Frequently Asked Questions

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 Unemployment Compensation law. For example, a claimant may intentionally not report any wages that may have earned; may have intentionally under reported earnings; or may have misrepresented the reason for job separation.

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.

Unemployment Compensation Fraud is a 3rd 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 unemployment compensation 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. 

You can report potential unemployment compensation fraud by completing an online form.  You may also report fraud by calling the Unemployment Compensation Fraud Hotline toll-free at 1-800-342-9909 or by submitting the information in writing to:

Benefit Payment Control
P.O. Drawer 5150
Tallahassee, FL 32314-5150

Please provide as much information as possible when reporting fraud so that we are able to fully investigate the claim.

You are not required to provide your name when providing possible fraud. If you would permit us to contact you concerning the tip, please include your name and a telephone number.

• Making false statements that may alter or increase benefits, or
• Withholding information that may alter or increase benefits, or
• Failing to report work in order to obtain or increase benefits, or
• Failing to report earnings in order to obtain or increase benefits.

If you commit unemployment compensation fraud, you face:

• Up to five years in prison per offense, AND
• Up to $5,000 fine per offense, AND
• Loss of future unemployment benefits, AND
• Repayment of all benefits to which you were not entitled.

1. Report all earnings

• Federal and state law require that you report all earnings before taxes are deducted, including wages earned from self-employment, while claiming unemployment compensation benefits.
• ALL earnings must be reported in the week between Sunday and Saturday that you earned them, even if you have not been paid.  

2. Report all work

• Federal and state law require that you report all work, including self-employment, while claiming unemployment compensation benefits.
• ALL work must be reported in the week between Sunday and Saturday that you worked, even if you have not been paid. 

• Keep track of the total hours you work each calendar week, Sunday through Saturday.
• Your hourly rate of pay times the total hours worked equals your gross pay, which is the amount you must report.
• You must report ALL earnings for the week you do the work, not the week you are paid.

The Department of Economic Opportunity has partnerships with the State and National Directories of New Hires that provide information regarding an individuals' employment status. In addition, benefit payments are compared to wage records reported by employers to the Florida Department of Revenue.  We also receive tips from the public and from employers in response to periodic notices the agency mails.

Employees in Florida do not pay into the Unemployment Compensation Trust Fund, which funds regular state unemployment compensation benefits. There are no deductions made from an employee's wages to finance this program. The program is entirely funded by taxes and reimbursements paid by the employers in Florida.

At the time you filed your unemployment compensation claim, you requested that a portion of your benefits be withheld from your weekly payments as federal withholding for income tax purposes. The funds withheld were sent to the federal government on your behalf. You must repay those funds since they represent benefits paid on your claim from the Unemployment Compensation Trust Fund.  The amount of benefits you were paid is also reported to the Internal Revenue Service and depending on your level of taxable income during a year you may receive the funds withheld from your unemployment benefits as a refund from the federal government.

If you are presently unemployed through no fault of your own, you may file an unemployment compensation claim and a determination will be made concerning your eligibility. If you are determined eligible, the weeks that you claim will be used to repay your overpayment first.  If you have benefits available on your claim once the overpayment is repaid, you may receive those benefits if you are still unemployed.

The check or money order should be made payable to the Unemployment Compensation Trust Fund and mailed to the address below:

Benefit Payment Control
P.O. Drawer 5050
Tallahassee, FL 32314-5050

Be sure to include your name and social security number with your payment.

Listed below are some of the actions available to the agency in order to collect outstanding overpayments.

• Unemployment Compensation fraud is a third degree felony. Fraud cases will be filed with the state attorney for possible prosecution.
• Non-fraud cases are filed in civil court and based on a judgment from the court the agency may garnish or attach your future wages.
• Your debt can be forwarded to the Department of Financial Service for collection by the collection agency under contract to the department.
• If you file a new unemployment compensation claim, each payable week will be used to repay the outstanding overpayment balance.

Lottery winnings are withheld to pay back an unemployment compensation overpayment. Additionally, the penalties for unemployment compensation fraud are covered under Florida Statutes 443.071 (1) and 443.101 (6). Below are the statutes:

UNEMPLOYMENT COMPENSATION

443.071 Penalties.

(1)   Any person who makes a false statement or representation, knowing it to be false, or knowingly fails to disclose a material fact to obtain or increase any benefits or other payment under this chapter or under an employment security law of any other state, of the Federal Government, or of a foreign government, either for herself or himself or for any other person, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each false statement or representation or failure to disclose a material fact constitutes a separate offense.

443.101 Disqualification for benefits.

(6)   For a period not to exceed 1 year from the date of the discovery by the Agency for Workforce Innovation of the making of any false or fraudulent representation for the purpose of obtaining benefits contrary to this chapter, constituting a violation under s. 443.071. This disqualification may be appealed in the same manner as any other disqualification imposed under this section. A conviction by any court of competent jurisdiction in this state of the offense prohibited or punished by s. 443.071 is conclusive upon the appeals referee and the commission of the making of the false or fraudulent representation for which disqualification is imposed under this section.

The monthly repayment amount is based on the total of the overpayment.  The amount agreed upon must reduce the amount of the overpayment to zero within a reasonable time.  It is recommended that you pay at least 10 percent of the total amount due each month.

To make monthly payments, mail a check or money order to the address below:

Benefit Payment Control
P.O. Drawer 5050
Tallahassee, FL 32314-5050

The check or money order should be made payable to the Unemployment Compensation Trust Fund and include your name and social security number.

If you are unable to pay the recommended monthly payment (10 percent of the total amount due), you may contact the department to discuss payment options.

The monthly repayment amount is based on the amount of the overpayment. The amount agreed upon must reduce the amount of the overpayment to zero within a reasonable time. It is recommended that you pay 10 percent of the total amount due each month.

If you are unable to pay the recommended monthly payment (10 percent of the amount due), you may contact the agency to discuss the payment options. The important thing is to pay something each month, no matter how small. As long as you are making consistent monthly payments, additional collection actions will not be taken.

The closing date for the statement is shown at the top of the statement. Any payments received after the closing date will be posted to the next month’s statement.

The department mailed a written notification of overpayment to the most current address on your claim. The determination advised you of the amount of the overpayment and provided instructions on how to pay back the debt. Monthly statements were also mailed to you. Either you must make an agreement with the department to repay the overpayment or the department will continue to seek a civil judgment against you holding you liable to repay the overpayment.

An “Acceptance of Service and Answer/ Stipulation for Entry of Conditional Judgment” form was mailed to you. You must complete and return the form before the pretrial hearing date. If the agreement is not received by that date, the department will continue to seek a civil judgment against you holding your liable to repay the overpayment.

When the form was sent to you, a preaddressed envelope was included for your convenience. If you have misplaced this envelope, your completed agreement should be mailed to:

Benefit Payment Control
P.O. Drawer 5150
Tallahassee, Fl 32314-5150

You will receive a copy of the form with an department representative's and the judge’s signature to prove receipt and acceptance of the agreement.

Yes. Since the case has been filed in civil court, you must return the completed form to show written proof of the amount you have agreed to repay each month until the debt is paid in full.

You are required to repay the department for the cost associated with filing the case in civil court.