Florida Statute 713.35 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 713.35

Annotations, Discussions, Cases:

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

Cases Citing Statute 713.35

Total Results: 7

Youngker v. State

215 So. 2d 318

District Court of Appeal of Florida | Filed: Oct 25, 1968 | Docket: 1312337

Cited 28 times | Published

1963, Section 84.351, F.S.A. (now F.S. 1967, Section 713.35, F.S.A.). This statute applies the penalties

Redding v. State

666 So. 2d 921, 1995 WL 457221

District Court of Appeal of Florida | Filed: Aug 4, 1995 | Docket: 13069

Cited 5 times | Published

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

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

460 So. 2d 1001

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 1767052

Cited 3 times | Published

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

CDC Builders, Inc. v. Riviera Almeria, LLC

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

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297642

Cited 2 times | Published

while a violation of either section 713.345 or section 713.35 would expose an individual to criminal sanctions

Climatrol Corp. v. Kent

370 So. 2d 394

District Court of Appeal of Florida | Filed: Apr 10, 1979 | Docket: 1386819

Cited 1 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 64608790

Published

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

Bracco v. Cardozo

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

District Court of Appeal of Florida | Filed: Jul 22, 1983 | Docket: 64598353

Published

contractor liable for the crime of perjury under section 713.35 if he delivers a false *1027affidavit, will