Florida Senate - 2012                                     SB 996
       
       
       
       By Senator Dean
       
       
       
       
       3-00840-12                                             2012996__
    1                        A bill to be entitled                      
    2         An act relating to property fraud; creating s.
    3         817.535, F.S.; providing that a person who, with
    4         intent to defraud another, knowingly files or causes
    5         to be filed with the clerk of the circuit court a
    6         document relating to the ownership, transfer, or
    7         encumbrance of or claim against real or personal
    8         property, or any interest in real or personal, which
    9         contains a material misstatement, misrepresentation,
   10         or omission of fact commits the offense of fraudulent
   11         creation of an interest in real or personal property;
   12         providing criminal penalties; providing an effective
   13         date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 817.535, Florida Statutes, is created to
   18  read:
   19         817.535 Fraudulent creation of interest in real or personal
   20  property.—
   21         (1) A person who, with intent to defraud another, knowingly
   22  files or causes to be filed with the clerk of the circuit court
   23  for any county of this state a document, including, but not
   24  limited to, a deed, lease, bill of sale, agreement, mortgage,
   25  notice or claim of lien, notice of levy, or any other instrument
   26  that relates to the ownership, transfer, or encumbrance of or
   27  claim against real or personal property, or any interest in real
   28  or personal property, and that contains a material misstatement,
   29  misrepresentation, or omission of fact, commits the offense of
   30  fraudulent creation of an interest in real or personal property.
   31         (2) A person who violates subsection (1) commits a felony
   32  of the third degree, punishable as provided in s. 775.082, s.
   33  775.083, or s. 775.084.
   34         Section 2. This act shall take effect October 1, 2012.