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) 2 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. 25 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.