Florida Statute 319.28 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 319
TITLE CERTIFICATES

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F.S. 319.28

319.28 Transfer of ownership by operation of law.—

(1)(a) In the event of the transfer of ownership of a motor vehicle or mobile home by operation of law as upon inheritance, devise or bequest, order in bankruptcy, insolvency, replevin, attachment, execution, or other judicial sale or whenever the engine of a motor vehicle is replaced by another engine or whenever a motor vehicle is sold to satisfy storage or repair charges or repossession is had upon default in performance of the terms of a security agreement, chattel mortgage, conditional sales contract, trust receipt, or other like agreement, and upon the surrender of the prior certificate of title or, when that is not possible, presentation of satisfactory proof to the department of ownership and right of possession to such motor vehicle or mobile home, and upon payment of the fee prescribed by law and presentation of an application for certificate of title, the department may issue to the applicant a certificate of title thereto.

(b) When the application for a certificate of title is made by an heir of a previous owner who died intestate, it shall not be necessary to accompany the application with an order of a probate court if the applicant files with the department an affidavit that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate. If the previous owner died testate, the application shall be accompanied by a certified copy of the will, if probated, and an affidavit that the estate is solvent with sufficient assets to pay all just claims or, if the will is not being probated, by a sworn copy of the will and an affidavit that the estate is not indebted.

(c) If the previous owner died testate and the application for a certificate of title is made by, and accompanied by an affidavit attested by, a Florida-licensed attorney in good standing with The Florida Bar, such affidavit shall, for purposes of paragraph (a), establish a presumption of ownership, absent information received to the contrary, and right of possession to the motor vehicle or mobile home, so long as the affidavit sets forth the rightful heir or heirs and the attorney attests in the affidavit that such heir or heirs are lawfully entitled to the rights of ownership and possession of the motor vehicle or mobile home. It is not necessary for the application for certificate of title filed under this paragraph to be accompanied by a copy of the will or other testamentary instrument.

(d) If a surviving spouse who would be entitled to issuance of a certificate of title under paragraph (b) wishes to dispose of the vehicle rather than retaining it for his or her own use, the surviving spouse shall not be required to obtain a certificate of title in his or her own name, but may assign to the transferee the certificate of title which was issued to the decedent. An application for a certificate of title by an applicant taken through such a surviving spouse under this paragraph shall be accompanied by the same documentation as would an application by a surviving spouse under paragraph (b), which documentation shall be supplied to the transferee by the surviving spouse.

(e) A mobile home that is repossessed is exempt from registration if the mobile home is not transferred or titled for occupancy.

(2)(a) Except as provided in paragraph (b), only an affidavit by the person, or agent of the person, to whom possession of such motor vehicle or mobile home has so passed, setting forth facts entitling him or her to such possession and ownership, together with a copy of the journal entry, court order, or instrument upon which such claim of possession and ownership is founded, shall be considered satisfactory proof of ownership and right of possession.

(b) In case of repossession of a motor vehicle or mobile home pursuant to the terms of a security agreement or similar instrument, an affidavit by the party to whom possession has passed stating that the vehicle or mobile home was repossessed upon default in the terms of the security agreement or other instrument shall be considered satisfactory proof of ownership and right of possession. At least 5 days prior to selling the repossessed vehicle, any subsequent lienholder named in the last issued certificate of title shall be sent notice of the repossession by certified mail, on a form prescribed by the department. If such notice is given and no written protest to the department is presented by a subsequent lienholder within 15 days after the date on which the notice was mailed, the certificate of title shall be issued showing no liens. If the former owner or any subsequent lienholder files a written protest under oath within such 15-day period, the department shall not issue the certificate of title for 10 days thereafter. If within the 10-day period no injunction or other order of a court of competent jurisdiction has been served on the department commanding it not to deliver the certificate of title, the department shall deliver the certificate of title to the applicant or as may otherwise be directed in the application showing no other liens than those shown in the application. Any lienholder who has repossessed a vehicle in this state in compliance with the provisions of this section must apply to a tax collector’s office in this state or to the department for a certificate of title pursuant to s. 319.323. Proof of the required notice to subsequent lienholders shall be submitted together with regular title fees. Any person found guilty of violating any requirements of this paragraph shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If the applicant for a certificate of title under this section cannot produce satisfactory proof of ownership and right of possession, he or she may submit such evidence as he or she may have, and the department may thereupon, if it finds the evidence sufficient, issue a certificate of title.

(3) A dealer of industrial equipment who conducts a repossession, as defined in s. 493.6101(22), of such equipment is not subject to licensure as a recovery agent or recovery agency if the dealer is regularly engaged in the sale of the equipment for a particular manufacturer, the lender is affiliated with that manufacturer, and the dealer uses his or her own employees to make such repossessions.

History.—s. 9, ch. 23658, 1947; ss. 1, 2, ch. 23723, 1947; s. 7, ch. 25150, 1949; s. 8, ch. 28184, 1953; s. 1, ch. 61-446; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 13, ch. 82-134; s. 10, ch. 83-218; s. 344, ch. 95-148; s. 9, ch. 95-333; s. 15, ch. 96-413; s. 257, ch. 99-248; s. 113, ch. 2002-20; s. 14, ch. 2010-223; s. 24, ch. 2012-181; s. 24, ch. 2013-160; s. 1, ch. 2024-272.

F.S. 319.28 on Google Scholar

F.S. 319.28 on CourtListener

Amendments to 319.28

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 319.28

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

S319.28 1b - PUBLIC ORDER CRIMES - VIOL OF DOC REQ FOR REPOSSESSED MOTOR VEHICLES - F: T

S319.28 2b - PUBLIC ORDER CRIMES - FAIL TO TRANSF OWNERSHIP VEH M/H - F: T

S319.28 2b - PUBLIC ORDER CRIMES - FAILURE TO DISCLOSE VEH SOLD WAS REPOSSESSED - F: T

Cases Citing Statute 319.28

Total Results: 18

Bell-Tel Federal Credit Union v. Kalter

292 F.3d 1350, 48 Collier Bankr. Cas. 2d 474, 48 U.C.C. Rep. Serv. 2d (West) 411, 2002 U.S. App. LEXIS 10827, 39 Bankr. Ct. Dec. (CRR) 186, 2002 WL 1270182

Court of Appeals for the Eleventh Circuit | Filed: Jun 7, 2002 | Docket: 397408

Cited 35 times | Published

Vehicles (“Florida DMV”). See Fla. Stat. § 319.28(l)(a) (“In the event of the transfer of ownership

McQueen v. M. & J. FINANCE CORP.

59 So. 2d 49, 1952 Fla. LEXIS 1628

Supreme Court of Florida | Filed: May 20, 1952 | Docket: 1249454

Cited 8 times | Published

car bore license plates of that state. Under Section 319.28, Florida Statutes 1949, and F.S.A., the commissioner

Bell-Tel Federal Credit Union v. Kalter (In Re Kalter)

257 B.R. 93, 43 U.C.C. Rep. Serv. 2d (West) 1003, 2000 U.S. Dist. LEXIS 20521, 2000 WL 1881807

District Court, M.D. Florida | Filed: Dec 14, 2000 | Docket: 2449188

Cited 6 times | Published

Florida. However, the law in Florida Statute Section 319.28(1)(b) makes it clear that upon repossession

In Re Chiodo

250 B.R. 407, 13 Fla. L. Weekly Fed. B 246, 2000 Bankr. LEXIS 734, 2000 WL 943830

United States Bankruptcy Court, M.D. Florida | Filed: Feb 18, 2000 | Docket: 1103648

Cited 5 times | Published

relevant exception to this rule is contained in Section 319.28 of the Florida Statutes, which provides in

Johnson v. Aetna Life & Cas. Co.

472 So. 2d 859, 10 Fla. L. Weekly 1741, 1985 Fla. App. LEXIS 15002

District Court of Appeal of Florida | Filed: Jul 16, 1985 | Docket: 2517766

Cited 5 times | Published

legal owner of the Toyota by operation of law. See § 319.28, Fla. Stat. (1981). Second, it is clear that Joyce

Cox v. DEPARTMENT OF HIGHWAY SAFETY

881 So. 2d 641, 2004 WL 1799771

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1748721

Cited 4 times | Published

had issued an affidavit of repossession under section 319.28, Florida Statutes (2002). Cox replied that

In Re Iferd

225 B.R. 501, 12 Fla. L. Weekly Fed. B 41, 37 U.C.C. Rep. Serv. 2d (West) 1209, 1998 Bankr. LEXIS 1223, 1998 WL 678113

United States Bankruptcy Court, N.D. Florida | Filed: Sep 22, 1998 | Docket: 1791550

Cited 4 times | Published

Under § 319.22, Except as provided in . . . [section] 319.28, a person acquiring a motor vehicle . . . from

In Re Shunnarah

268 B.R. 657, 15 Fla. L. Weekly Fed. B 35, 2001 Bankr. LEXIS 1358, 2001 WL 1265803

United States Bankruptcy Court, M.D. Florida | Filed: Aug 16, 2001 | Docket: 1488021

Cited 3 times | Published

creditor appealed to the district court. Relying upon § 319.28 of the Florida Statutes which deals with the transfer

Baker v. Health Services Credit Union (In Re Baker)

264 B.R. 759, 2001 Bankr. LEXIS 1042, 2001 WL 845371

United States Bankruptcy Court, M.D. Florida | Filed: Jul 26, 2001 | Docket: 1594515

Cited 3 times | Published

certificate of title is issued under Florida Statutes § 319.28. See id. Therefore, the bankruptcy court concluded

In Re Ragan

264 B.R. 776, 14 Fla. L. Weekly Fed. B 322, 2001 Bankr. LEXIS 870

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 10, 2001 | Docket: 1587849

Cited 3 times | Published

particular support in the language of Florida Statute § 319.28(1)(b) referring to the party from whom the vehicle

In Re Garcia

276 B.R. 699, 15 Fla. L. Weekly Fed. B 139, 48 Collier Bankr. Cas. 2d 1276, 2002 Bankr. LEXIS 383, 39 Bankr. Ct. Dec. (CRR) 122

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 1, 2002 | Docket: 1477291

Cited 2 times | Published

particular support in the language of Florida Statute § 319.28(1)(b) referring to the party from whom the vehicle

Bowen v. Taylor-Christensen

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

District Court of Appeal of Florida | Filed: Aug 31, 2012 | Docket: 60312192

Cited 1 times | Published

or she is the owner of a car to obtain title. § 319.28, Fla. Stat. (2012). Had Appellee desired to make

In Re Diaz

416 B.R. 902, 22 Fla. L. Weekly Fed. B 165, 70 U.C.C. Rep. Serv. 2d (West) 85, 2009 Bankr. LEXIS 3332

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 15, 2009 | Docket: 1492736

Cited 1 times | Published

Specifically, the court held that Fla. Stat. § 319.28(2)(b) expressly recognizes that ownership transfers

In Re Menasche

301 B.R. 757, 51 Collier Bankr. Cas. 2d 428, 17 Fla. L. Weekly Fed. B 1, 52 U.C.C. Rep. Serv. 2d (West) 286, 2003 Bankr. LEXIS 1573

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 7, 2003 | Docket: 1666721

Cited 1 times | Published

marketable title is only evidence of ownership, § 319.28[7] recognizes that" repossession is an event of

Woodard v. Chesley (In re Chesley)

550 B.R. 903

United States Bankruptcy Court, M.D. Florida | Filed: May 4, 2016 | Docket: 65788676

Published

for transfers by operation of law, in Fla. Stat § 319.28, which include transfers by “inheritance, devise

In Re Zajni

403 B.R. 891, 2008 Bankr. LEXIS 3992, 2008 WL 5784517

United States Bankruptcy Court, M.D. Florida | Filed: Oct 10, 2008 | Docket: 1462262

Published

The statute provides an exception (embodied in § 319.28(1))[2] for a vehicle which has been transferred

In Re Johnson

328 B.R. 234, 18 Fla. L. Weekly Fed. B 319, 60 U.C.C. Rep. Serv. 2d (West) 1316, 54 Collier Bankr. Cas. 2d 1517, 2005 Bankr. LEXIS 1332, 2005 WL 1719306

United States Bankruptcy Court, M.D. Florida | Filed: Jul 19, 2005 | Docket: 1448865

Published

Certificate Statute and concluded under Fla. Stat. § 319.28, titled "Transfer of Ownership by Operation of

In re Martinez

283 B.R. 326, 15 Fla. L. Weekly Fed. B 242, 2001 Bankr. LEXIS 2028, 2001 WL 34019529

United States Bankruptcy Court, M.D. Florida | Filed: Nov 5, 2001 | Docket: 65782467

Published

and the repossessing creditors by virtue of Fla.Stat. 319.28(b). Accordingly, it is ORDERED, ADJUDGED AND