A contractor knowingly misapplies $700 of construction funds. What is the classification?
Correct Answer
A) A felony of the third degree
Section 713.345(1)(b)3: "If the amount of payments misapplied has an aggregate value of less than $1,000, the violator is guilty of a felony of the third degree." This is the part candidates get wrong by assuming a small amount means a misdemeanor. Every tier of misapplication in this section is a felony; the amount changes the degree, not the category.
Why This Is the Correct Answer
Section 713.345(1)(b)3: "If the amount of payments misapplied has an aggregate value of less than $1,000, the violator is guilty of a felony of the third degree." This is the part candidates get wrong by assuming a small amount means a misdemeanor. Every tier of misapplication in this section is a felony; the amount changes the degree, not the category.
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