Title: Property Fraud

Summary: Prohibiting a person, with intent to defraud another, from filing or causing to be filed a document relating to the ownership, transfer, or encumbrance of or claim against real or personal property, or any interest in real or personal property, which the person knows contains a material misstatement, misrepresentation, or omission of fact; providing criminal penalties; providing that a person who fraudulently records a construction lien is subject to specified fraud provisions, etc.

Full Text:
An act relating to property fraud; creating s. 817.535, F.S.; prohibiting a person, with intent to defraud another, from filing or causing to be filed a document relating to the ownership, transfer, or encumbrance of or claim against real or personal property, or any interest in real or personal property, which the person knows contains a material misstatement, misrepresentation, or omission of fact; providing criminal penalties; providing that a person who fraudulently records a construction lien is subject to specified fraud provisions; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 817.535, Florida Statutes, is created to read: 817.535   Fraudulent creation of interest in real or personal property.  (1)  A person may not, with the intent to defraud another, file or cause to be filed for recording in the official records a document relating to real or personal property which the person knows to contain a material misstatement, misrepresentation, or omission of fact. The filed document may include, but is not limited to, a deed, lease, bill of sale, agreement, mortgage, notice of claim of lien, notice of levy, promissory note, mortgage note, or any other instrument that relates to the ownership, transfer, or encumbrance of or claim against real or personal property or any interest in real or personal property. (2)  A person who violates subsection (1) commits the offense of fraudulent creation of an interest in real or personal property, a felony of the third degree, punishable as provided in s. 775.082,s. 775.083,or s. 775.084.(3)   A person who fraudulently records a claim of lien in the official records pursuant to part I of chapter is subject to the fraud provisions of s. 713.31 and not this section. Section 2. This act shall take effect October 1, 2012.