Florida Statute 713.345 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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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 Citing Statute 713.345

Total Results: 9

CDC Builders, Inc. v. Riviera Almeria, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-08T00:00:00-08:00

Citation: 51 So. 3d 510, 2010 Fla. App. LEXIS 18624, 2010 WL 4977227

Snippet: ’s actions amounted to a violation of sections 713.345 and 713.35, Florida Statutes (2006). When CDC Builders…whereby one party can withhold payment. Section 713.345(l)(a) states in pertinent part: “[t]his paragraph…Therefore, while a violation of either section 713.345 or section 713.35 would expose an individual to… trial court acknowledges that neither section 713.345 nor section 713.35 allow for discharge. Referring…noncompliance. The same analysis holds true for section 713.345.” Instead, the trial court relied on its interpretation

JPG ENTERPRISES, INC. v. McLellan

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-10T00:00:00-08:00

Citation: 31 So. 3d 821, 2010 Fla. App. LEXIS 1372, 2010 WL 445394

Snippet: liens against the property. In fact, sections 713.345 and 713.346 arguably require the contractor to …reduced. This concern is addressed in sections 713.345 and 713.346 and, arguably, by the entire process

Netherly v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-10-19T00:53:00-07:00

Citation: 804 So. 2d 433

Snippet: defense counsel's objection.[4] *438 Section 713.345, Florida Statutes (1991) (Monies received for real…improvement prior to receipt of the payment. § 713.345(1)(a) (emphasis provided). Subsection (1)(b)2. …improvements in compliance with subpart (1)(a). § 713.345(1)(a). The amount misapplied may be established…second-degree misapplication of construction funds. § 713.345(1)(b)2. On remand, the court is directed to reduce…misapplication and resentence the Netherlys accordingly. § 713.345(1)(b)3. As for count 14, the State presented testimony

P.A.V.C.O. Construction, Inc. v. American Framing Specialists, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-12-18T00:00:00-08:00

Citation: 722 So. 2d 932, 1998 Fla. App. LEXIS 15941, 1998 WL 881319

Snippet: statutes relied upon to award the fees, section 713.345 and section 713.29, Florida Statutes (1995), are…are not applicable to this action. Section 713.345 is a criminal statute that makes no provision for attorney

Vereen v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-12-24T00:00:00-08:00

Citation: 703 So. 2d 1193, 1997 Fla. App. LEXIS 14360, 1998 WL 25615

Snippet: misappropriating construction funds, in violation of section 713.345, Florida Statutes (1993). The trial court placed

Matherly v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-17T00:00:00-07:00

Citation: 704 So. 2d 563, 1997 Fla. App. LEXIS 6566, 1997 WL 329123

Snippet: construction *564funds in violation of section 713.345(l)(b)3, Florida Statutes (1993), appellant seeks…merits discussion. Appellant claims that section 713.345(l)(b) is facially unconstitutional because it violates

Seabridge v. Superior Kitchens

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-13T00:53:00-07:00

Citation: 672 So. 2d 848

Snippet: violation of sections 713.345 and 812.014. If we thought that a violation of section 713.345 was included within…place, section 713.345(1)(b) expressly says that a person who violates subsection 713.345(1)(a) is guilty…Statutes (1991), by reason of violation of sections 713.345 and 812.014, Florida Statutes (1991). In addition… remedies afforded by chapter 772, but section 713.345 is not one of the crimes listed. Finally, section…specified statutes deeming a violation of section 713.345 to be the crime of theft under sections 812.012

Weber v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-12-28T00:00:00-08:00

Citation: 649 So. 2d 253, 1994 Fla. App. LEXIS 12556, 1994 WL 714380

Snippet: of construction funds in violation of section 713.345, Florida Statutes (Supp.1990). We reverse because…require proof of wrongful application. Section 713.345, Florida Statutes (Supp. 1990), under which the

Goldman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-11-30T00:00:00-08:00

Citation: 645 So. 2d 1089, 1994 Fla. App. LEXIS 11515, 1994 WL 665705

Snippet: prior to receiving the payment, in violation of § 713.345;” Count III: “on or about May 8, 1990 in the county…prior to receiving the payment, in violation of § 713.345;” Count IV: “on or about June 6, 1990 in the county…prior to receiving the payment, in violation of § 713.345;” Count VI: “on or about July 24, 1990 in the county…prior to receiving the payment, in violation of § 713.345;” Count VII: “on or about August 3, 1990 in the…prior to receiving the payment, in violation of § 713.345;” Count VIII: “on or about August 20, 1990 in the