713.35

Making or furnishing false statement.

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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.

Notes of Decisions

Cited in 7 cases, 1968–2010 · leading case: CDC Builders, Inc. v. Riviera Almeria, LLC

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CDC Builders, Inc. v. Riviera Almeria, LLC (2010) fladistctapp · cites it 3× “345 or section 713.35 would expose an individual to criminal sanctions, we cannot agree with the trial court that either statute — or chapter 713 interpreted as a whole — would justify the discharge or invalidation of an otherwise valid lien.”

Redding v. State (1995) fladistctapp · cites it 2× “Second, the state failed to establish perjury under section 713.35, Florida Statutes (1989). Although the applications for payment were notarized, the notary testified that she did not administer an oath to Redding when he signed the applications.”

Youngker v. State (1968) fladistctapp “1967, Section 713.35, F.S.A.). This statute applies the penalties for perjury to any person who willfully makes or furnishes an affidavit containing a false statement in connection with the improvement of real property in this state knowing that the one to whom it is furnished…”

Climatrol Corp. v. Kent (1979) fladistctapp · cites it 2× “*396 Section 713.35, Florida Statutes (1977) makes the furnishing of a false affidavit punishable as the crime of perjury.”

McMahan Construction Co. v. Carol's Care Center, Inc. (1984) fladistctapp · cites it 2× “§ 713.35, Fla.Stat. (1983); Youngker v. State, 215 So.”

Bracco v. Cardozo (1983) fladistctapp “08(5), and to hold the contractor liable for the crime of perjury under section 713.35 if he delivers a false *1027 affidavit, will not be fulfilled.”

McMAHAN CONST. CO. v. CAROL'S CARE CTR. (1984) fladistctapp · cites it 2× “§ 713.35, Fla. Stat. (1983); Youngker v. State, 215 So.”

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