20.8 WELFARE FRAUD - ADMINISTRAT OR FAILURE TO DISCLOSE 414.39(3), Fla. Stat. To prove the crime of [crime charged], the State must prove the following three elements: 1. [Name of defendant] had duties in the administration of a state or federally funded assistance program. 2. [Name of defendant] knew that someone had misappropriated, attempted to misappropriate or aided or abetted another in the misappropriation of assistance or an identification card for assistance, and 3. [Name of defendant] failed to disclose this fraudulent activity. DEFINITIONS: 1. Fraudulently means purposely or intentionally suppressing the truth and/or perpetrating a deception. 2. An attempt to commit a crime is the formation of intent to commit that crime and the doing of some act toward the commission of the crime other than mere preparation to commit the crime. It is not a defense that the defendant repaid the assistance or services obtained.