Florida Senate - 2012                              CS for SB 996
       By the Committee on Judiciary; and Senator Dean
       590-02334-12                                           2012996c1
    1                        A bill to be entitled                      
    2         An act relating to property fraud; creating s.
    3         817.535, F.S.; prohibiting a person, with intent to
    4         defraud another, from filing or causing to be filed a
    5         document relating to the ownership, transfer, or
    6         encumbrance of or claim against real or personal
    7         property, or any interest in real or personal
    8         property, which the person knows contains a material
    9         misstatement, misrepresentation, or omission of fact;
   10         providing criminal penalties; providing an effective
   11         date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 817.535, Florida Statutes, is created to
   16  read:
   17         817.535 Fraudulent creation of interest in real or personal
   18  property.—
   19         (1) A person may not, with the intent to defraud another,
   20  file or cause to be filed for recording in the official records
   21  a document relating to real or personal property which the
   22  person knows to contain a material misstatement,
   23  misrepresentation, or omission of fact. The filed document may
   24  include, but is not limited to, a deed, lease, bill of sale,
   25  agreement, mortgage, notice of claim of lien, notice of levy,
   26  promissory note, mortgage note, or any other instrument that
   27  relates to the ownership, transfer, or encumbrance of or claim
   28  against real or personal property or any interest in real or
   29  personal property.
   30         (2) A person who violates subsection (1) commits the
   31  offense of fraudulent creation of an interest in real or
   32  personal property, a felony of the third degree, punishable as
   33  provided in s. 775.082, s. 775.083, or s. 775.084.
   34         Section 2. This act shall take effect October 1, 2012.