Category: Drug Offenses · Statute: F.S. 893.13(7) · Source: Florida Legislature
Understanding Prescription Fraud in Florida
In Florida, prescription fraud is a serious drug offense prosecuted under Florida Statute Section 893.13(7)(a)9. This charge arises when an individual acquires or attempts to acquire a controlled substance—such as oxycodone, hydrocodone, Xanax, or Adderall—through deception, forgery, misrepresentation, or subterfuge. Common scenarios include altering a legitimate doctor’s prescription pad, creating entirely counterfeit prescriptions, using another person’s identity to obtain medication, or pretending to be a medical professional to call in a prescription to a pharmacy.
A frequent form of prescription fraud in Florida is "doctor shopping." Under Florida law, this occurs when a patient fails to disclose to a practitioner that they have received a prescription for a controlled substance of a similar therapeutic use from another practitioner within the last 30 days. Florida’s Prescription Drug Monitoring Program (E-FORCSE) allows pharmacists and physicians to track controlled substance prescriptions in real-time, making it highly likely that suspected fraud or doctor shopping is flagged immediately, often leading to an arrest directly at the pharmacy counter.
Prescription Fraud and Florida Bail
Because prescription fraud is classified as a third-degree felony in Florida, individuals arrested for this offense face a standard bond amount set by local county bond schedules, allowing them to secure release shortly after booking. However, if the fraud involved a high volume of pills, prosecutors may argue the offense constitutes trafficking under Florida Statute Section 893.135, which carries mandatory minimum prison sentences and significantly higher, sometimes unobtainable, bail amounts. For standard prescription fraud charges, judges frequently impose pretrial release conditions such as mandatory drug testing, substance abuse evaluations, or a strict prohibition on visiting pharmacies except to fill verified, non-controlled prescriptions.