Florida Senate - 2012                       CS for CS for SB 996
       
       
       
       By the Committees on Criminal Justice; and Judiciary; and
       Senator Dean
       
       
       
       591-03788-12                                           2012996c2
    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 that a person
   11         who fraudulently records a construction lien is
   12         subject to specified fraud provisions; providing an
   13         effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 817.535, Florida Statutes, is created to
   18  read:
   19         817.535 Fraudulent creation of interest in real or personal
   20  property.—
   21         (1) A person may not, with the intent to defraud another,
   22  file or cause to be filed for recording in the official records
   23  a document relating to real or personal property which the
   24  person knows to contain a material misstatement,
   25  misrepresentation, or omission of fact. The filed document may
   26  include, but is not limited to, a deed, lease, bill of sale,
   27  agreement, mortgage, notice of claim of lien, notice of levy,
   28  promissory note, mortgage note, or any other instrument that
   29  relates to the ownership, transfer, or encumbrance of or claim
   30  against real or personal property or any interest in real or
   31  personal property.
   32         (2) A person who violates subsection (1) commits the
   33  offense of fraudulent creation of an interest in real or
   34  personal property, a felony of the third degree, punishable as
   35  provided in s. 775.082, s. 775.083, or s. 775.084.
   36         (3) A person who fraudulently records a claim of lien in
   37  the official records pursuant to part I of chapter 713 is
   38  subject to the fraud provisions of s. 713.31 and not this
   39  section.
   40         Section 2. This act shall take effect October 1, 2012.