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Florida Statute 713.35 - Full Text and Legal Analysis
Florida Statute 713.35 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 713.35 Case Law from Google Scholar Google Search for Amendments to 713.35

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY
Chapter 713
LIENS, GENERALLY
View Entire Chapter
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 CourtListener

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  |  Sort by: Relevance  |  Newest First

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Youngker v. State, 215 So. 2d 318 (Fla. 4th DCA 1968).

Cited 28 times | Published | Florida 4th District Court of Appeal

...ll hereafter be discussed. Count I of the information deals with the perjury charge. It alleges that on 24 March 1964 the defendant made an affidavit containing a false statement in violation *320 of F.S. 1963, Section 84.351, F.S.A. (now F.S. 1967, Section 713.35, F.S.A.)....
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Redding v. State, 666 So. 2d 921 (Fla. 1st DCA 1995).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 457221

...*922 First, the state's evidence failed to establish specific intent to commit theft, which is an essential element of the crime. See Stramaglia v. State, 603 So.2d 536 (Fla. 4th DCA), review denied, 613 So.2d 9 (Fla. 1992). Second, the state failed to establish perjury under section 713.35, Florida Statutes (1989)....
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Mcmahan Const. Co. v. Carol's Care Ctr., 460 So. 2d 1001 (Fla. 5th DCA 1984).

Cited 3 times | Published | Florida 5th District Court of Appeal

...facts stated in the affidavit are untrue. Climatrol Corporation v. Kent, 370 So.2d 394 (Fla. 3rd DCA 1979). It is doubtful that warranties made prior to the final application for payment and stated in the future tense would suffice for this purpose. § 713.35, Fla....
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CDC Builders, Inc. v. Riviera Almeria, LLC, 51 So. 3d 510 (Fla. Dist. Ct. App. 2010).

Cited 2 times | Published | District Court of Appeal of Florida | 2010 Fla. App. LEXIS 18624, 2010 WL 4977227

...Specifically, we are concerned with the deleterious impact the trial court’s interpretation of chapter 713 would have upon the construction industry as a whole. We disagree with the trial court’s ultimate determination that CDC Builder’s actions amounted to a violation of sections 713.345 and 713.35, Florida Statutes (2006)....
...rim payment requests. *513 However, even if this Court agreed with the trial court’s factual determination, such violations would only justify criminal sanctions as outlined in the statute. Therefore, while a violation of either section 713.345 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. In fact, in its order discharging the liens, the trial court acknowledges that neither section 713.345 nor section 713.35 allow for discharge. Referring to section 713.35, the trial court stated “[tjhere is no language or provision contained therein which would mandate this [cjourt finding that the ultimate claims of lien filed herein, because the interim payment affidavits were false, necessitate the discharge of the liens for noncompliance....
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Climatrol Corp. v. Kent, 370 So. 2d 394 (Fla. 3d DCA 1979).

Cited 1 times | Published | Florida 3rd District Court of Appeal

...himself from subsequent notices of claims which may be filed within the 45-day period of Section 713.06(2), Florida Statutes (1977), "Notice to Owner", or within the 90-day period of Section 713.08(5), Florida Statutes (1977), "Claim of Lien". *396 Section 713.35, Florida Statutes (1977) makes the furnishing of a false affidavit punishable as the crime of perjury....
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Bracco v. Cardozo, 434 So. 2d 1024 (Fla. 3d DCA 1983).

Published | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 19902

...o permit the owner to rely upon such affidavit to protect himself from subsequent notices to owner filed pursuant to section 713.06(2) and claims of lien filed under section 713.08(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....
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McMahan Constr. Co. v. Carol's Care Ctr., Inc., 460 So. 2d 1001 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 11, 1984 Fla. App. LEXIS 16436

...facts stated in the affidavit are untrue. Climatrol Corporation v. Kent, 370 So.2d 394 (Fla. 3rd DCA 1979). It is doubtful that warranties made prior to the final application for payment and stated in the future tense would suffice for this purpose. § 713.35, Fla.Stat....

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