14.12 MISAPPLICATION OF CONSTRUCTION FUNDS

To prove the crime of Misapplication of Construction Funds, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) received a payment on account of improving real property.

2. (Defendant) knowingly and intentionally failed to apply such portion of any payment to the payment of all amounts then due and owing for [services and labor which were performed on] [materials which were furnished for] such improvement prior to receipt of the payment.

3. At the time of element #2, (defendant) was a person, firm, or corporation, or an agent, officer, or employee of a firm or a corporation.

Give as applicable.

If you find the defendant guilty of Misapplication of Construction Funds, you must also determine if the State proved beyond a reasonable doubt that:

a. the amount of payments misapplied had an aggregate value of $100,000 or more.

b. the amount of payments misapplied had an aggregate value of $1,000 or more but less than $100,000.

c. the amount of payments misapplied had an aggregate value of less than $1,000.

§ 713.345(1), Fla. Stat.

You may infer that the defendant knowingly and intentionally misapplied construction funds if a valid lien had been recorded against the property of an owner for labor, services, or materials; or if the person who ordered the labor, services, or materials had received sufficient funds to pay for such labor, services, or materials; and the person failed, for a period of at least 45 days from receipt of the funds, to remit sufficient funds to pay for such labor, services, or materials.