Florida Senate - 2013                                     SB 112
       
       
       
       By Senator Dean
       
       
       
       
       5-00133-13                                             2013112__
    1                        A bill to be entitled                      
    2         An act relating to property fraud; creating s.
    3         817.535, F.S.; prohibiting a person from filing or
    4         causing to be filed, with intent to defraud another, 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 need not be limited to, a deed, lease, bill of
   27  sale, agreement, mortgage, notice of claim of lien, notice of
   28  levy, promissory note, mortgage note, or any other instrument
   29  that relates to the ownership, transfer, or encumbrance of or
   30  claim against real or personal property or any interest in real
   31  or 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, 2013.