CS/HB 743

1
A bill to be entitled
2An act relating to mortgage fraud; creating s. 193.133,
3F.S.; requiring law enforcement agencies to notify
4property appraisers of incidents of mortgage fraud under
5certain circumstances; authorizing property appraisers to
6adjust property assessments under certain circumstances;
7requiring property appraisers to reassess certain
8properties under certain circumstances; amending s.
9817.545, F.S.; providing an increased penalty for certain
10types of mortgage fraud; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 193.133, Florida Statutes, is created
15to read:
16     193.133  Effect of mortgage fraud on property
17assessments.--
18     (1)  Upon the finding of probable cause of any person for
19the crime of mortgage fraud, as defined in s. 817.545, or any
20other fraud involving real property that may have artificially
21inflated or could artificially inflate the value of property
22affected by such fraud, the arresting agency shall promptly
23notify the property appraiser of the county in which such
24property or properties are located of the nature of the alleged
25fraud and the property or properties affected. If notification
26as required in this section would jeopardize or negatively
27impact a continuing investigation, notification may be delayed
28until such time as notice may be made without such effect.
29     (2)  The property appraiser may adjust the assessment of
30any affected real property.
31     (3)  Upon a conviction of fraud as defined in subsection
32(1), the property appraiser of the county in which such property
33or properties are located shall, if necessary, reassess such
34property or properties affected by such fraud.
35     Section 2.  Subsection (5) of section 817.545, Florida
36Statutes, is amended to read:
37     817.545  Mortgage fraud.--
38     (2)  A person commits the offense of mortgage fraud if,
39with the intent to defraud, the person knowingly:
40     (a)  Makes any material misstatement, misrepresentation, or
41omission during the mortgage lending process with the intention
42that the misstatement, misrepresentation, or omission will be
43relied on by a mortgage lender, borrower, or any other person or
44entity involved in the mortgage lending process; however,
45omissions on a loan application regarding employment, income, or
46assets for a loan which does not require this information are
47not considered a material omission for purposes of this
48subsection.
49     (b)  Uses or facilitates the use of any material
50misstatement, misrepresentation, or omission during the mortgage
51lending process with the intention that the material
52misstatement, misrepresentation, or omission will be relied on
53by a mortgage lender, borrower, or any other person or entity
54involved in the mortgage lending process; however, omissions on
55a loan application regarding employment, income, or assets for a
56loan which does not require this information are not considered
57a material omission for purposes of this subsection.
58     (c)  Receives any proceeds or any other funds in connection
59with the mortgage lending process that the person knew resulted
60from a violation of paragraph (a) or paragraph (b).
61     (d)  Files or causes to be filed with the clerk of the
62circuit court for any county of this state a document involved
63in the mortgage lending process which contains a material
64misstatement, misrepresentation, or omission.
65     (5)(a)  Any person who violates subsection (2) commits a
66felony of the third degree, punishable as provided in s.
67775.082, s. 775.083, or s. 775.084.
68     (b)  Any person who violates subsection (2), and the loan
69value stated on documents used in the mortgage lending process
70exceeds $100,000, commits a felony of the second degree,
71punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
72     Section 3.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.