Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 817.52 | Lawyer Caselaw & Research
F.S. 817.52 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 817.52

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 817
FRAUDULENT PRACTICES
View Entire Chapter
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.

F.S. 817.52 on Google Scholar

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 from cite.case.law:

BENJAMIN, v. JUNIOR,, 271 So. 3d 151 (Fla. App. Ct. 2019)

. . . See § 817.52(3), Fla. Stat. (2018). . . .

CHAGNON, v. STATE, 148 So. 3d 527 (Fla. Dist. Ct. App. 2014)

. . . She was charged and convicted of hiring a vehicle with intent to defraud under section 817.52(2), Florida . . .

MEANS, v. STATE, 127 So. 3d 750 (Fla. Dist. Ct. App. 2013)

. . . the elements of obtaining a vehicle with intent to defraud by trick or false representation under § 817.52 . . . defrauding the owner or any person lawfully possessing the vehicle by trick or false representation. § 817.52 . . .

SIMMONS, v. STATE, 106 So. 3d 507 (Fla. Dist. Ct. App. 2013)

. . . entered a plea to, and was sentenced for failure to redeliver a hired vehicle in violation of section 817.52 . . .

WILLIAMS, v. STATE Al, 68 So. 3d 1010 (Fla. Dist. Ct. App. 2011)

. . . See § 817.52(3), Fla. Stat. (2009). . . .

K. GRIFFIN, v. STATE, 10 So. 3d 165 (Fla. Dist. Ct. App. 2009)

. . . Statutes (2007), and in count two, with hiring a vehicle with intent to defraud in violation of subsection 817.52 . . .

K. WILLINGHAM, v. CITY OF ORLANDO,, 929 So. 2d 43 (Fla. Dist. Ct. App. 2006)

. . . warrant issued in Osceola County for failure to redeliver a hired vehicle, in violation of section 817.52 . . .

LEVINE, v. STATE, 849 So. 2d 455 (Fla. Dist. Ct. App. 2003)

. . . Appellant was convicted in Broward County of a violation of section 817.52(3), Florida Statutes (2001 . . . Section 817.52(3) provides: Whoever, after hiring a motor vehicle under an agreement to redeliver the . . .

VASQUEZ a k a v. STATE, 711 So. 2d 1305 (Fla. Dist. Ct. App. 1998)

. . . 812.014, Florida Statutes (1993), and obtaining a vehicle with intent to defraud, in violation of section 817.52 . . .

RIOS, v. STATE, 660 So. 2d 795 (Fla. Dist. Ct. App. 1995)

. . . The failure to return a hired vehicle statute provides: 817.52(3), FAILURE TO REDELIVER A HIRED VEHICLE . . . willfully refuse to redeliver such vehicle as agreed shall, upon conviction, be guilty of a felony ... § 817.52 . . . SHARP, J., concurs in result only. . § 812.014(l)(a), (b) & (2)(c)(4), Fla.Stat. (1993). . § 817.52(3 . . .

ALAMO RENT- A- CAR, INC. v. MANCUSI,, 632 So. 2d 1352 (Fla. 1994)

. . . prosecution based on Mancusi’s arrest for failure to return a rental ear to Alamo in violation of section 817.52 . . .

ALAMO RENT- A- CAR, INC. v. MANCUSI,, 599 So. 2d 1010 (Fla. Dist. Ct. App. 1992)

. . . termination of a criminal case in which Mancusi was charged with and prosecuted for having violated section 817.52 . . .

JACKSON, By WHITAKER, v. HERTZ CORPORATION,, 590 So. 2d 929 (Fla. Dist. Ct. App. 1990)

. . . .-012(2), 817.52(1) Fla.Stat. (1985). We will not endorse such a position. . . . The fact that it may be a crime to fail timely to redeliver a hired vehicle, § 817.52(3), Fla.Stat. ( . . .

STATE v. LINDSEY,, 501 So. 2d 174 (Fla. Dist. Ct. App. 1987)

. . . Section 817.52(3), Florida Statutes (1985), provides: (3) FAILURE TO REDELIVER HIRED VEHICLE. — Whoever . . .

McCRAY, Jr. v. McCRAY,, 493 So. 2d 1117 (Fla. Dist. Ct. App. 1986)

. . . Subtracting from that amount the monthly alimony and support obligations leaves the husband only $817.52 . . . By the husband’s own calculations, the final judgment leaves him $817.52 monthly to meet his own living . . . The husband’s remaining income of $817.52 is roughly comparable, therefore, to the wife’s income with . . .

STATE v. FADDEN,, 466 So. 2d 1093 (Fla. Dist. Ct. App. 1985)

. . . defendant with willfully and fraudulently failing to redeliver a hired vehicle in violation of section 817.52 . . .

SCOTT, v. STATE, 446 So. 2d 1105 (Fla. Dist. Ct. App. 1984)

. . . See § 817.52(3), Fla.Stat. (1981). . . .

v., 452 U.S. 920 (U.S. 1981)

. . . . §§817.52, 832.05; and §§ 775.082 (3) (d), 775.083 (1)(e) (1979). . . .

STATE v. PUGH,, 350 So. 2d 89 (Fla. Dist. Ct. App. 1977)

. . . unlawfully and fraudulently abandoning or refusing to redeliver a hired vehicle in contravention of Section 817.52 . . . failed to establish a prima facie case of defendant’s guilt within the contemplation of said section 817.52 . . . Fla. 4th DCA 1974), it is our opinion that the information adequately charged a crime under section 817.52 . . .

STATE v. HARRIS, Jr., 334 So. 2d 674 (Fla. Dist. Ct. App. 1976)

. . . only of the offense of failure to return a rented car, a misdemeanor, as specifically proscribed by § 817.52 . . .

THE WESTERN AND SOUTHERN LIFE INSURANCE COMPANY v. THE UNITED STATES, 143 Ct. Cl. 460 (Ct. Cl. 1958)

. . . 1/46 $16,167.34 W-54— 6/25/46 6/25/46 6/28/46 7/ 9/46 15,592.67 W-B4— 7/15/46 7/15/46 7/29/46 300, 817.52 . . .