Florida Statutes
Fla. Stat. § 818.01 (2025)
Disposing of personal property under lien or subject to conditional sale.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 818.01
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§818.01FRAUDDISPOSE OF PERSONAL PROPERTY UNDER LIEN
Notes of Decisions
Cited in 19
cases, 1954–2000 · leading case: Littman v. Com. Bank & Trust Co., 425 So. 2d 636 (Fla. 3d DCA 1983).
Littman v. Com. Bank & Trust Co., 425 So. 2d 636 (Fla. 3d DCA 1983). “I The first issue appellants raise is that the court below erred in entering summary judgment predicated on alleged violations of Chapter 818, Florida Statutes (1979), as section 818.01, which declares it a misdemeanor to dispose of property subject to a lien without consent of…”
Flanigan's Enter. v. Barnett Bank, 639 So. 2d 617 (Fla. 1994). “Flanigan's sought damages under section 818.01, Florida Statutes (1977), which prohibits sale of encumbered property without written consent of the lienholder.”
Flanigan's Enter. v. Barnett Bank, 614 So. 2d 1198 (Fla. 5th DCA 1993). “appeals from a final judgment which held it was estopped to seek damages against Barnett Bank of Naples and Barnett cross-appeals from the trial court's initial determination that it could have been held liable to Flanigan's pursuant to section 818.01, Florida Statutes (1983).…”
Rosenberg v. Ryder Leasing, Inc., 168 So. 2d 678 (Fla. 3d DCA 1964). “Appellant, in her complaint, sought to recover compensatory and punitive damages *679 from the appellee for its violation of §§ 818.01 and 818.03, Fla. Stat., F.S.A. [1] Specifically, appellant charged appellee with removing from Dade County and disposing of a ten foot power…”
Cline v. Flagler Sales Corp., 207 So. 2d 709 (Fla. 3d DCA 1968). “But, notwithstanding the offer to return, Schwartz caused criminal proceedings to be instituted against her alleging violation of § 818.01, Fla. Stat., F.S.A., which resulted in her being arrested at 3:00 o'clock A.”
Bernstein v. Carl Zeiss, Inc. (In Re Bernstein), 78 B.R. 619 (S.D. Fla. 1987). “…does not reach the question of whether the acts complained of herein would constitute a misdemeanor under Fla. Stat. Section 818.01.”
Royal Trust Bank, N.A. v. Von Zamft, 511 So. 2d 654 (Fla. 3d DCA 1987). “1 Von Zamft’s counterclaim alleged that Royal Trust had maliciously initiated criminal prosecution against him pursuant to section 818.01. Both awards were based on a jury verdict consisting of answers to special interrogatories.”
Vincent v. Gen. Motors Acceptance Corp., 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, Florida Statutes 1953, F.”
Citation Mortg., Ltd. v. Rc of Ret. Living Ltd., 753 So. 2d 777 (Fla. 5th DCA 2000). “Section 818.01, Florida Statutes, provides that it is a crime for a person to pledge, mortgage, sell or otherwise dispose of his or her personal property, which is subject to a written or statutory lien or a conditional sales contract retaining title, without the consent of the…”
Helmig v. State, 330 So. 2d 246 (Fla. 1st DCA 1976). “This is an appeal from judgment and sentence of appellant for selling personal property subject to a lien, without the consent of the lienholder, in violation of § 818.01, F.S., and transferring a motor vehicle without delivery of title, in violation of § 319.”
Lynch Austin Realty, Inc. v. Engler, 647 So. 2d 988 (Fla. 2d DCA 1994). “[2] §§ 818.01 and 818.03, Fla. Stat. (1991). [3] We recite only those portions of the stipulation which are germane to our resolution of the offset issue.”
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 dispose of any personal property subject to a written lien without the written consent of the lienholder.”
— 818.01(1) — 1 case
Ford Motor Credit Co. v. Hanus, 491 So. 2d 570 (Fla. 4th DCA 1986).
— 818.01(2) — 1 case
Littman v. Com. Bank & Trust Co., 425 So. 2d 636 (Fla. 3d DCA 1983). “I The first issue appellants raise is that the court below erred in entering summary judgment predicated on alleged violations of Chapter 818, Florida Statutes (1979), as section 818.01, which declares it a misdemeanor to dispose of property subject to a lien without consent of…”
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