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Florida Statute 818.01 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XLVI
CRIMES
Chapter 818
SALE OF MORTGAGED PERSONAL PROPERTY; SIMILAR OFFENSES
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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 Citing Statute 818.01

Total Results: 20

U.S. Bank National Ass'n v. Rodriguez

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-13T00:00:00-07:00

Citation: 206 So. 3d 734, 2016 Fla. App. LEXIS 10687

Snippet: administration. Kozel, 629 So.2d at 818. 1 Appellate courts recognize the high degree

Citation Mortg., Ltd. v. Rc of Retirement Living Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-23T23:53:00-08:00

Citation: 753 So. 2d 777

Snippet: property, violated sections 818.01 and 818.03, Florida Statutes (1991). Section 818.01, Florida Statutes, provides

Oaks Shopping Center, Inc. v. Justice Marketing, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-28T00:00:00-08:00

Citation: 688 So. 2d 456

Snippet: fraud, conversion and for violation of sections 818.01 and 818.03, Florida Statutes, for removing and …satisfactorily estabhshed the elements of section 818.01 by showing that the defendant sold the hen-encumbered

Lynch Austin Realty, Inc. v. Engler

Court: Fla. Dist. Ct. App. | Date Filed: 1994-12-15T23:53:00-08:00

Citation: 647 So. 2d 988

Snippet: §§ 83.08 and 83.11, Fla. Stat. (1991). [2] §§ 818.01 and 818.03, Fla. Stat. (1991). [3] We recite only

FLANIGAN'S ENTERPRISES v. Barnett Bank

Court: Fla. | Date Filed: 1994-07-07T00:53:00-07:00

Citation: 639 So. 2d 617

Snippet: 1977). Flanigan's sought damages under section 818.01, Florida Statutes (1977), which prohibits sale …landlord's lien on the license, that section 818.01 was applicable, but that Flanigan's was estopped…ruled that Barnett was not liable under section 818.01 because that section's consent requirement …wherein the courts found liability under section 818.01. We note that chapter 83, Florida Statutes (1977… without the written consent of the lienholder: 818.01 Disposing of personal property under lien, etc.

FLANIGAN'S ENTERPRISES v. Barnett Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1993-03-04T23:53:00-08:00

Citation: 614 So. 2d 1198

Snippet: avoided. II. APPLICABILITY OF SECTION 818.01. Section 818.01 is a very old statute, having first appeared…creditor's lien held liable under section 818.01). Section 818.01 may have some remaining impact in cases…held liable to Flanigan's pursuant to section 818.01, Florida Statutes (1983). That section is a criminal…finding of estoppel, and we also think that section 818.01 provides no basis to assert civil liability against…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.

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-08T00:00:00-07:00

Citation: 579 So. 2d 297

Snippet: the U.C.C. — Secured Transactions, and section 818.01, Florida Statutes, which concerns disposing of …finding of liability under chapter 679 and section 818.01. We therefore do not address any issues concerning

State v. Townsend

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-14T23:53:00-08:00

Citation: 556 So. 2d 817

Snippet: describing sexual acts committed upon them if: *818 1. The court finds in a hearing conducted outside

Royal Trust Bank, N.A. v. Von Zamft

Court: Fla. Dist. Ct. App. | Date Filed: 1987-08-04T00:00:00-07:00

Citation: 511 So. 2d 654

Snippet: under lien to Royal Trust, in violation of section 818.-01, Florida Statutes.1 Von Zamft’s counterclaim alleged…criminal prosecution against him pursuant to section 818.01. Both awards were based on a jury verdict consisting…complaint against Von Zamft pursuant to section 818.01. Subsequently, the jury also awarded Von Zamft …counterclaim for malicious prosecution under section 818.01. Royal Trust Bank contends on appeal, and we agree…determined that Von Zamft was guilty, under section 818.01, of wrongfully selling a car which was under lien

Ford Motor Credit Co. v. Hanus

Court: Fla. Dist. Ct. App. | Date Filed: 1986-01-15T00:00:00-08:00

Citation: 491 So. 2d 570

Snippet: 1986 motion for rehearing is denied. . Section 818.01(1) provides: Whoever shall pledge, mortgage, sell

Littman v. Commercial Bank & Trust Company

Court: Fla. Dist. Ct. App. | Date Filed: 1983-01-25T00:00:00-08:00

Citation: 425 So. 2d 636

Snippet: suit seeking damages for violation of sections 818.01 and 818.03, Florida Statutes (1979). Appellants…Chapter 818, Florida Statutes (1979), as section 818.01, which declares it a misdemeanor to dispose of … Appellants further allege that neither section 818.01[2] nor 818.03[3], on which this action is founded…judgment. Appellants' contention that section 818.01 is inconsistent with and was therefore repealed…previously held that a violation of penal statutes 818.01 and 818.03, Florida Statutes, may give rise to

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-08-15T00:53:00-07:00

Snippet: Fla., 1978); Edwards v. Lindsley, 349 So.2d 817, 818 (1 D.C.A. Fla., 1977). All express and implied prohibitions

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-04-25T23:53:00-08:00

Snippet: (Fla. 1952); Edwards v. Lindsley, 349 So.2d 817,818 (1 D.C.A. Fla., 1977); and AGO 077-85. Section 230.754

Helmig v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1976-04-12T23:53:00-08:00

Citation: 330 So. 2d 246

Snippet: the consent of the lienholder, in violation of § 818.01, F.S., and transferring a motor vehicle without

City of Miami v. Lillibridge

Court: Fla. Dist. Ct. App. | Date Filed: 1972-05-31T00:00:00-07:00

Citation: 262 So. 2d 719

Snippet: City of Miami v. Gilbert, Fla.App.1958, 102 So.2d 818.1 Accordingly, the order taxing costs against the

Cline v. Flagler Sales Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1968-03-04T23:53:00-08:00

Citation: 207 So. 2d 709

Snippet: instituted against her alleging violation of § 818.01, Fla. Stat., F.S.A., which resulted in her being

Rosenberg v. Ryder Leasing, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1964-11-09T23:53:00-08:00

Citation: 168 So. 2d 678

Snippet: *679 from the appellee for its violation of §§ 818.01 and 818.03, Fla. Stat., F.S.A.[1] Specifically,…appellee's violation of the penal statutes, §§ 818.01 and 818.03 Fla. Stat., F.S.A. This presents an …herewith. Reversed and remanded. NOTES [1] "818.01 Disposing of personal property under lien, etc.…person having such a lien thereon, as mentioned in § 818.01, buy, take, receive or remove or cause to be removed

Rosenberg v. Ryder Leasing, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1964-01-28T00:00:00-08:00

Citation: 159 So. 2d 873

Snippet: relief in tort if the Defendant has breached Chapter 818.01, and/or 818.03 of the Florida Statutes — said statutes

Vincent v. General Motors Acceptance Corporation

Court: Fla. | Date Filed: 1954-11-18T23:53:00-08:00

Citation: 75 So. 2d 778

Snippet: considered that, under the law of this state, Section 818.01, Florida Statutes 1953, F.S.A., it is a criminal

Taylor v. Mathews

Court: Fla. | Date Filed: 1907-01-15T00:00:00-08:00

Citation: 53 Fla. 776

Snippet: purchase money. Porter v. Teate, 17 Fla. 813, text 818; 1 Jones on Mortgages (4th ed.) 464, (6th ed.) 468