Florida Statute 818.1 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 818.01

Annotations, Discussions, Cases:

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

Cases Citing Statute 818.01

Total Results: 14

Bernstein v. Carl Zeiss, Inc. (In Re Bernstein)

78 B.R. 619, 1987 U.S. Dist. LEXIS 9190

District Court, S.D. Florida | Filed: Aug 13, 1987 | Docket: 1801737

Cited 25 times | Published

would constitute a misdemeanor under Fla. Stat. Section 818.01.

Cline v. Flagler Sales Corp.

207 So. 2d 709

District Court of Appeal of Florida | Filed: Mar 5, 1968 | Docket: 524139

Cited 20 times | Published

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

Littman v. Commercial Bank & Trust Company

425 So. 2d 636, 35 U.C.C. Rep. Serv. (West) 678

District Court of Appeal of Florida | Filed: Jan 25, 1983 | Docket: 2578247

Cited 19 times | Published

of Chapter 818, Florida Statutes (1979), as section 818.01, which declares it a misdemeanor to dispose

Rosenberg v. Ryder Leasing, Inc.

168 So. 2d 678

District Court of Appeal of Florida | Filed: Nov 10, 1964 | Docket: 1603057

Cited 17 times | Published

person having such a lien thereon, as mentioned in § 818.01, buy, take, receive or remove or cause to be removed

Vincent v. General Motors Acceptance Corporation

75 So. 2d 778, 1954 Fla. LEXIS 1839

Supreme Court of Florida | Filed: Nov 19, 1954 | Docket: 474953

Cited 6 times | Published

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

FLANIGAN'S ENTERPRISES v. Barnett Bank

639 So. 2d 617, 19 Fla. L. Weekly Supp. 374, 24 U.C.C. Rep. Serv. 2d (West) 1249, 1994 Fla. LEXIS 1006, 1994 WL 318490

Supreme Court of Florida | Filed: Jul 7, 1994 | Docket: 1712670

Cited 5 times | Published

Stat. (1977). Flanigan's sought damages under section 818.01, Florida Statutes (1977), which prohibits sale

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

753 So. 2d 777, 2000 Fla. App. LEXIS 3517

District Court of Appeal of Florida | Filed: Mar 24, 2000 | Docket: 2518158

Cited 3 times | Published

818.01 and 818.03, Florida Statutes (1991). Section 818.01, Florida Statutes, provides that it is a crime

FLANIGAN'S ENTERPRISES v. Barnett Bank

614 So. 2d 1198, 19 U.C.C. Rep. Serv. 2d (West) 1230, 1993 Fla. App. LEXIS 2407, 1993 WL 55934

District Court of Appeal of Florida | Filed: Mar 5, 1993 | Docket: 449437

Cited 3 times | Published

been held liable to Flanigan's pursuant to section 818.01, Florida Statutes (1983). That section is a

Hatfields & McCoys, Inc. v. First Tampa Capital Corp.

78 B.R. 312, 4 U.C.C. Rep. Serv. 2d (West) 1234, 1987 Bankr. LEXIS 1547

United States Bankruptcy Court, N.D. Florida | Filed: Sep 30, 1987 | Docket: 1802007

Cited 2 times | Published

which weighs heavily in favor of Mid-State. Under § 818.01, Florida Statutes (1985), it is a misdemeanor

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

511 So. 2d 654, 12 Fla. L. Weekly 1872, 1987 Fla. App. LEXIS 9669

District Court of Appeal of Florida | Filed: Aug 4, 1987 | Docket: 64628972

Cited 1 times | Published

under lien to Royal Trust, in violation of section 818.-01, Florida Statutes.1 Von Zamft’s counterclaim

Helmig v. State

330 So. 2d 246

District Court of Appeal of Florida | Filed: Apr 13, 1976 | Docket: 1798106

Cited 1 times | Published

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

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

688 So. 2d 456, 1997 Fla. App. LEXIS 1793, 1997 WL 82579

District Court of Appeal of Florida | Filed: Feb 28, 1997 | Docket: 64771266

Published

had satisfactorily estabhshed the elements of section 818.01 by showing that the defendant sold the hen-encumbered

Black, Starr & Frost, Ltd. v. Prestige Financial, Inc.

579 So. 2d 297, 1991 Fla. App. LEXIS 4113, 1991 WL 71538

District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 64658620

Published

679, the U.C.C. — Secured Transactions, and section 818.01, Florida Statutes, which concerns disposing

Ford Motor Credit Co. v. Hanus

491 So. 2d 570, 11 Fla. L. Weekly 202, 1986 Fla. App. LEXIS 5847

District Court of Appeal of Florida | Filed: Jan 15, 1986 | Docket: 64620671

Published

28, 1986 motion for rehearing is denied. . Section 818.01(1) provides: Whoever shall pledge, mortgage