Florida Statute 817.52 | Lawyer Caselaw & Research

The 2024 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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F.S. 817.52 on Casetext

Amendments to 817.52

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

Annotations, Discussions, Cases:

Cases Citing Statute 817.52

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-06-14T00:00:00-07:00

Snippet: police stopped and arrested him pursuant to section 817.52(3), Florida Statutes (2017) (“Failure to Redeliver…Sampaio, Renter was arrested only pursuant to section 817.52(3), Florida Statutes (2017), a separate and distinct…, including its written demand, because section 817.52(3) does not include nor impose a notice requirement…Pertinent to both Sampaio and the instant case, section 817.52(3)’s probable cause focus is whether, at the termination…refuse[s] to redeliver such vehicle as agreed.” § 817.52(3), Fla. Stat. (2017). As detailed above, that

STATE OF FLORIDA v. ROBERT SAMPAIO

Court: Fla. Dist. Ct. App. | Date Filed: 2020-02-18T23:53:00-08:00

Snippet: .083, or s. 775.084. § 817.52(3), Fla. Stat. (2016). Notably, section 817.52(3) does not contain any …established under section 817.52(3), section 812.155(3) differs from section 817.52(3) in the following respects…under section 817.52—a separate and distinct statute. The plain language of section 817.52 does not include…redeliver a hired vehicle “contrary to” section 817.52(3), Florida Statutes (2016). The trial court dismissed…Because the State charged the defendant under section 817.52(3), and not under section 812.155, we reverse.

Benjamin v. Junior

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-18T00:53:00-07:00

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

Chagnon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-10T00:00:00-07:00

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

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

Means v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-26T00:00:00-08:00

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

Snippet: defraud by trick or false representation under § 817.52(1), Florida Statutes, (Count II), are included …the vehicle by trick or false representation. § 817.52(1), Fla. Stat. (2013). The elements of grand theft

Simmons v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-30T00:00:00-08:00

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

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

Williams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-15T00:00:00-07:00

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

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

Griffin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-25T00:00:00-07:00

Citation: 10 So. 3d 165, 2009 Fla. App. LEXIS 2507, 2009 WL 763560

Snippet: with intent to defraud in violation of subsection 817.52(2), Florida Statutes (2007). The defendant entered

Willingham v. City of Orlando

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-12T00:00:00-07:00

Citation: 929 So. 2d 43

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

Levine v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-16T00:00:00-07:00

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

Snippet: convicted in Broward County of a violation of section 817.52(3), Florida Statutes (2001), for failure to return…return the vehicle to the Atlanta agency. Section 817.52(3) provides: Whoever, after hiring a motor vehicle

Vasquez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-03T00:53:00-07:00

Citation: 711 So. 2d 1305

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

Rios v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-09-22T00:00:00-07:00

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

Snippet: failure to return a hired vehicle statute provides: 817.52(3), FAILURE TO REDELIVER A HIRED VEHICLE. — Whoever…shall, upon conviction, be guilty of a felony ... § 817.52(3), Fla.Stat. (1993). Because the failure to return…), (b) & (2)(c)(4), Fla.Stat. (1993). . § 817.52(3), Fla.Stat. (1993). No. 95-329 District

Ago

Court: Fla. Att'y Gen. | Date Filed: 1994-07-15T00:53:00-07:00

Snippet: criminal charges under section 817.52(2), Florida Statutes. Whether section 817.52(2), Florida Statutes, would…substantially the following questions: 1. Does section 817.52(2), Florida Statutes, apply when an individual … pay for the cab's service? 2. Does section 817.52(2), Florida Statutes, apply to an individual who…as provided in the agreement? In sum: 1. Section 817.52(2), Florida Statutes, applies to any individual…to prosecute the individual pursuant to section 817.52(2), Florida Statutes, is within the discretion

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

Court: Fla. | Date Filed: 1994-01-06T00:00:00-08:00

Citation: 632 So. 2d 1352

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 1992-04-22T00:53:00-07:00

Citation: 599 So. 2d 1010

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

Jackson by and Through Whitaker v. Hertz Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1991-12-23T23:53:00-08:00

Citation: 590 So. 2d 929

Snippet: perpetrated a criminal fraud.[6] See §§ 812.012(2), 817.52(1) Fla. Stat. (1985). We will not endorse such … to fail timely to redeliver a hired vehicle, § 817.52(3), Fla. Stat. (1985), should not alter the renter

State v. Lindsey

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-28T00:00:00-08:00

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

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

McCray v. McCray

Court: Fla. Dist. Ct. App. | Date Filed: 1986-09-16T00:53:00-07:00

Citation: 493 So. 2d 1117

Snippet: 1118 support obligations leaves the husband only $817.52 to meet monthly expenses of approximately $1,164.49…own calculations, the final judgment leaves him $817.52 monthly to meet his own living expenses. By comparison…included. The husband's remaining income of $817.52 is roughly comparable, therefore, to the wife'

State v. Fadden

Court: Fla. Dist. Ct. App. | Date Filed: 1985-01-31T00:00:00-08:00

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

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

Scott v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1984-02-09T23:53:00-08:00

Citation: 446 So. 2d 1105

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