Florida Senate - 2008 CS for SB 1116
By the Committee on Community Affairs; and Senators Margolis, Posey and Fasano
578-04546-08 20081116c1
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A bill to be entitled
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An act relating to mortgage fraud; creating s. 193.133,
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F.S.; requiring law enforcement agencies to notify
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property appraisers of incidents of mortgage fraud;
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authorizing property appraisers to reconsider property
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assessments under certain circumstances; amending s.
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817.545, F.S.; increasing penalties for certain types of
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mortgage fraud; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 193.133, Florida Statutes, is created to
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read:
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193.133 Effect of mortgage fraud on property assessments.--
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(1) Upon the finding of probable cause of any person for
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the crime of mortgage fraud, as defined in s. 817.545 or any
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other fraud involving real property which may have artificially
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inflated or could artificially inflate the value of property
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affected by the fraud, the arresting agency shall promptly notify
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the property appraiser of the county in which the property or
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properties are located of the nature of the alleged fraud and the
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property or properties affected. If notification as required in
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this section would jeopardize or negatively affect a continuing
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investigation, notification may be delayed until such time as
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notice may be made without such affect.
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(2) The property appraiser may adjust the assessment of any
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affected real property.
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(3) Upon a conviction of fraud as defined in subsection
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(1), the property appraiser of the county in which the property
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or properties are located shall, if necessary, reassess the
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property or properties affected by the fraud.
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Section 2. Subsection (5) of section 817.545, Florida
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Statutes, is amended to read:
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817.545 Mortgage fraud.--
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(5)(a) Any person who violates subsection (2) commits a
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felony of the third degree, punishable as provided in s. 775.082,
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(b) Any person who violates subsection (2) commits a felony
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of the second degree, punishable as provided in s. 775.082, s.
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used in the mortgage lending process exceeds $100,000.
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Section 3. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.