Florida Statutes
Fla. Stat. § 319.35 (2025)
Unlawful acts in connection with motor vehicle odometer readings; penalties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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319.35 Unlawful acts in connection with motor vehicle odometer readings; penalties.—
(1)(a) It is unlawful for any person knowingly to tamper with, adjust, alter, set back, disconnect, or fail to connect an odometer of a motor vehicle, or to cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the motor vehicle has actually been driven, or to supply any written odometer statement knowing such statement to be false or based on mileage figures reflected by an odometer that has been tampered with or altered, except as hereinafter provided. It is unlawful for any person to knowingly bring into this state a motor vehicle which has an odometer that has been illegally altered.
(b) It is unlawful for any person to knowingly provide false information on the odometer readings required pursuant to ss. 319.23(3) and 320.02(2)(b).
(c) It is unlawful for any person to knowingly possess, sell, or offer for sale, conceal, or dispose of in this state a motor vehicle with an odometer that has been tampered with so as to reflect a lower mileage than the motor vehicle has actually been driven, except as provided in paragraph (2)(a) and subsection (3).
(2)(a) This section does not prevent the service, repair, or replacement of an odometer if the mileage indicated thereon remains the same as before the service, repair, or replacement. If the odometer is incapable of registering the same mileage as before such service, repair, or replacement, the odometer must be adjusted to read zero and a notice in writing must be attached to the door frame of the vehicle by the owner or his or her agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced.
(b) A person may not fail to adjust an odometer or affix a notice regarding such adjustment as required by paragraph (a).
(c) A person may not, with intent to defraud, remove or alter any notice affixed to a motor vehicle under paragraph (a).
(3) Any motor vehicle with an odometer that has been tampered with so as to reflect a lower mileage than the motor vehicle has actually been driven may not be knowingly operated on the streets and highways of the state in such condition unless the certificate of title and registration certificate of the vehicle have been conspicuously stamped so as to indicate the displayed mileage is inaccurate and written notice has been placed on the vehicle as described in paragraph (2)(a).
(4) If any person, with intent to defraud, possesses, sells, or offers to sell any motor vehicle with an odometer that has been illegally adjusted, altered, set back, or tampered with so as to reflect a lower mileage than the vehicle has actually been driven, such motor vehicle is contraband and is subject to seizure and forfeiture by a law enforcement agency or the department pursuant to ss. 932.701-932.704.
History.—ss. 1, 2, 3, 4, 5, 6, ch. 70-233; s. 2, ch. 71-242; s. 191, ch. 71-136; s. 1, ch. 78-183; s. 20, ch. 82-134; s. 3, ch. 83-91; s. 1, ch. 84-155; s. 1, ch. 91-138; s. 26, ch. 95-143; s. 348, ch. 95-148.
Notes of Decisions
Cited in 7
cases, 1992–2005 · leading case: State v. Nuckolls, 606 So. 2d 1205 (Fla. 5th DCA 1992).
State v. Nuckolls, 606 So. 2d 1205 (Fla. 5th DCA 1992). “[2] § 319.35(1)(a), Fla. Stat. (1989). [3] § 831.”
State v. Nuckolls, 677 So. 2d 12 (Fla. 5th DCA 1996). “[5] § 319.35(1)(a), Fla.Stat. [6] § 831.01, Fla.”
Town of Oakland v. Mercer, 851 So. 2d 266 (Fla. 5th DCA 2003). “NOTES [1] Odometer fraud is a third degree felony, section 319.35(5), Fla. Stat.2000, which provides a possible basis for forfeiture.”
United Pac. Ins. Co. v. Berryhill, 620 So. 2d 1077 (Fla. 5th DCA 1993). “The statute requires that the surety bond must contain the following conditions: that the dealer will comply with any written contract made in connection with the sale or exchange of a motor vehicle, and that the dealer will not violate any of the provisions of chapter 319 and…”
Aetna Cas. & Sur. Co. v. Hubbel, 704 So. 2d 1141 (Fla. 5th DCA 1998). “The plaintiffs first filed suit against the wrongful dealer alleging deceptive and unfair trade practices and obtained a judgment.”
Batten v. State, 895 So. 2d 490 (Fla. 2d DCA 2005). “See §§ 319.35, 812.014. If the trial court had sustained Batten’s objection and excluded evidence of the classified ads, the prosecutor would have been unable to rely on them to make these arguments on the critical issue of intent.”
State v. Nuckolls, 617 So. 2d 724 (Fla. 5th DCA 1993). “01, Odometer Fraud, F.S. 319.35(l)(a), Title Fraud, F.S. 319.”
— 319.35(1)(a) — 2 cases
State v. Nuckolls, 606 So. 2d 1205 (Fla. 5th DCA 1992). “[2] § 319.35(1)(a), Fla. Stat. (1989). [3] § 831.”
State v. Nuckolls, 677 So. 2d 12 (Fla. 5th DCA 1996). “[5] § 319.35(1)(a), Fla.Stat. [6] § 831.01, Fla.”
— 319.35(5) — 1 case
Town of Oakland v. Mercer, 851 So. 2d 266 (Fla. 5th DCA 2003). “NOTES [1] Odometer fraud is a third degree felony, section 319.35(5), Fla. Stat.2000, which provides a possible basis for forfeiture.”
— 319.35(l)(a) — 1 case
State v. Nuckolls, 617 So. 2d 724 (Fla. 5th DCA 1993). “01, Odometer Fraud, F.S. 319.35(l)(a), Title Fraud, F.S. 319.”
— 319.35(l)(c) — 1 case
Batten v. State, 895 So. 2d 490 (Fla. 2d DCA 2005). “See §§ 319.35, 812.014. If the trial court had sustained Batten’s objection and excluded evidence of the classified ads, the prosecutor would have been unable to rely on them to make these arguments on the critical issue of intent.”
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