Florida Statute 319.35 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 319
TITLE CERTIFICATES

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F.S. 319.35

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).

(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.

(5) Any person who intentionally violates the provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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.

F.S. 319.35 on Google Scholar

F.S. 319.35 on Casetext

Amendments to 319.35

Arrestable Offenses / Crimes under Fla. Stat. 319.35

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

S319.35 - FRAUD - REMOVED - F: T

S319.35 1a - FRAUD - TAMPER WITH VEHICLE ODOMETER - F: T

S319.35 1b - FRAUD-FALSE STATEMENT - FALSE ODOMETER READING - F: T

S319.35 1c - FRAUD - POSS SELL DISPOSE MTR VEH W TAMPERED ODOMETER - F: T

S319.35 2a - FRAUD - VIOLATION NOTICE REPAIR REPLACEMENT ODOMETER - F: T

S319.35 2b - FRAUD - FAIL ADJUST ODOMETER AFFIX NOTICE AFTER REPAIR - F: T

S319.35 2c - FORGERY OF - REMOVE ALTER AFFIX ODOMETER NOTICE WIT DEFRAUD - F: T

S319.35 3 - FRAUD - UNLAWFULLY OPERATE VEH WITH TAMPER ODOMETER - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 319.35

Total Results: 8

City of Hollywood v. Mulligan

Court: Supreme Court of Florida | Date Filed: 2006-07-06

Citation: 934 So. 2d 1238, 31 Fla. L. Weekly Supp. 461, 2006 Fla. LEXIS 1476, 2006 WL 1837930

Snippet: violations); §§ 206.205, 316.80, 212.16, 316.191, 319.35, 317.0017, 316.1935, 320.30, 322.34, Fla. Stat

Batten v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-02-11

Citation: 895 So. 2d 490, 2005 Fla. App. LEXIS 1389, 2005 WL 320663

Snippet: (1999), and odometer fraud, a violation of section 319.35(l)(c), Florida Statutes (1999). The State introduced

Town of Oakland v. Mercer

Court: District Court of Appeal of Florida | Date Filed: 2003-08-01

Citation: 851 So. 2d 266, 2003 Fla. App. LEXIS 11727, 2003 WL 21766236

Snippet: Odometer fraud is a third degree felony, section 319.35(5), Fla. Stat.2000, which provides a possible basis

Aetna Casualty & Surety Co. v. Hubbel

Court: District Court of Appeal of Florida | Date Filed: 1998-01-30

Citation: 704 So. 2d 1141, 1998 Fla. App. LEXIS 703, 1998 WL 31521

Snippet: engaged in odometer fraud, in violation of section 319.35, Florida Statutes (1995). The dealer who tampered

State v. Nuckolls

Court: District Court of Appeal of Florida | Date Filed: 1996-06-14

Citation: 677 So. 2d 12, 1996 WL 324661

Snippet: Fla.Stat. [4] § 812.014(2), Fla.Stat. [5] § 319.35(1)(a), Fla.Stat. [6] § 831.01, Fla.Stat. [7]

United Pacific Ins. Co. v. Berryhill

Court: District Court of Appeal of Florida | Date Filed: 1993-06-25

Citation: 620 So. 2d 1077, 1993 Fla. App. LEXIS 6736, 1993 WL 221392

Snippet: and 320 in the conduct of its business. Section 319.35 makes it unlawful to knowingly tamper with or set

State v. Nuckolls

Court: District Court of Appeal of Florida | Date Filed: 1993-03-19

Citation: 617 So. 2d 724, 1993 Fla. App. LEXIS 3001, 1993 WL 74943

Snippet: 014(2), Forgery, F.S. 831.01, Odometer Fraud, F.S. 319.35(l)(a), Title Fraud, F.S. 319.33(l)(e), is contained

State v. Nuckolls

Court: District Court of Appeal of Florida | Date Filed: 1992-09-25

Citation: 606 So. 2d 1205, 1992 WL 235339

Snippet: Saufley, 574 So.2d 1207 (Fla. 5th DCA 1991). [2] § 319.35(1)(a), Fla. Stat. (1989). [3] § 831.01, Fla. Stat