Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 818.01 | Lawyer Caselaw & Research
F.S. 818.01 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 818.01

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 818
SALE OF MORTGAGED PERSONAL PROPERTY; SIMILAR OFFENSES
View Entire Chapter
F.S. 818.01
818.01 Disposing of personal property under lien or subject to conditional sale.
(1) Whoever shall pledge, mortgage, sell, or otherwise dispose of any personal property to him or her belonging, or which shall be in his or her possession, and which shall be subject to any written lien, or which shall be subject to any statutory lien, whether written or not, or which shall be the subject of any written conditional sale contract under which the title is retained by the vendor, without the written consent of the person holding such lien, or retaining such title; and whoever shall remove or cause to be removed beyond the limits of the county where such lien was created or such conditional sale contract was entered into, any such property, without the consent aforesaid, or shall hide, conceal or transfer, such property with intent to defeat, hinder or delay the enforcement of such lien, or the recovery of such property by the vendor, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) It shall be prima facie evidence of concealing, selling, or disposing of such personal property whenever the person owning the property at the time the lien was created, or who bought the same under such retained title contract, fails or refuses to produce such property for inspection within the county where the lien was created, or the property delivered, upon demand of the person having such lien, or retaining such title, after the debt secured by such lien has become enforceable, or the vendee has substantially defaulted in the performance of such retained title contract.
History.s. 1, ch. 4142, 1893; GS 3356; RGS 5202; s. 1, ch. 9288, 1923; CGL 7316; s. 887, ch. 71-136; s. 1275, ch. 97-102.

F.S. 818.01 on Google Scholar

F.S. 818.01 on Casetext

Amendments to 818.01


Arrestable Offenses / Crimes under Fla. Stat. 818.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

S818.01 - FRAUD - DISPOSE OF PERSONAL PROPERTY UNDER LIEN - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

CITATION MORTGAGE, LTD. v. RC OF A RETIREMENT LIVING LTD. SERIES III,, 753 So. 2d 777 (Fla. Dist. Ct. App. 2000)

. . . 22, which allege that appellees, in misappropriating the rents from the property, violated sections 818.01 . . . Section 818.01, Florida Statutes, provides that it is a crime for a person to pledge, mortgage, sell . . .

In ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP, v., 184 F.3d 143 (2d Cir. 1999)

. . . . § 818.01 (1998), which prohibits the disposal of personal property subject to a lien without the written . . . Ann. § 818.01, and fraudulent transfer in violation of Fla. Stat. . . . Ann. §§ 697.07, 818.01, and 726.105. . . . Section 818.01 As a first alternative to reliance upon § 697.07, Citation invokes Fla. Stat. . . . The courts below therefore did not err in determining that Citation’s invocation of § 818.01 fails. . . .

In ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP, v., 184 F.3d 143 (2d Cir. 1999)

. . . . § 818.01 (1998), which prohibits the disposal of personal property subject to a lien without the written . . . Ann. § 818.01, and fraudulent transfer in violation of Fla. Stat. . . . Ann. §§ 697.07, 818.01, and 726.105. . . . Section 818.01 As a first alternative to rebanee upon § 697.07, Citation invokes Fla. Stat. . . . The courts below therefore did not err in determining that Citation’s invocation of § 818.01 fails. . . .

OAKS SHOPPING CENTER, INC. v. JUSTICE MARKETING, INC., 688 So. 2d 456 (Fla. Dist. Ct. App. 1997)

. . . Oaks sued Justice and its officers for fraud, conversion and for violation of sections 818.01 and 818.03 . . . (Fla. 3d DCA 1983), which held that the bank had satisfactorily estabhshed the elements of section 818.01 . . .

In ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP, In ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP, In v. CITATION MORTGAGE, LTD., 204 B.R. 336 (Bankr. D. Conn. 1996)

. . . Florida Statute § 818.01 The Florida Supreme Court has described the purpose of § 818.01 as follows: . . . Citation initially asserted that Ormond Beach is liable in damages for violation of § 818.01 in that . . . Section 818.01 Does Not Apply to Rents Although § 818.01 is nominally a penal statute providing for criminal . . . Partnership, 102 B.R. 161, 164-6 (Bankr.D.Minn.1989). . 818.01. . . . Florida Statute § 818.01 (1971). . . . .

LYNCH AUSTIN REALTY, INC. v. A. ENGLER, W. A., 647 So. 2d 988 (Fla. Dist. Ct. App. 1994)

. . . . §§ 818.01 and 818.03, Fla.Stat. (1991). . . . .

FLANIGAN S ENTERPRISES, INC. v. BARNETT BANK OF NAPLES,, 639 So. 2d 617 (Fla. 1994)

. . . Flanigan’s sought damages under section 818.01, Florida Statutes (1977), which prohibits sale of encumbered . . . The trial court ruled that Flanigan’s held a landlord’s lien on the license, that section 818.01 was . . . The court further ruled that Barnett was not liable under section 818.01 because that section’s consent . . . court acknowledged conflict with Hanus and Littman, wherein the courts found liability under section 818.01 . . . to dispose of personal property encumbered by a lien without the written consent of the lienholder: 818.01 . . .

FLANIGAN S ENTERPRISES, INC. v. BARNETT BANK OF NAPLES,, 614 So. 2d 1198 (Fla. Dist. Ct. App. 1993)

. . . court’s initial determination that it could have been held liable to Flani-gan’s pursuant to section 818.01 . . . the record adequately supports the trial court’s finding of estoppel, and we also think that section 818.01 . . . APPLICABILITY OF SECTION 818.01. . . . Section 818.01 is a very old statute, having first appeared in 1893. . . . Barnett argues in its cross-appeal that section 818.01 applies only to tangible personal property, and . . .

BLACK, STARR FROST, LTD. v. PRESTIGE FINANCIAL, INC., 579 So. 2d 297 (Fla. Dist. Ct. App. 1991)

. . . . — Secured Transactions, and section 818.01, Florida Statutes, which concerns disposing of personal . . . cross appeal questioning the initial judgment’s finding of liability under chapter 679 and section 818.01 . . .

ST. PAUL FIRE MARINE INSURANCE COMPANY, E. M. D. v. VIGILANT INSURANCE COMPANY, E. ST. PAUL FIRE MARINE INSURANCE COMPANY, E. M. D. v. VIGILANT INSURANCE COMPANY, E., 919 F.2d 235 (4th Cir. 1990)

. . . Paul for costs of defense and settlement was $664,-818.01. St. . . .

HATFIELDS McCOYS, INC. v. FIRST TAMPA CAPITAL CORP., 78 B.R. 312 (Bankr. N.D. Fla. 1987)

. . . Under § 818.01, Florida Statutes (1985), it is a misdemeanor of the first degree to sell or otherwise . . .

In M. BERNSTEIN, M. BERNSTEIN, v. CARL ZEISS, INC., 78 B.R. 619 (S.D. Fla. 1987)

. . . Section 818.01. . . .

ROYAL TRUST BANK, N. A. v. VON ZAMFT,, 511 So. 2d 654 (Fla. Dist. Ct. App. 1987)

. . . alleged that Royal Trust had maliciously initiated criminal prosecution against him pursuant to section 818.01 . . . found that Royal Trust should recover on its civil complaint against Von Zamft pursuant to section 818.01 . . . Zamft compensatory and punitive damages on his counterclaim for malicious prosecution under section 818.01 . . . Section 818.01 (“Disposing of personal property under lien, etc") provides, in pertinent part, as follows . . . A violation of section 818.01 may give rise to a civil cause of action for compensatory and punitive . . .

FORD MOTOR CREDIT COMPANY, v. HANUS, 491 So. 2d 570 (Fla. Dist. Ct. App. 1986)

. . . The complaint further alleged that Ocean City had violated Sections 818.01 and 818.05, Florida Statutes . . . Section 818.01(1) provides: Whoever shall pledge, mortgage, sell, or otherwise dispose of any personal . . .

LITTMAN, a v. COMMERCIAL BANK TRUST COMPANY, a, 425 So. 2d 636 (Fla. Dist. Ct. App. 1983)

. . . The bank then filed suit seeking damages for violation of sections 818.01 and 818.03, Florida Statutes . . . Appellants further allege that neither section 818.01 nor 818.03, on which this action is founded, apply . . . Appellants’ contention that section 818.01 is inconsistent with and was therefore repealed by enactment . . . At the outset we observe that this court has previously held that a violation of penal statutes 818.01 . . . Additionally, both section 818.01 and 818.03 were amended following adoption of the UCC and after the . . .

HAMPTON v. STATE, 45 Fla. Supp. 135 (Fla. Cir. Ct. 1977)

. . . The alleged invalidation of Section 818.01, Florida Statutes (1975), under which appellant was tried . . . Obviously, 818.01 was spawned as a result of merchants having no protection under the law when a vendee . . . To this point I agree with Judge Nesbitt, but as the state points out, 818.01 was re-enacted in 1971, . . . Thus, the legislature has spoken since enactment of 679.31 regarding 818.01. . . . In Helmig the appellate court affirmed the conviction under 818.01. . . .

HELMIG, v. STATE, 330 So. 2d 246 (Fla. Dist. Ct. App. 1976)

. . . selling personal property subject to a lien, without the consent of the lienholder, in violation of § 818.01 . . .

v., 62 T.C. 260 (T.C. 1974)

. . . respondent that there is a deficiency in petitioner’s income tax for the year 1969 in the amount of $818.01 . . .

YOUNG, v. NATIONAL BRANDS TIRE CO., 40 Fla. Supp. 143 (Dade Cty. Cir. Ct. 1974)

. . . their amended complaint plaintiffs seek a declaration of rights and determination that Florida Statute 818.01 . . . Florida Statute 818.01(1) prohibits a debtor from removing personal property subject to a lien or conditional . . . Chapter 65-254 codified as Florida Statute 679.311, had worked an implied repeal of Florida Statute 818.01 . . . Accordingly, a final judgment will be entered declaring and decreeing that Florida Statute 818.01 was . . . repealed by the enactment of Florida Statute 679.311 and that §818.01 is void and of no force and effect . . .

CLINE, v. FLAGLER SALES CORP. O. H., 207 So. 2d 709 (Fla. Dist. Ct. App. 1968)

. . . to return, Schwartz caused criminal proceedings to be instituted against her alleging violation of § 818.01 . . .

ROSENBERG, v. RYDER LEASING, INC. a, 168 So. 2d 678 (Fla. Dist. Ct. App. 1964)

. . . complaint, sought to recover compensatory and punitive damages from the appellee for its violation of §§ 818.01 . . . Reversed and remanded. . “818.01 Disposing of personal property under lien, etc. . . . knowingly and without the written consent of the person having such a lien thereon, as mentioned in § 818.01 . . .

ROSENBERG, v. RYDER LEASING, INC., 159 So. 2d 873 (Fla. Dist. Ct. App. 1964)

. . . CERTIFIED QUESTION “May the Plaintiff have civil relief in tort if the Defendant has breached Chapter 818.01 . . .

STATE v. PITTMAN, 10 Fla. Supp. 133 (Dade Cty. Cir. Ct. 1957)

. . . non-resident corporation, constitute a crime against the state of Florida within the purview of section 818.01 . . . The pertinent provisions of the statute are as follows— “818.01 Disposing of personal property under . . . to have recorded it in Florida, and no reason is apparent why it was not within the terms of section 818.01 . . . prove an intent to defeat, hinder or delay the enforcement of a lien in prosecutions under section 818.01 . . .

VINCENT, v. GENERAL MOTORS ACCEPTANCE CORPORATION, a, 75 So. 2d 778 (Fla. 1954)

. . . The analogy is even more apparent when it is considered that, under the law of this state, Section 818.01 . . .