The 2023 Florida Statutes (including Special Session C)
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. . . responded that summary judgment was properly entered because it established the elements of section 319.33 . . . The Third District allowed the forfeiture of a vehicle under section 319.33 because the City alleged . . . Here, the defendant violated section 319.33(1)(e), which provides it is unlawful "[t]o use a false or . . . The Escalade was also contraband under section 319.33(1)(e). . . . ." § 319.33(1)(e), Fla. Stat. (2016). . . .
. . . motor vehicle identification number “has been destroyed, removed, covered, altered, or defaced,” § 319.33 . . .
. . . identification numbers, applications and certificates, Florida State Statutes, 812.014, 831.01, and 319.33 . . .
. . . selling or possessing a motor vehicle with altered vehicle identification numbers, a violation of section 319.33 . . .
. . . . §§ 319.33(l)(a), 812.014(2)(c)(6), Fla. Stat. (1997). . . .
. . . VINs and seven modified Federal Safety Standard Stickers, a violation of sections 319.30(5)(b) and 319.33 . . .
. . . consistent with the title, the City filed a complaint for forfeiture based on a violation of section 319.33 . . . has been destroyed, removed, covered, altered, or defaced, with knowledge of such destruction ...” § 319.33 . . . The defendant in Cooper was convicted of violating section 319.33(l)(d) and appealed, arguing that the . . . majority rejected that contention, explaining: It is clear that the legislative intent for section 319.33 . . . Construing section 319.33(l)(d) most favorably to the appellant, we find no violation. Affirmed. . . .
. . . . § 319.33(d), Fla. Stat. (1995). . . .
. . . motor vehicle with an altered vehicle identification number, contrary to sections 812.014(l)(c)6 and 319.33 . . . Section 319.33(l)(d), Florida Statutes (1997), makes it unlawful to “possess ... a motor vehicle ... . . . Section 319.33(l)(d) requires that a defendant’s possession be “with knowledge” of the destruction, alteration . . . No other fact in evidence suggests the requisite state of mind for a section 319.33(l)(d) violation, . . .
. . . because the State failed to allege an intent to defraud as an element of the offense described in section 319.33 . . .
. . . probable cause to seize the vehicle; apparently, the court determined that it was contraband under section 319.33 . . . That statute provides in part the following: 319.33 Offenses involving vehicle identification numbers . . .
. . . “Obtaining A License Tag By Fraud,” but the body of the information charged a violation of section 319.33 . . . defendant’s] conduct, although perhaps prohibited by some other statute, is neither condemned by section 319.33 . . .
. . . of a stolen automobile which because of the VIN alterations was rendered “contraband” pursuant to § 319.33 . . . The pertinent part of section 319.33(7)(a) and (b), Florida Statutes (1993) dealing with motor vehicles . . .
. . . . § 319.33(l)(e), Fla.Stat. . § 117.09(2), Fla.Stat. . § 895.02(3) provides: “Enterprise” means any individual . . .
. . . these same elements must be proven with regard to a violation of the prior charge pursuant to section 319.33 . . . However, we do not agree that section 319.33(l)(d) has any of the same elements. . . . Section 319.33(6) provides that any person who violates section 319.33 is guilty of a felony of the third . . . Const. . § 319.33(l)(d), Fla.Stat. . See Blockburger v. . . . Section 319.33 provides as follows: 319.33 Offenses involving vehicle identification numbers, applications . . .
. . . See §§ 319.33(l)(e), 320.131, Fla.Stat. (1991). Of equal interest, Mr. . . .
. . . . § 319.33(1)(d), Fla.Stat. (1991). .§ 812.022, Fla.Stat. (1991). . . .
. . . Theft, F.S. 812.014(2), Forgery, F.S. 831.01, Odometer Fraud, F.S. 319.35(l)(a), Title Fraud, F.S. 319.33 . . .
. . . The body of the information, however, charged a violation of section 319.33, Florida Statutes, a statute . . . Troyer’s conduct, although perhaps prohibited by some other statute, is neither condemned by section 319.33 . . .
. . . . § 319.33, Fla.Stat. (1989). . § 117.09(2), Fla.Stat. (1989). . . . .
. . . possession of a motor vehicle with a removed vehicle identification number in violation of section 319.33 . . . Section 319.33(1)(d) provides that it is an offense to possess a motor vehicle “on which the motor number . . . It is clear that the legislative intent for section 319.33(1)(d) was to provide for ready ascertainment . . . Section 319.33(l)(d) makes it an offense to possess a motor vehicle on which the motor number or vehicle . . .
. . . making a false statement in an application for a vehicle title (Count IX), in violation of section 319.33 . . .
. . . and that, pursuant to section 319.33(6), the vehicle was subject to forfeiture. . . . Section 319.33(l)(e) provides that: “It is unlawful ... . . . Section 319.33(6) provides that “[a]ny person who violates any provision of this section is guilty of . . . vehicle was used in violation of section 319.33. . . . subject to forfeiture any vehicle used in violation of section 319.33. . . .
. . . intent to commit fraud in an application for a motor vehicle registration and/or title in violation of § 319.33 . . . Although not raised by the sworn motion to dismiss, it appears that § 319.33(1)(e) applies only to motor . . . To the extent the State has utilized § 319.33(1)(e) to charge false statement in an application for a . . .
. . . Sections 319.33(l)(e), 319.33(4), Fla.Stat. (1985). . . . concerning the title certificate would appear to be more closely related to section 843.02 than to section 319.33 . . . further indicate that that conduct was not meant by the legislature to be encompassed within section 319.33 . . . commission of the crime of fraudulently obtaining either an automobile title certificate under section 319.33 . . .
. . . offenses involving vehicle identification numbers, applications, and certificates as proscribed by § 319.33 . . .
. . . In support of his contention he quotes Florida Statute 319.33(1) which provides in part as follows: “ . . .
. . . Section 319.33(l)(e), as noted above, requires that the false statement allegedly made by the defendant . . .
. . . Ronald Elliott was also charged with violating section 319.33(1), which prohibits making false statements . . . The state charged appellant with violating section 319.33(l)(e) by making a false statement in an application . . . Section 319.33(l)(e) provides: It is unlawful: To use a false or fictitious name, give a false or fictitious . . . Accordingly, we vacate Ronald Elliott’s conviction for violating section 319.33(l)(e). . . .
. . . charge of sale of a motor vehicle with an altered or destroyed motor number, in violation of section 319.33 . . . Section 319.33(l)(d) provides: (1) It is unlawful: (d) To sell or offer for sale in this state a motor . . . As we read section 319.33(l)(d), this statute requires only knowledge of the alteration or destruction . . . (l)(d), requires a specific intent not required under section 319.33(l)(d), yet imposes a less harsh . . . Section 319.33 provides: (1)It is unlawful: (a) To alter or forge any certificate of title to a motor . . .
. . . The state charged Mike Kennedy with violation of section 319.33(l)(d), Florida Statutes (1979), alleging . . .
. . . knowingly obtaining money by means of a forged motor vehicle certificate of title, which is forbidden by § 319.33 . . . 831.02, Fla.Stat. (1977) and (b) because the legislature’s specific treatment of such certificates in § 319.33 . . . Moreover, since the specific certificate of title criminal provisions contained in § 319.33, Fla.Stat . . . as to both charges because he did not possess the “specific intent” to defraud required under both § 319.33 . . . which the “specific” statute provided for a lesser penalty than the general one, violations of both § 319.33 . . .
. . . . § 319.33(1) (d) (1971) was insufficient to show that at the time she sold the stolen automobile she . . . Fla.Stat. § 319.33(1) (d) is a specific intent crime and as such the State has the burden of affirmatively . . . Fla.Stat. § 319.33(1) (d) (1971) provides: “ (1) It is unlawful: ' * * * * * “(d) To sell or offer for . . .
. . . manufacturer’s serial number has been destroyed, removed, covered, altered or defaced, contrary to F.S. 319.33 . . . Section 319.33, F.S.A. reads: “319.33 Alteration or forgery; procuring or passing certificate covering . . .
. . . manufacturer’s serial number has been destroyed, removed, covered, altered or defaced, contrary to F.S. 319.33 . . . Finally the petitioners argue that the information as worded does not charge an offense in violation of §319.33 . . . It appearing that probable cause may exist to believe that the said petitioner has violated §319.33, . . . It appearing that probable cause may exist to believe that the said petitioner has violated §319.33, . . .
. . . name in the purchase of different motor vehicles on different dates contrary to the provisions of Sec. 319.33 . . .
. . . We hold that no fraud was committed, under § 319.33 and § 817.02 of the Florida statutes, F.S.A. . . .
. . . Sec. 319.33, Fla.Stat., F.S.A., makes it a crime for anyone to alter or forge a certificate of title . . .
. . . admitted liability on plaintiff’s claim described in paragraph IV of the complaint, in the sum of $319.33 . . . described in paragraph IV of the complaint, in the sum of Three Hundred Nineteen and 33/100 Dollars ($319.33 . . .