A Winter Garden file flags alleged misapplied construction payments of $120,000. What compliance status should the office investigate first?
Correct Answer
A) misapplication exposure
Investigate possible misapplication under section 713.345. The offense requires knowing and intentional noncompliance; authorized contractual withholding and bona fide disputes must be examined. If proved, an aggregate $120,000 reaches the $100,000-or-more first-degree-felony tier. The amount alone does not prove an offense. Source: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.345.html
Why This Is the Correct Answer
Investigate possible misapplication under section 713.345. The offense requires knowing and intentional noncompliance; authorized contractual withholding and bona fide disputes must be examined. If proved, an aggregate $120,000 reaches the $100,000-or-more first-degree-felony tier. The amount alone does not prove an offense. Source: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.345.html
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