Florida Statutes

Fla. Stat. § 319.001 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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319.001 Definitions.—As used in this chapter, the term:

(1) “Certificate of title” means the record that is evidence of ownership of a vehicle, whether a paper certificate authorized by the department or a certificate consisting of information that is stored in an electronic form in the department’s database.

(2) “Department” means the Department of Highway Safety and Motor Vehicles.

(3) “Front-end assembly” means fenders, hood, grill, and bumper.

(4) “Licensed dealer,” unless otherwise specifically provided, means a motor vehicle dealer licensed under s. 320.27, a mobile home dealer licensed under s. 320.77, or a recreational vehicle dealer licensed under s. 320.771.

(5) “Motorcycle body assembly” means frame, fenders, and gas tanks.

(6) “Motorcycle engine” means cylinder block, heads, engine case, and crank case.

(7) “Motorcycle transmission” means drive train.

(8) “New mobile home” means a mobile home the equitable or legal title to which has never been transferred by a manufacturer, distributor, importer, or dealer to an ultimate purchaser.

(9) “New motor vehicle” means a motor vehicle the equitable or legal title to which has never been transferred by a manufacturer, distributor, importer, or dealer to an ultimate purchaser; however, when legal title is not transferred but possession of a motor vehicle is transferred pursuant to a conditional sales contract or lease and the conditions are not satisfied and the vehicle is returned to the motor vehicle dealer, the motor vehicle may be resold by the motor vehicle dealer as a new motor vehicle, provided the selling motor vehicle dealer gives the following written notice to the purchaser: “THIS VEHICLE WAS DELIVERED TO A PREVIOUS PURCHASER.” The purchaser shall sign an acknowledgment, a copy of which is kept in the selling dealer’s file.

(10) “Rear body section” means both quarter panels, decklid, bumper, and floor pan.

(11) “Satisfaction of lien” means full payment of a debt or release of a debtor from a lien by the lienholder.

(12) “Used motor vehicle” means any motor vehicle that is not a “new motor vehicle” as defined in subsection (9).

(13) “Valid passport” means:

(a) An unexpired passport or passport card issued by the United States Government; or

(b) An unexpired passport issued by the government of another country with:

1. A stamp or mark affixed by the Federal Government onto the passport to evidence and authorize lawful presence in the United States; or

2. An unexpired I-94, or current permanent resident card, or unexpired immigrant visa, issued by the Federal Government.

History.—s. 1, ch. 82-134; s. 2, ch. 89-333; s. 22, ch. 95-333; s. 20, ch. 2000-313; s. 7, ch. 2002-235; s. 15, ch. 2008-176; s. 29, ch. 2009-21; s. 2, ch. 2025-1.

Notes of Decisions

Cited in 7 cases, 1989–2009 · leading case: Bell-Tel Fed. Credit Union v. Kalter, 292 F.3d 1350 (11th Cir. 2002).

Sort: Relevance Newest Treatment

Bell-Tel Fed. Credit Union v. Kalter, 292 F.3d 1350 (11th Cir. 2002). “; and (2) the Florida Certificate of Title statute, Fla. Stat. §§ 319.001 et seq. Although the Florida UCC does not dispose of the issue of the ownership interests in a repossessed vehicle, the Florida Certificate of Title statute does, as it plainly recognizes that ownership of…”

First Nat'l Bank in Anoka v. Minnesota Util. Contracting, Inc. (In Re Minnesota Util. Contracting, Inc.), 101 B.R. 72 (Bankr. D. Minn. 1989). “Accordingly, the Bank’s filing of financing statements in Arizona, Florida, and Minnesota did not perfect its security interests in the motor vehicles owned by the debtors in possession. In Arizona, the .”

King v. King Motor Co. of Fort Lauderdale, 900 So. 2d 619 (Fla. 4th DCA 2005). · cites it 2× “See § 319.001(8), Fla. Stat. (defining "new motor vehicle" to include those where "legal title is not transferred but possession of a motor vehicle is transferred pursuant to a conditional sales contract or lease and the conditions are not satisfied and the vehicle is returned…”

In Re Diaz, 416 B.R. 902 (Bankr. S.D. Florida 2009). · cites it 2× “(“Florida UCC”) and the Florida Certificate of Title statute, Fla. Stat. §§ 319.001 et seq., to determine when ownership of a repossessed motor vehicle transfers from a borrower to its secured creditor.”

Menkel v. Sun Bank & Trust Co. (In re Freedom Rental & Leasing, Inc.), 102 B.R. 848 (Bankr. M.D. Fla. 1989). · cites it 3× “It contends the term “lease purchase” is included in the term “selling” and “sale,” Fla.Stat. §§ 319.001(2) and 320.27(10)(c), and therefore the filing of the financing statement on January 18, 1985 was sufficient to properly perfect the security interest in the collateral.”

Henkel v. McKissick (In Re Gosine), 454 B.R. 863 (Bankr. M.D. Fla. 2009). · cites it 2× “01 ; Fla. Stat. §§ 319.001-319.41 . Section 319.”

Faust v. Sunrise Nissan of Orange Park, Inc., 40 Fla. Supp. 2d 111 (Fla. Cir. Ct. 1990). · cites it 2× “The vehicle purchased by Faust had never before been titled and under § 319.001(4), Florida Statutes, was correctly labeled “new” on the Security Agreement and the application for title.”

— 319.001(2) — 1 case

Menkel v. Sun Bank & Trust Co. (In re Freedom Rental & Leasing, Inc.), 102 B.R. 848 (Bankr. M.D. Fla. 1989). “It contends the term “lease purchase” is included in the term “selling” and “sale,” Fla.Stat. §§ 319.001(2) and 320.27(10)(c), and therefore the filing of the financing statement on January 18, 1985 was sufficient to properly perfect the security interest in the collateral.”

— 319.001(4) — 1 case

Faust v. Sunrise Nissan of Orange Park, Inc., 40 Fla. Supp. 2d 111 (Fla. Cir. Ct. 1990). “The vehicle purchased by Faust had never before been titled and under § 319.001(4), Florida Statutes, was correctly labeled “new” on the Security Agreement and the application for title.”

— 319.001(8) — 1 case

King v. King Motor Co. of Fort Lauderdale, 900 So. 2d 619 (Fla. 4th DCA 2005). “See § 319.001(8), Fla. Stat. (defining "new motor vehicle" to include those where "legal title is not transferred but possession of a motor vehicle is transferred pursuant to a conditional sales contract or lease and the conditions are not satisfied and the vehicle is returned…”

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