Reemployment Assistance fraud is a 3rd degree felony.
Each offense is punishable by:
Up to 5 years in prison and
Up to $5,000 fine
FRAUD HOTLINE: 800-342-9909
Reemployment Assistance Fraud
Reemployment Assistance Fraud is any false statement or failure to disclose a material fact, knowingly made for the purpose of obtaining or preventing payment of benefits contrary to the provisions of the Reemployment Assistance law. For example, a claimant may intentionally not report any wages that may have been earned; may have been intentionally under reported earnings; or may have misrepresented the reason for job separation.
Reemployment Assistance Fraud is a third degree felony and can result in jail time for the claimant. When a fraud determination is issued, in addition to being required to repay the overpayment, the claimant will be disqualified from receiving future benefits (a disqualification can be imposed on a week by week basis up to a one year period), and have the case referred to the State Attorney for prosecution. State Attorneys may charge the claimant with grand theft or a misdemeanor.
Prosecution and conviction of reemployment assistance fraud may result in the claimant being required to serve jail time, make restitution, be placed on probation or some type of pretrial intervention, and serve community hours.
Benefit Payment Control associates have the responsibility to establish intent when determining a claim to be fraudulent. Intent is especially important if the case is to be referred for prosecution. Circumstantial evidence may be used in making the decision.
Report Reemployment Assistance Fraud Online
Report reemployment assistance fraud online or you may also report fraud through the reemployment assistance fraud hotline 1-800-342-9909.
Nonfraud overpayments may be the result of an oversight, misunderstanding, technical errors, redetermination, adjudication, appeals decisions, RAAC orders and/or court decisions, or other mitigating circumstances. For example, a nonfraud overpayment might be created because a claimant failed to report wages, or did not understand that wages were to be reported when earned, not when paid; or failed to report gross earnings instead of net.
Report overpayments to the Benefit Payment Control unit. Click here for information on repaying your overpayments.
Benefit Payment Control Overview
Function and Purpose of Benefits Payment Control
The function of the Benefit Payment Control Section is to monitor the payment of reemployment benefits in an effort to detect, determine, collect, and deter the overpayment of reemployment assistance benefits for the purpose of protecting the program, the administering agency, and recipients of reemployment benefits. Special attention is given to the prevention of fraud as the best method of controlling the payment of unauthorized benefits.
Benefit Payment Control Units
There are three units with Benefit Payment Control.
- The Audit Unit: The Audit Unit is responsible for handling the Intrastate (in Florida) and Interstate (out of state) wage credit post audits, overpayments detected by other in-house units, special program audits, and appeals. The Audit Unit also handles all incoming mail including the entry of all payments submitted in order to repay reemployment assistance overpayments.
- New Hire Unit: The New Hire Unit is responsible for handling new hire re-employment issues. The 1994 Florida legislature enacted laws providing the accelerated reporting of new hire by employers liable under Chapter 409.2576, F. S. Starting October 1, 1998, all employers in the country, regardless of size, must provide information on newly hired or re-hired employees to a designated state agency. In Florida, employers send Florida New Hire information to the Department of Revenue. The New Hire Unit’s responsibility is to investigate, determine, and issue nonmonetary determinations and overpayment determinations on issues raised as a result of the new hire information. The most common issues that are investigated are fully employed, partially employed, quits, discharges, able and available for work, job refusals, and suitability of work. Employer protests are also handled in the New Hire Unit.
- Recovery Unit: The Recovery Unit is responsible for the investigation of alleged fraud activities connected to the receipt of reemployment benefits both internally and externally (this includes investigations of alleged fraud activities by claimants, employers, and employees). The unit also evaluates and investigates information received by phone or email called hot line tips. The unit initiates actions necessary to detect fraudulent actions, gathering, and evaluating evidence. This unit also handles prosecution of reemployment fraud through State Attorney and Small Claims Court action.