Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 996
                                Barcode 494550                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/26/2012           .                                

       The Committee on Judiciary (Richter) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 817.535, Florida Statutes, is created to
    6  read:
    7         817.535 Fraudulent creation of interest in real or personal
    8  property.—
    9         (1) A person may not, with the intent to defraud another,
   10  file or cause to be filed for recording in the official records
   11  a document relating to real or personal property which the
   12  person knows to contain a material misstatement,
   13  misrepresentation, or omission of fact. The filed document may
   14  include, but is not limited to, a deed, lease, bill of sale,
   15  agreement, mortgage, notice of claim of lien, notice of levy,
   16  promissory note, mortgage note, or any other instrument that
   17  relates to the ownership, transfer, or encumbrance of or claim
   18  against real or personal property or any interest in real or
   19  personal property.
   20         (2) A person who violates subsection (1) commits the
   21  offense of fraudulent creation of an interest in real or
   22  personal property, a felony of the third degree, punishable as
   23  provided in s. 775.082, s. 775.083, or s. 775.084.
   24         Section 2. This act shall take effect October 1, 2012.
   26  ================= T I T L E  A M E N D M E N T ================
   27         And the title is amended as follows:
   28         Delete everything before the enacting clause
   29  and insert:
   30                        A bill to be entitled                      
   31         An act relating to property fraud; creating s.
   32         817.535, F.S.; prohibiting a person, with intent to
   33         defraud another, from filing or causing to be filed a
   34         document relating to the ownership, transfer, or
   35         encumbrance of or claim against real or personal
   36         property, or any interest in real or personal
   37         property, which the person knows contains a material
   38         misstatement, misrepresentation, or omission of fact;
   39         providing criminal penalties; providing an effective
   40         date.