Florida Statute 817.52 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.52

817.52 Obtaining vehicles with intent to defraud, failing to return hired vehicle, or tampering with mileage device of hired vehicle.—

(1) OBTAINING BY TRICK, FALSE REPRESENTATION, ETC.—Whoever, with intent to defraud the owner or any person lawfully possessing any motor vehicle, obtains the custody of such motor vehicle by trick, deceit, or fraudulent or willful false representation shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) HIRING WITH INTENT TO DEFRAUD.—Whoever, with intent to defraud the owner or any person lawfully possessing any motor vehicle of the rental thereof, hires a vehicle from such owner or such owner’s agents or any person in lawful possession thereof shall, upon conviction, be deemed guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The absconding without paying or offering to pay such hire shall be prima facie evidence of such fraudulent intent.

(3) FAILURE TO REDELIVER HIRED VEHICLE.—Whoever, after hiring a motor vehicle under an agreement to redeliver the same to the person letting such motor vehicle or his or her agent, at the termination of the period for which it was let, shall, without the consent of such person or persons and with intent to defraud, abandon or willfully refuse to redeliver such vehicle as agreed shall, upon conviction, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) TAMPERING WITH MILEAGE DEVICE.—Whoever, after hiring a motor vehicle from any person or persons under an agreement to pay for the use of such motor vehicle a sum of money determinable either in whole or in part upon the distance such motor vehicle travels during the period for which hired, removes, attempts to remove, tampers with, or attempts to tamper with or otherwise interfere with any odometer or other mechanical device attached to said hired motor vehicle for the purpose of registering the distance such vehicle travels, with the intent to deceive the person or persons letting such vehicle or their lawful agent as to the actual distance traveled thereby, shall upon conviction be deemed guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any person who shall knowingly aid, abet or assist another in violating the provisions of this subsection shall, as a principal in the first degree, be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any person violating this section may be informed against or indicted in the county where such odometer or such other mechanical device is removed, or attempted to be removed, or tampered with, or attempted to be tampered with, or otherwise interfered with, or in the county where such persons knowingly aid, abet, or assist another in violating the provisions of this section, or in the county where any part of such motor vehicle upon which is attached such odometer, or such other mechanical device, is removed or attempted to be removed.

History.—s. 1, ch. 63-177; s. 878, ch. 71-136; s. 1, ch. 74-373; s. 8, ch. 78-412; s. 180, ch. 79-164; s. 1260, ch. 97-102.

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Amendments to 817.52

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 817.52

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

S817.52 1 - FRAUD - OBTAIN VEHICLE BY FALSE REPRESENTATION - F: T

S817.52 2 - FRAUD-SWINDLE - HIRE VEHICLE WITH INTENT TO DEFRAUD - F: T

S817.52 3 - FRAUD - FAIL TO REDELIVER HIRED VEHICLE - F: T

S817.52 4 - FRAUD - TAMPER WITH MILEAGE DEVICE - M: S

S817.52 4 - FRAUD - AID ABET MILEAGE DEVICE TAMPERING - M: S

Cases Citing Statute 817.52

Total Results: 20

Alamo Rent-A-Car, Inc. v. Mancusi

632 So. 2d 1352

Supreme Court of Florida | Filed: Jan 6, 1994 | Docket: 2020948

Cited 193 times | Published

return a rental car to Alamo in violation of section 817.52(3), Florida Statutes (1985). At trial, a jury

Willingham v. City of Orlando

929 So. 2d 43, 2006 WL 1288595

District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 1727033

Cited 23 times | Published

redeliver a hired vehicle, in violation of section 817.52, Florida Statutes (2003). Based on the outstanding

Vasquez v. State

711 So. 2d 1305, 1998 WL 281293

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 1700550

Cited 5 times | Published

vehicle with intent to defraud, in violation of section 817.52, Florida Statutes (1993). The charges resulted

Alamo Rent-A-Car, Inc. v. Mancusi

599 So. 2d 1010, 1992 Fla. App. LEXIS 4313, 1992 WL 79735

District Court of Appeal of Florida | Filed: Apr 22, 1992 | Docket: 1484002

Cited 4 times | Published

charged with and prosecuted for having violated section 817.52(3), Florida Statutes (1985), failure to redeliver

Jackson by and Through Whitaker v. Hertz Corp.

590 So. 2d 929, 1990 WL 191953

District Court of Appeal of Florida | Filed: Dec 24, 1991 | Docket: 1512687

Cited 3 times | Published

crime to fail timely to redeliver a hired vehicle, § 817.52(3), Fla. Stat. (1985), should not alter the renter's

Simmons v. State

106 So. 3d 507, 2013 Fla. App. LEXIS 1656, 2013 WL 331588

District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60228234

Cited 2 times | Published

to redeliver a hired vehicle in violation of section 817.52(3), Florida Statutes (2009). The judgment,

Scott v. State

446 So. 2d 1105

District Court of Appeal of Florida | Filed: Feb 10, 1984 | Docket: 2561237

Cited 2 times | Published

law by failing to redeliver a hired vehicle. See § 817.52(3), Fla. Stat. (1981). There was no evidence adduced

Williams v. State

68 So. 3d 1010, 2011 Fla. App. LEXIS 14626, 2011 WL 4089990

District Court of Appeal of Florida | Filed: Sep 15, 2011 | Docket: 2353517

Cited 1 times | Published

felony failure to return a hired vehicle. See § 817.52(3), Fla. Stat. (2009). The trial court ordered

CHARLES DELMAS ROBERSON v. ENTERPRISE LEASING COMPANY OF FLORIDA, LLC

District Court of Appeal of Florida | Filed: Jun 14, 2023 | Docket: 67499846

Published

police stopped and arrested him pursuant to section 817.52(3), Florida Statutes (2017) (“Failure to Redeliver

STATE OF FLORIDA v. ROBERT SAMPAIO

District Court of Appeal of Florida | Filed: Feb 19, 2020 | Docket: 16861539

Published

to redeliver a hired vehicle “contrary to” section 817.52(3), Florida Statutes (2016). The trial court

Benjamin v. Junior

271 So. 3d 151

District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 14961926

Published

return a hired vehicle, a third-degree felony. See § 817.52(3), Fla. Stat. (2018). The trial court ordered

Chagnon v. State

148 So. 3d 527, 2014 Fla. App. LEXIS 15807, 2014 WL 5039699

District Court of Appeal of Florida | Filed: Oct 10, 2014 | Docket: 60243545

Published

hiring a vehicle with intent to defraud under section 817.52(2), Florida Statutes (2012). Based on this

Means v. State

127 So. 3d 750, 2013 WL 6171294, 2013 Fla. App. LEXIS 19025

District Court of Appeal of Florida | Filed: Nov 26, 2013 | Docket: 60236845

Published

defraud by trick or false representation under § 817.52(1), Florida Statutes, (Count II), are included

Levine v. State

849 So. 2d 455, 2003 Fla. App. LEXIS 10844, 2003 WL 21658358

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 64823969

Published

convicted in Broward County of a violation of section 817.52(3), Florida Statutes (2001), for failure to

Rios v. State

660 So. 2d 795, 1995 Fla. App. LEXIS 9959, 1995 WL 556941

District Court of Appeal of Florida | Filed: Sep 22, 1995 | Docket: 64758892

Published

shall, upon conviction, be guilty of a felony ... § 817.52(3), Fla.Stat. (1993). Because the failure to return

Ago

Florida Attorney General Reports | Filed: Jul 15, 1994 | Docket: 3255093

Published

substantially the following questions: 1. Does section 817.52(2), Florida Statutes, apply when an individual

State v. Lindsey

501 So. 2d 174, 12 Fla. L. Weekly 380, 1987 Fla. App. LEXIS 6493

District Court of Appeal of Florida | Filed: Jan 28, 1987 | Docket: 64624422

Published

returned prior to the filing of the information. Section 817.52(3), Florida Statutes (1985), provides: (3)

State v. Fadden

466 So. 2d 1093, 10 Fla. L. Weekly 299, 1985 Fla. App. LEXIS 12169

District Court of Appeal of Florida | Filed: Jan 31, 1985 | Docket: 64611152

Published

to redeliver a hired vehicle in violation of section 817.52(3), Florida Statutes. The defendant filed a

State v. Pugh

350 So. 2d 89, 1977 Fla. App. LEXIS 16102

District Court of Appeal of Florida | Filed: Aug 9, 1977 | Docket: 64560388

Published

redeliver a hired vehicle in contravention of Section 817.52(3), Florida Statutes. The defendant filed a

State v. Harris

334 So. 2d 674, 1976 Fla. App. LEXIS 13817

District Court of Appeal of Florida | Filed: Jul 2, 1976 | Docket: 64554416

Published

a misdemeanor, as specifically proscribed by § 817.52(3). The trial court agreed and determined that