Florida Statutes

Fla. Stat. § 319.21 (2025)

Necessity of manufacturer’s statement of origin and certificate of title.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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319.21 Necessity of manufacturer’s statement of origin and certificate of title.
(1) No manufacturer, distributor, licensed dealer, or other person shall sell or otherwise dispose of a new motor vehicle or a new mobile home to a distributor, licensed dealer, or other person without delivering to such distributor, licensed dealer, or other person a manufacturer’s statement of origin duly executed and with such assignments thereon as may be necessary to show title in the purchaser thereof, on forms approved by the department; nor shall any distributor, licensed dealer, or other person purchase, acquire, or bring into the state, except for temporary use and not for sale, a new motor vehicle or a new mobile home without obtaining from the seller thereof the manufacturer’s statement of origin. Such statement of origin shall be in the English language. In addition to the assignments stated herein, the manufacturer’s statement of origin shall contain a certification of the identification and description of the motor vehicle or mobile home delivered and the name and address of the distributor, licensed dealer, or other person to whom the motor vehicle or mobile home was originally sold, over the signature of an authorized official of the manufacturer who made the original delivery; however, no statement of origin shall be required for any new motor vehicle or new mobile home purchased from a person other than a manufacturer or a representative of a manufacturer in a state which does not require such statement of origin. Prior to the issuance of a certificate of title for any such new motor vehicle or new mobile home, the holder of any security interest therein may demand and receive from the owner thereof the manufacturer’s statement of origin and may retain it as long as he or she holds the security interest.
(2) When a motor vehicle is built in two or more stages, each manufacturer must provide a manufacturer’s statement of origin for each stage.
(3) Except as provided in s. 320.27(7), no person shall sell or otherwise dispose of a motor vehicle or mobile home without delivering to the purchaser or transferee thereof a certificate of title with such assignment thereon as may be necessary to show title in the name of the purchaser. No person shall purchase or otherwise acquire or bring into the state a motor vehicle or mobile home, except for a surviving spouse as provided by s. 319.28 or except for temporary use, unless such person obtains a certificate of title for it in his or her name in accordance with the provisions of this chapter. However, any licensed dealer may, in lieu of having a certificate of title issued in the dealer’s name, reassign any existing certificate of title, except as provided in s. 319.225. It shall not be necessary for any licensed dealer to obtain a certificate of title on any new motor vehicle or new mobile home which he or she is selling or which he or she acquires for sale if the dealer obtains a manufacturer’s statement of origin as provided in subsection (1); however, the dealer shall attach the manufacturer’s statement of origin to the separate application for initial certificate of title which is made by the purchaser and certify on the face of such application that the vehicle is a new motor vehicle or new mobile home and shall also disclose the name and address of the manufacturer, distributor, or other person from whom the dealer acquired such motor vehicle or mobile home. In no event shall a manufacturer’s statement of origin be issued or reissued to any distributor, licensed dealer, or other person for the purpose of updating any motor vehicle or mobile home for sale. As used in this subsection, the term “updating” means:
(a) Modification of the motor vehicle or mobile home in such a manner that it resembles in appearance the current year’s model;
(b) Replacement of the original identification number and chassis number, which replacement reflects a change in the year manufactured, or any other modification which misrepresents the actual year manufactured; or
(c) Issuance of another manufacturer’s statement of origin changing the model year of manufacture.
(4) Notwithstanding the provisions of other laws of this state, no motor vehicle or mobile home shall be eligible for initial registration in this state unless the provisions of this section have been complied with.
History.s. 2, ch. 23658, 1947; s. 1, ch. 25150, 1949; s. 1, ch. 61-296; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 1, ch. 77-11; s. 5, ch. 82-134; s. 4, ch. 89-333; s. 336, ch. 95-148; s. 7, ch. 95-333; s. 11, ch. 96-413; s. 56, ch. 2014-17.
Notes of Decisions
Cited in 23 cases, 1952–2016 · leading case: Lámar v. Wheels Unlimited, Inc., 513 So. 2d 135 (Fla. 1987).
Lámar v. Wheels Unlimited, Inc., 513 So. 2d 135 (Fla. 1987). · cites it 2× “Section 319.21(2), Florida Statutes (1985), provides in part: No person shall sell or otherwise dispose of a motor vehicle or mobile home without delivering to the purchaser or transferee thereof a certificate of title with such assignment thereon as may be necessary to show…”
Trumbull Chevrolet Sales Co. v. Seawright, 134 So. 2d 829 (Fla. 1st DCA 1961). · cites it 3× “provides: "Except as provided in §§ 319.21 * * *, no person acquiring a motor vehicle from the owner thereof, whether such owner be a dealer or otherwise, hereafter shall acquire a marketable title in or to said motor vehicle until he, she, or it shall have had issued to him,…”
Florida Dept. of Corr. v. BLOUNT, ETC., 411 So. 2d 930 (Fla. 1st DCA 1982). · cites it 2× “Blount argues that his case is governed by the provisions of Section 319.21(1), Florida Statutes: No manufacturer, distributor, dealer or other person shall sell or otherwise dispose of a new motor vehicle to a distributor, dealer or other person without delivering to such…”
Mcqueen v. M. & J. Fin. Corp., 59 So. 2d 49 (Fla. 1952). · cites it 2× “Section 319.21, Florida Statutes 1949, and F.”
Joel Strickland Enter. v. Atl. Disc. Co., 137 So. 2d 627 (Fla. 1st DCA 1962). · cites it 2× “22(1) "Except as provided in §§ 319.21 [relating to new cars or purchase of used cars by dealers] and 319.”
Cochran v. Jones, 707 So. 2d 791 (Fla. 4th DCA 1998). · cites it 2× “Without a current title certificate in either appellee's name issued prior to the seizure or a reassignment of a title certificate issued in this state from the Fort Lauderdale Collection to Jones or Florida European, as provided by section 319.21(2), Florida Statutes (1993),…”
Correria v. Orlando Bank & Trust Co., 235 So. 2d 20 (Fla. 4th DCA 1970). “28, no person acquiring a motor vehicle from the owner thereof, whether such owner be a dealer or otherwise, hereafter shall acquire a marketable title in or to said motor vehicle until he, she, or it shall have had issued to him, her or it a certificate of title to said motor…”
Castner v. Ziemer, 125 So. 2d 134 (Fla. 2d DCA 1960). · cites it 2× “Except as provided in §§ 319.21 and 319.28, no person acquiring a motor vehicle from the owner thereof, whether such owner be a dealer or otherwise, hereafter shall acquire a marketable title in or to said motor vehicle until he, she, or it shall have had issued to him, her or…”
In Re Chiodo, 250 B.R. 407 (Bankr. M.D. Fla. 2000). “22 provides in pertinent part: (1) Except as provided in §§ 319.21 and 319.28, a person acquiring a motor vehicle.”
Wheels Unlimited, Inc. v. Lamar, 492 So. 2d 785 (Fla. 5th DCA 1986). · cites it 2× “) appear to be licensed dealers who are permitted by section 319.21(2), Florida Statutes, to reassign an existing certificate of title in lieu of obtaining a new certificate of title.”
Stroman v. Orlando Bank & Trust Co., 239 So. 2d 621 (Fla. 4th DCA 1970). “28, no person acquiring a motor vehicle from the owner thereof, whether such owner be a dealer or otherwise, hereafter shall acquire a marketable title in or to said motor vehicle until he, she, or it shall have had issued to him, her or it a certificate of title to said motor…”
Harmony Homes, Inc. v. Zeit, 260 So. 2d 218 (Fla. 1st DCA 1972). “Appellant contends in this appeal that a purchaser of a mobile home must obtain a certificate of title or a manufacturer's statement of origin at the time of purchase in order to become a bona fide purchaser as against a manufacturer who claims title and possession.”
— 319.21(1) — 1 case
Florida Dept. of Corr. v. BLOUNT, ETC., 411 So. 2d 930 (Fla. 1st DCA 1982). “Blount argues that his case is governed by the provisions of Section 319.21(1), Florida Statutes: No manufacturer, distributor, dealer or other person shall sell or otherwise dispose of a new motor vehicle to a distributor, dealer or other person without delivering to such…”
— 319.21(2) — 6 cases
Lámar v. Wheels Unlimited, Inc., 513 So. 2d 135 (Fla. 1987). “Section 319.21(2), Florida Statutes (1985), provides in part: No person shall sell or otherwise dispose of a motor vehicle or mobile home without delivering to the purchaser or transferee thereof a certificate of title with such assignment thereon as may be necessary to show…”
Cochran v. Jones, 707 So. 2d 791 (Fla. 4th DCA 1998). “Without a current title certificate in either appellee's name issued prior to the seizure or a reassignment of a title certificate issued in this state from the Fort Lauderdale Collection to Jones or Florida European, as provided by section 319.21(2), Florida Statutes (1993),…”
Joel Strickland Enter. v. Atl. Disc. Co., 137 So. 2d 627 (Fla. 1st DCA 1962). “22(1) "Except as provided in §§ 319.21 [relating to new cars or purchase of used cars by dealers] and 319.”
Wheels Unlimited, Inc. v. Lamar, 492 So. 2d 785 (Fla. 5th DCA 1986). “) appear to be licensed dealers who are permitted by section 319.21(2), Florida Statutes, to reassign an existing certificate of title in lieu of obtaining a new certificate of title.”
Interstate SEC. Co. v. Hamrick's Auto Sales, Inc., 238 So. 2d 482 (Fla. 1st DCA 1970).
— 319.21(3) — 1 case
Sosa v. Hames, 581 F. Supp. 2d 1254 (S.D. Fla. 2008).
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