The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.35

713.35 Making or furnishing false statement.—Any person, firm, or corporation who knowingly and intentionally makes or furnishes to another person, firm, or corporation an affidavit, a waiver or release of lien, or other document, whether or not under oath, containing false information about the payment status of subcontractors, sub-subcontractors, or suppliers in connection with the improvement of real property in this state, knowing that the one to whom it was furnished might rely on it, and the one to whom it was furnished will part with draw payments or final payment relying on the truth of such statement as an inducement to do so commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. 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 this section, 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.

History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 9, ch. 95-240; s. 9, ch. 2003-177; s. 4, ch. 2006-187.

Note.—Former s. 84.351.

F.S. 713.35 on Google Scholar

F.S. 713.35 on Casetext

Amendments to 713.35

Arrestable Offenses / Crimes under Fla. Stat. 713.35

Level: Degree
Misdemeanor/Felony: First/Second/Third

S713.35 - FRAUD-FALSE STATEMENT - REGARDING SUBCONTRACTOR - F: T

S713.35 - FRAUD-FALSE STATEMENT - WRITTEN AFFIDAVIT SUBCONTRACTOR - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

STASINOS, v. STATE DEPARTMENT OF BUSINESS PROFESSIONAL REGULATION,, 209 So. 3d 18 (Fla. Dist. Ct. App. 2016)

. . . is based upon a violation of s. 489.129(1)(g), (j) [abandoning a construction project], or (k) or s. 713.35 . . .

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

. . . s ultimate determination that CDC Builder’s actions amounted to a violation of sections 713.345 and 713.35 . . . Therefore, while a violation of either section 713.345 or section 713.35 would expose an individual to . . . order discharging the liens, the trial court acknowledges that neither section 713.345 nor section 713.35 . . . Referring to section 713.35, the trial court stated “[tjhere is no language or provision contained therein . . .

B. REDDING, v. STATE, 666 So. 2d 921 (Fla. Dist. Ct. App. 1995)

. . . Second, the state failed to establish perjury under section 713.35, Florida Statutes (1989). . . .

McMAHAN CONSTRUCTION COMPANY, INC. a v. CAROL S CARE CENTER, INC. a, 460 So. 2d 1001 (Fla. Dist. Ct. App. 1984)

. . . . § 713.35, Fla.Stat. (1983); Youngker v. State, 215 So.2d 318 (Fla. 4th DCA 1968). . . .

BRACCO, v. CARDOZO G., 434 So. 2d 1024 (Fla. Dist. Ct. App. 1983)

. . . filed under section 713.08(5), and to hold the contractor liable for the crime of perjury under section 713.35 . . .

CLIMATROL CORPORATION, a v. KENT, 370 So. 2d 394 (Fla. Dist. Ct. App. 1979)

. . . Section 713.35, Florida Statutes (1977) makes the furnishing of a false affidavit punishable as the crime . . .

YOUNGKER, Sr. v. STATE, 215 So. 2d 318 (Fla. Dist. Ct. App. 1968)

. . . (now F.S.1967, Section 713.35, F.S.A.). . . .

M. W. O RIELEY, Co. v. ENDICOTT- JOHNSON CORPORATION,, 297 F.2d 1 (8th Cir. 1961)

. . . from July 21 through November 3,1958; these went to the South Side outlet except for a shipment of $713.35 . . .