Florida Statute 713.35 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 713.35

Total Results: 9

Stasinos v. State, Department of Business & Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2016-10-13

Citation: 209 So. 3d 18, 2016 Fla. App. LEXIS 15177

Snippet: [abandoning a construction project], or (k) or s. 713.35. (c) The violation was committed by a licensee

CDC Builders, Inc. v. Riviera Almeria, LLC

Court: District Court of Appeal of Florida | Date Filed: 2010-12-08

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

Snippet: amounted to a violation of sections 713.345 and 713.35, Florida Statutes (2006). When CDC Builders submitted

Redding v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-08-04

Citation: 666 So. 2d 921, 1995 WL 457221

Snippet: state failed to establish perjury under section 713.35, Florida Statutes (1989). Although the applications

McMahan Construction Co. v. Carol's Care Center, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1984-12-20

Citation: 460 So. 2d 1001, 10 Fla. L. Weekly 11, 1984 Fla. App. LEXIS 16436

Snippet: future tense would suffice for this purpose. § 713.35, Fla.Stat. (1983); Youngker v. State, 215 So.2d

McMAHAN CONST. CO. v. CAROL'S CARE CTR.

Court: District Court of Appeal of Florida | Date Filed: 1984-12-20

Citation: 460 So. 2d 1001

Snippet: future tense would suffice for this purpose. § 713.35, Fla. Stat. (1983); Youngker v. State, 215 So.2d

Bracco v. Cardozo

Court: District Court of Appeal of Florida | Date Filed: 1983-07-22

Citation: 434 So. 2d 1024, 1983 Fla. App. LEXIS 19902

Snippet: contractor liable for the crime of perjury under section 713.35 if he delivers a false *1027affidavit, will not

Grant v. Credithrift of America, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1981-08-06

Citation: 402 So. 2d 486

Snippet: Roe v. Wade, 410 U.S. 113, 125, 93 S.Ct. 705, 713, 35 L.Ed.2d 147, 161 (1973); Ocala Star Banner Corp

Climatrol Corp. v. Kent

Court: District Court of Appeal of Florida | Date Filed: 1979-04-10

Citation: 370 So. 2d 394

Snippet: Statutes (1977), "Claim of Lien". *396 Section 713.35, Florida Statutes (1977) makes the furnishing of

Youngker v. State

Court: District Court of Appeal of Florida | Date Filed: 1968-10-25

Citation: 215 So. 2d 318

Snippet: Section 84.351, F.S.A. (now F.S. 1967, Section 713.35, F.S.A.). This statute applies the penalties for