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The Florida Senate

2005 Florida Statutes

Section 943.401, Florida Statutes 2005

943.401  Public assistance fraud.--

(1)(a)  The Department of Law Enforcement shall investigate public assistance made under the provisions of chapter 409 or chapter 414. In the course of such investigation the Department of Law Enforcement shall examine all records, including electronic benefits transfer records and make inquiry of all persons who may have knowledge as to any irregularity incidental to the disbursement of public moneys, food stamps, or other items or benefits authorizations to recipients.

(b)  All public assistance recipients, as a condition precedent to qualification for assistance under the provisions of chapter 409 or chapter 414, shall first give in writing, to the Agency for Health Care Administration, the Department of Health, and the Department of Children and Family Services, as appropriate, and to the Department of Law Enforcement, consent to make inquiry of past or present employers and records, financial or otherwise.

(2)  In the conduct of such investigation the Department of Law Enforcement may employ persons having such qualifications as are useful in the performance of this duty.

(3)  The results of such investigation shall be reported by the Department of Law Enforcement to the appropriate legislative committees, the Agency for Health Care Administration, the Department of Health, and the Department of Children and Family Services, and to such others as the Department of Law Enforcement may determine.

(4)  The Department of Health and the Department of Children and Family Services shall report to the Department of Law Enforcement the final disposition of all cases wherein action has been taken pursuant to s. 414.39, based upon information furnished by the Department of Law Enforcement.

(5)  All lawful fees and expenses of officers and witnesses, expenses incident to taking testimony and transcripts of testimony and proceedings are a proper charge to the Department of Law Enforcement.

(6)  The provisions of this section shall be liberally construed in order to carry out effectively the purposes of this section in the interest of protecting public moneys and other public property.

History.--s. 1, ch. 72-387; s. 1, ch. 77-147; s. 3, ch. 92-125; s. 23, ch. 95-147; s. 49, ch. 96-175; s. 1, ch. 99-8; s. 5, ch. 99-333.

Note.--Former s. 11.50.