Florida Statute 319.22 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 319
TITLE CERTIFICATES

View Entire Chapter

F.S. 319.22

319.22 Transfer of title.—

(1) Except as provided in ss. 319.21 and 319.28, a person acquiring a motor vehicle or mobile home from the owner thereof, whether or not the owner is a licensed dealer, shall not acquire marketable title to the motor vehicle or mobile home until he or she has had issued to him or her a certificate of title to the motor vehicle or mobile home; nor shall any waiver or estoppel operate in favor of such person against a person having possession of such certificate of title or an assignment of such certificate for such motor vehicle or mobile home for a valuable consideration. Except as otherwise provided herein, no court shall recognize the right, title, claim, or interest of any person in or to any motor vehicle or mobile home sold, disposed of, mortgaged, or encumbered, unless evidenced by a certificate of title duly issued to that person, in accordance with the provisions of this chapter.

(2)(a) An owner or co-owner who has made a bona fide sale or transfer of a motor vehicle or mobile home and has delivered possession thereof to a purchaser shall not, by reason of any of the provisions of this chapter, be deemed the owner or co-owner of such vehicle or mobile home so as to be subject to civil liability for the operation of such vehicle or mobile home thereafter by another when such owner or co-owner has fulfilled either of the following requirements:

1. When such owner or co-owner has made proper endorsement and delivery of the certificate of title as provided by this chapter. Proper endorsement shall be:

a. When a motor vehicle or mobile home is registered in the names of two or more persons as co-owners in the alternative by the use of the word “or,” such vehicle shall be held in joint tenancy. Each co-owner shall be deemed to have granted to the other co-owner the absolute right to dispose of the title and interest in the vehicle or mobile home, and the signature of any co-owner shall constitute proper endorsement. Upon the death of a co-owner, the interest of the decedent shall pass to the survivor as though title or interest in the vehicle or mobile home was held in joint tenancy. This provision shall apply even if the co-owners are husband and wife.

b. When a vehicle or mobile home is registered in the names of two or more persons as co-owners in the conjunctive by the use of the word “and,” the signature of each co-owner or his or her personal representative shall be required to transfer title to the vehicle or mobile home.

The department shall adopt suitable language to appear upon the certificate of title to effectuate the manner in which the interest in or title to the motor vehicle or mobile home is held.

2. When such owner or co-owner has delivered to the department, or placed in the United States mail, addressed to the department, either the certificate of title properly endorsed or a notice in the form prescribed by the department. In addition to the information required by the department under this subparagraph, the notice must also contain the information required under paragraph (b) when the title being transferred is to a motor vehicle.

(b) An owner or co-owner who has made a bona fide sale or transfer of a motor vehicle and has delivered possession thereof to a purchaser shall notify the department within 30 days after the sale or transfer in the form prescribed by the department. Notice by such owner or co-owner under this paragraph shall satisfy the notice requirement under subparagraph (a)2. for limitation of liability under paragraph (a). The notification shall include the vehicle identification number and the buyer’s full first name, middle initial, last name, and personal or business identification, which may include, but need not be limited to, a driver license number, Florida identification card number, or federal employer identification number, and any information required by the department. This paragraph shall not apply to any transfer or sale to or by a licensed motor vehicle dealer or to an insurer who has taken possession or is taking possession of the vehicle or the title thereto pursuant to a policy of insurance.

(c) The department shall inform the motor vehicle owner or co-owner of the requirements of this subsection with the issuance of each certificate of title to a motor vehicle. The information may be printed on the certificate of title or on a separate form that is included with the certificate.

(3) In the case of a private or casual sale, except for transfers by a surviving spouse as provided by s. 319.28, no title shall be accepted for transfer unless the name of the person who is selling the vehicle is shown as the owner on the face of the title. For the purposes of this subsection, a private or casual sale is a sale or assignment of motor vehicle or mobile home ownership in which none of the parties to the transaction is a licensed dealer and none of the parties is an insurer who has taken possession or is taking possession of the vehicle or the title thereto pursuant to a policy of insurance.

(4) Each certificate of title shall contain a labeled place for the seller’s price to be indicated. No title shall be accepted for transfer by any county tax collector or other agent of the state unless the sales price is entered in the appropriately labeled place on the certificate of title by the seller, if a labeled place is provided. This subsection does not apply to any transfer of motor vehicle or mobile home ownership by a licensed dealer.

(5) It is illegal to transfer title to a motor vehicle when the purchaser’s name does not appear on the title. Any buyer or seller who knowingly and willfully violates this subsection with intent to commit fraud commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 3, ch. 23658, 1947; s. 2, ch. 25150, 1949; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 1, ch. 79-333; s. 196, ch. 81-259; s. 1, ch. 81-291; s. 6, ch. 82-134; s. 1, ch. 83-91; s. 11, ch. 89-333; s. 337, ch. 95-148; s. 8, ch. 95-333; s. 9, ch. 2002-235; s. 1, ch. 2009-206.

F.S. 319.22 on Google Scholar

F.S. 319.22 on Casetext

Amendments to 319.22

Arrestable Offenses / Crimes under Fla. Stat. 319.22

Level: Degree
Misdemeanor/Felony: First/Second/Third

S319.22 5 - FRAUD - TRANSFER MTR VEH TITLE WO BUYER NAME - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 319.22

Total Results: 20

Euro Nut Auto Repair, LLC v. Gary Williams

Court: District Court of Appeal of Florida | Date Filed: 2024-07-10

Snippet: 1988) (rejecting the argument that under section 319.22(1), Florida Statutes (1985), a plaintiff did not

SCOTT WALLS v. ROADWAY, INC., etc.

Court: District Court of Appeal of Florida | Date Filed: 2023-09-20

Snippet: title for the vehicle and thus, under section 319.22, Florida Statutes, he has no standing to pursue

GUSTAVO RAMIREZ-LUCAS v. JOHN HUTCHINSON and ANDREW HUTCHINSON

Court: District Court of Appeal of Florida | Date Filed: 2019-08-14

Snippet: transfer of the vehicle as required under section 319.22, Florida Statutes. Nor did the Son deliver the

Robert L. Christensen v. Mary Jo Bowen

Court: Supreme Court of Florida | Date Filed: 2014-04-10

Citation: 140 So. 3d 498, 39 Fla. L. Weekly Supp. 214, 2014 WL 1408557, 2014 Fla. LEXIS 1207

Snippet: to possess and use the vehicle. See § 319.22(2)(a)(1)(a), Fla. Stat. (2013) (“When a motor vehicle

Exotic Motorcars & Jewelry, Inc. v. Essex Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2013-04-03

Citation: 111 So. 3d 208, 2013 Fla. App. LEXIS 5336, 2013 WL 1316387

Snippet: to file dealer reassignment forms. See, e.g., §§ 319.22, 319.23 & 320.27, Fla. Stat. (2010). Whether Exotic

Bowen v. Taylor-Christensen

Court: District Court of Appeal of Florida | Date Filed: 2012-08-31

Citation: 98 So. 3d 136, 2012 Fla. App. LEXIS 14627, 2012 WL 3758626

Snippet: holds legal title or conditional sales vendee); § 319.22(2), Fla. Stat. (2005) (incomplete transfer — transferor

LAURITSEN v. Wallace

Court: District Court of Appeal of Florida | Date Filed: 2011-04-01

Citation: 67 So. 3d 285, 2011 Fla. App. LEXIS 4666, 2011 WL 1195873

Snippet: deemed to be assets of a decedent's estate); § 319.22(2)(a)1., Fla. Stat. (2007) (ownership of a motor

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

Court: Supreme Court of Florida | Date Filed: 2010-03-04

Citation: 35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Snippet: has complied with all the requirements of F.S. 319.22, is not liable for its negligent operation. See

Challenger Investment Group, LC v. Jones

Court: District Court of Appeal of Florida | Date Filed: 2009-09-30

Citation: 20 So. 3d 941, 2009 Fla. App. LEXIS 14598, 2009 WL 3100997

Snippet: the Joneses executed a promissory note for $301,319.22 in favor of the sellers, Cucamonga, LLC, Deloris

Maroone Chevrolet, L.L.C. v. Suntrust Bank

Court: District Court of Appeal of Florida | Date Filed: 2005-06-22

Citation: 904 So. 2d 618, 2005 Fla. App. LEXIS 9714, 2005 WL 1458751

Snippet: Maroone's second contention on appeal, section 319.22(1), Florida Statutes, would not operate to prevent

Xayavong v. Sunny Gifts, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-12-03

Citation: 891 So. 2d 1075, 2004 WL 2782282

Snippet: Associates, 780 So.2d 45 (Fla.2001), and section 319.22, Florida Statutes (2003), in connection with a

Standard Jury Instructions-Civil Cases (No. 02-1)

Court: Supreme Court of Florida | Date Filed: 2002-09-12

Citation: 828 So. 2d 377, 2002 Fla. LEXIS 1890, 2002 WL 31027350

Snippet: returned.] Note on use of S.Sa requirements of § 319.22, Fla. Stat., is not hable for its negligent operation

Aurbach v. Gallina

Court: Supreme Court of Florida | Date Filed: 2000-02-03

Citation: 753 So. 2d 60, 2000 WL 124392

Snippet: specific requirements set forth in the statute. See § 319.22(2) Fla. Stat. (1997). [4] In fact, the only testimony

Kitchen v. K-Mart Corp.

Court: Supreme Court of Florida | Date Filed: 1997-07-17

Citation: 697 So. 2d 1200, 22 Fla. L. Weekly Supp. 435, 1997 Fla. LEXIS 1052, 1997 WL 417280

Snippet: seller after a bona fide transfer of the vehicle. § 319.22(2), Fla. Stat. (1981). Thus, we concluded in Horne

Robinson v. Robinson

Court: District Court of Appeal of Florida | Date Filed: 1995-03-15

Citation: 651 So. 2d 1271, 1995 WL 106264

Snippet: or his wife because 1979 amendments to section 319.22(2) providing use of disjunctive in title creates

Amsouth Bank of Florida v. Hepner

Court: District Court of Appeal of Florida | Date Filed: 1994-11-29

Citation: 647 So. 2d 907, 1994 Fla. App. LEXIS 11387, 1994 WL 664097

Snippet: more than one person. Since amendment of section 319.22, Florida Statutes, by chapter 79-333, section 1

Roberts v. Auto Plan, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1994-01-28

Citation: 632 So. 2d 642, 1994 Fla. App. LEXIS 319, 1994 WL 22579

Snippet: drive. The Home case relies extensively on section 319.-22(2), Florida Statutes (1991), which relieves a seller

Palm Beach Auto Brokers, Inc. v. DeCarlo

Court: District Court of Appeal of Florida | Date Filed: 1993-06-23

Citation: 620 So. 2d 250, 23 U.C.C. Rep. Serv. 2d (West) 86, 1993 Fla. App. LEXIS 6652, 1903 WL 848

Snippet: the legal title to the automobile under section 319.22(2) Florida Statutes (1985), and did not do so until

Kudravcev v. Vernon Scott Motors, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-04-20

Citation: 616 So. 2d 1185, 1993 Fla. App. LEXIS 4538, 1993 WL 120547

Snippet: *1186Garcia v. Duffy, 492 So.2d 435 (Fla. 2d DCA 1986); § 319.22(2), Fla.Stat. (1991).

Green Tree Acceptance, Inc. v. Zimerman

Court: District Court of Appeal of Florida | Date Filed: 1993-01-13

Citation: 611 So. 2d 608, 19 U.C.C. Rep. Serv. 2d (West) 1077, 1993 Fla. App. LEXIS 93, 1992 WL 401967

Snippet: of title to the motor vehicle or mobile home. § 319.22(1), Fla. Stat. (1989). The purchaser's failure