when seeking medication from multiple providers. The State must prove that any alleged nondisclosure was intentional and fraudulent.

Medical misunderstandings, recordkeeping errors, or miscommunication between providers may be relevant in defending these cases.

Elements the State Must Prove

To convict a defendant of prescription fraud, prosecutors must prove beyond a reasonable doubt that the defendant knowingly and intentionally obtained or attempted to obtain a controlled substance through fraudulent means. Intent is a central issue in these prosecutions.

Accidental nondisclosure or clerical errors may not satisfy the required intent element.

Related Charges: Forgery and Insurance Fraud

In some cases, prescription fraud allegations are accompanied by additional charges such as forgery, uttering a forged instrument, or insurance fraud. These charges may increase sentencing exposure and complicate defense strategy.

Each additional count carries its own statutory elements and potential penalties.

Sentencing Exposure and Criminal Punishment Code Scoring

Prescription fraud charged as a third-degree felony carries up to five years in prison. Florida’s Criminal Punishment Code assigns points based on the primary offense and prior criminal history. If the total points exceed statutory thresholds, prison may be legally permissible.

Sentencing outcomes depend on prior record, mitigating circumstances, and judicial discretion.

Collateral Consequences of a Prescription Fraud Conviction

A conviction for prescription fraud can affect employment, professional licensing, housing opportunities, financial aid eligibility, immigration status, and firearm rights. For healthcare professionals, disciplinary proceedings before licensing boards may follow a criminal conviction.

Sealing and Expungement Considerations

If adjudication is withheld and eligibility requirements are met, sealing may be possible. If adjudicated guilty of a felony fraud offense, sealing is generally unavailable.

Defense Strategies in Prescription Fraud Cases

Defense strategies may involve challenging intent, disputing PDMP interpretations, examining medical documentation, questioning handwriting analysis, or contesting alleged misrepresentations.

As a former prosecutor, Jason Goldsmith understands how prescription fraud cases are evaluated internally and how weaknesses in documentation or intent proof may influence negotiations.

Frequently Asked Questions About Prescription Fraud in Florida

What is considered prescription fraud in Florida?

Prescription fraud involves obtaining or attempting to obtain controlled substances through deception, misrepresentation, forgery, or nondisclosure. Each case depends on specific factual allegations.

Is doctor shopping a felony?

Doctor shopping may be charged as a felony if prosecutors allege intentional nondisclosure or fraud in obtaining controlled substances.

Can PDMP records alone support a conviction?

PDMP records may support an investigation, but the State must still prove fraudulent intent beyond a reasonable doubt.

Will I go to prison for prescription fraud?

Prison is legally authorized for felony prescription fraud, but sentencing depends on prior history and Criminal Punishment Code scoring.

Can healthcare professionals lose their licenses?

Yes. Professional licensing boards may initiate disciplinary proceedings following a conviction.

Can prescription fraud charges be reduced?

In some cases, negotiations may result in reduced charges depending on evidentiary strength and prior record.

Does prescription fraud affect immigration status?

Drug-related fraud convictions may have serious immigration consequences under federal law.

How does a former prosecutor help in these cases?

Understanding how prosecutors evaluate documentation, PDMP data, and intent evidence can inform defense strategy.

Statewide Defense for Prescription Fraud Charges

Attorney Jason Goldsmith represents individuals charged with prescription fraud and related drug offenses throughout Florida. The main office is located in Broward County, Florida.

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Legal Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. For advice regarding your specific situation, consult a qualified criminal defense attorney.