What disciplinary actions and criminal penalties can be imposed for abuse of Floridas Construction lien laws?
Fla. Stat. §713.345 provides that a permissive inference that a person knowingly and intentionally misapplied construction funds when: a) valid lien has been recorded against the property of an owner; b) over 45 days have passed since the person who ordered the labor, services or materials received sufficient funds to pay for such labor, services or materials; and c) the person has failed to remit sufficient funds to pay for the labor, services or materials. Based on the amount misapplied, the accused may be charged with a felony of the first, second or third degree. Further, Fla. Stat. §713.35 provides that anyone who knowingly and intentionally furnishes an affidavit, a waiver or release of lien or other document containing false information about the payment status of subcontractors, sub-subcontractors or suppliers on which others rely is guilty of a felony in the third degree. Any licensed contractor may be subject to disciplinary action by the Florida Construction Industry Licensi
