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Florida Statute 713.345 | Lawyer Caselaw & Research
F.S. 713.345 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 713.345

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 713
LIENS, GENERALLY
View Entire Chapter
F.S. 713.345
713.345 Moneys received for real property improvements; penalty for misapplication.
(1)(a) A person, firm, or corporation, or an agent, officer, or employee thereof, who receives any payment on account of improving real property must apply such portion of any payment to the payment of all amounts then due and owing for services and labor which were performed on, or materials which were furnished for, such improvement prior to receipt of the payment. This paragraph does not prevent any person from withholding any payment, or any part of a payment, in accordance with the terms of a contract for services, labor, or materials, or pursuant to a bona fide dispute regarding the amount due, if any, for such services, labor, or materials.
(b) Any person who knowingly and intentionally fails to comply with paragraph (a) is guilty of misapplication of construction funds, punishable as follows:
1. If the amount of payments misapplied has an aggregate value of $100,000 or more, the violator is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. If the amount of payments misapplied has an aggregate value of $1,000 or more but less than $100,000, the violator is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3. If the amount of payments misapplied has an aggregate value of less than $1,000, the violator is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) A permissive inference that a person knowingly and intentionally misapplied construction funds in violation of this subsection is created when a valid lien has been recorded against the property of an owner for labor, services, or materials; the person who ordered the labor, services, or materials has received sufficient funds to pay for such labor, services, or materials; and the person has failed, for a period of at least 45 days from receipt of the funds, to remit sufficient funds to pay for such labor, services, or materials, except for funds withheld pursuant to paragraph (a).
(d) A state attorney or the statewide prosecutor, upon the filing of an indictment or information against a contractor, subcontractor, or sub-subcontractor which charges such person with a violation of paragraph (b), shall forward a copy of the indictment or information to the Department of Business and Professional Regulation. The Department of Business and Professional Regulation shall promptly open an investigation into the matter and, if probable cause is found, shall furnish a copy of any investigative report to the state attorney or statewide prosecutor who furnished a copy of the indictment or information and to the owner of the property which is the subject of the investigation.
(e) If a contractor, subcontractor, sub-subcontractor, or other person who is licensed under chapter 489 is convicted of misapplication of construction funds under this section, the licensee is subject to discipline under s. 489.129(1)(r).
(2) This section does not apply to mortgage bankers or their agents, servants, or employees for their acts in the usual course of the business of lending or disbursing mortgage funds.
History.s. 1, ch. 87-74; s. 7, ch. 88-397; s. 17, ch. 90-109; s. 7, ch. 2003-177; s. 12, ch. 2005-227; s. 5, ch. 2021-124.

F.S. 713.345 on Google Scholar

F.S. 713.345 on Casetext

Amendments to 713.345


Arrestable Offenses / Crimes under Fla. Stat. 713.345
Level: Degree
Misdemeanor/Felony: First/Second/Third

S713.345 - FRAUD - NOT A SEPARATE OFFENSE - M: F
S713.345 1b1 - EMBEZZLE - MISAPPROP CONSTRUCTION FUNDS 100K DOLS OR MORE - F: F
S713.345 1b2 - EMBEZZLE - MISAPPROP CONSTR FUNDS 1K DOLS LESS 100K DOLS - F: S
S713.345 1b3 - EMBEZZLE - MISAPPROP CONSTRUCTION FUNDS UNDER 1K DOLS - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

In COX SCHEPP, INC. v., 523 B.R. 511 (Bankr. W.D.N.C. 2014)

. . . . § 713.345, Palmer argues that Cox & Schepp merely held Palmer’s funds in trust. . . .

CDC BUILDERS, INC. v. RIVIERA ALMERIA, LLC,, 51 So. 3d 510 (Fla. Dist. Ct. App. 2010)

. . . trial court’s ultimate determination that CDC Builder’s actions amounted to a violation of sections 713.345 . . . Section 713.345(l)(a) states in pertinent part: “[t]his paragraph does not prevent any person from withholding . . . Therefore, while a violation of either section 713.345 or section 713.35 would expose an individual to . . . In fact, in its order discharging the liens, the trial court acknowledges that neither section 713.345 . . . The same analysis holds true for section 713.345.” . . .

JPG ENTERPRISES, INC. v. McLELLAN, 31 So. 3d 821 (Fla. Dist. Ct. App. 2010)

. . . In fact, sections 713.345 and 713.346 arguably require the contractor to spend the deposit to pay for . . . This concern is addressed in sections 713.345 and 713.346 and, arguably, by the entire process established . . .

NETHERLY, v. STATE A. v., 804 So. 2d 433 (Fla. Dist. Ct. App. 2001)

. . . Section 713.345, Florida Statutes (1991) (Monies received for real property improvement), provides, in . . . performed on, or materials which were furnished for, such improvement prior to receipt of the payment. § 713.345 . . . builder which were not applied to the victim’s property improvements in compliance with subpart (l)(a). § 713.345 . . . reverse the Netherlys’ convictions on count 2 for second-degree misapplication . of construction funds. § 713.345 . . . directed to reduce the charges to third-degree misapplication and resentence the Netherlys accordingly. § 713.345 . . .

P. A. V. C. O. CONSTRUCTION, INC. v. AMERICAN FRAMING SPECIALISTS, INC., 722 So. 2d 932 (Fla. Dist. Ct. App. 1998)

. . . The statutes relied upon to award the fees, section 713.345 and section 713.29, Florida Statutes (1995 . . . Section 713.345 is a criminal statute that makes no provision for attorney’s fees. . . .

VEREEN, v. STATE, 703 So. 2d 1193 (Fla. Dist. Ct. App. 1997)

. . . a plea of no contest to the charge of misappropriating construction funds, in violation of section 713.345 . . .

MATHERLY, v. STATE, 704 So. 2d 563 (Fla. Dist. Ct. App. 1997)

. . . conviction for the third-degree felony of misapplication of construction funds in violation of section 713.345 . . . Appellant claims that section 713.345(l)(b) is facially unconstitutional because it violates Florida’ . . .

SEABRIDGE, INC. a A. v. SUPERIOR KITCHENS, INC., 672 So. 2d 848 (Fla. Dist. Ct. App. 1996)

. . . civil theft as defined by section 772.11, Florida Statutes (1991), by reason of violation of sections 713.345 . . . can be found guilty of civil theft as defined by section 772.11 , by reason of violation of sections 713.345 . . . If we thought that a violation of section 713.345 was included within the remedial provisions of the . . . In the first place, section 713.345(1)(b) expressly says that a person who violates subsection 713.345 . . . But there is nothing in the specified statutes deeming a violation of section 713.345 to be the crime . . .

C. WEBER, v. STATE, 649 So. 2d 253 (Fla. Dist. Ct. App. 1994)

. . . appeals his judgment and sentence for misapplication of construction funds in violation of section 713.345 . . . Section 713.345, Florida Statutes (Supp. 1990), under which the state prosecuted Weber, provides: Moneys . . .

GOLDMAN, v. STATE, 645 So. 2d 1089 (Fla. Dist. Ct. App. 1994)

. . . material which had been furnished for such improvement prior to receiving the payment, in violation of § 713.345 . . . material which had been furnished for such improvement prior to receiving the payment, in violation of § 713.345 . . . material which had been furnished for such improvement prior to receiving the payment, in violation of § 713.345 . . . material which had been furnished for such improvement prior to receiving the payment, in violation of § 713.345 . . . material which had been furnished for such improvement prior to receiving the payment, in violation of § 713.345 . . .

In GROPP d b a WILSON v. GROPP d b a, 153 B.R. 350 (Bankr. M.D. Fla. 1993)

. . . . § 713.345(l)(a), a fiduciary relationship exists between the homeowner and a building contractor. . . . The Plaintiffs rely on Fla.Stat. § 713.345(l)(a), which is entitled “Monies received for real property . . . Fla.Stat. § 713.345(l)(a) provides, in pertinent part: (l)(a) A person, firm, or corporation, or an agent . . .