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Florida Statute 818.04 | Lawyer Caselaw & Research
F.S. 818.04 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 818.04

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. 818.04
818.04 Selling collateral security before debt due.Whoever holding any collateral security deposited with him or her for the payment of a debt which may be due him or her sells, pledges, loans or in any way disposes of the same, as his or her own, before such debt becomes due and payable, and without the authority of the person depositing the same, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 59, ch. 1637, 1868; RS 2478; GS 3358; RGS 5205; CGL 7319; s. 890, ch. 71-136; s. 1277, ch. 97-102.

F.S. 818.04 on Google Scholar

F.S. 818.04 on Casetext

Amendments to 818.04


Arrestable Offenses / Crimes under Fla. Stat. 818.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

S818.04 - FRAUD - SELL COLLATERAL SECURITY BEFORE DEBT IS DUE - M: F



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. Appellant-Bank also contends that it would have been guilty of a crime if it had sold or disposed of the subject warrants. It further argues that Bryant, as evidenced by his extensive trading in the market during the period of time the warrants were pledged, exercised control over the subject property, and such conduct is consistent with Section 679.311, Florida Statutes, F.S.A., of the Uniform Commercial Code. To the foregoing arguments, appellee responds that Section 679.207 of the Uniform Commercial Code clearly provides that a secured party may use collateral for the purpose of preserving same and that the provisions of Section 818.04, Florida Statutes, F.S.A., cited by appellant only applies where the pledgee converts the collateral to his own use. Bryant in addition urges that under the facts here considered, it is undisputed that the Bank held a number of powers of attorney signed by him authorizing it to dispose of the collateral held by it when necessary, and such instruments exempted the Bank from liability under Section 818.04.
    PAGE 193

    Cases from cite.case.law:

    TALLAHASSEE BANK AND TRUST COMPANY, a v. D. N. BRYANT,, 271 So. 2d 190 (Fla. Dist. Ct. App. 1972)

    . . . secured party may use collateral for the purpose of preserving same and that the provisions of Section 818.04 . . . collateral held by it when necessary, and such instruments exempted the Bank from liability under Section 818.04 . . . Section 818.04, Florida Statutes, F.S.A., which prohibits the sale of collateral prior to debt being . . .

    COMMUNITY SERVICES, INCORPORATED v. UNITED STATES, 422 F.2d 1353 (Ct. Cl. 1970)

    . . . amounts of $5,290.42 ($4,457.07 tax plus $833.35 interest) for 1962 and $7,267.66 ($6,449.62 tax plus $818.04 . . .

    COMMUNITY SERVICES, INCORPORATED v. THE UNITED STATES, 191 Ct. Cl. 76 (Ct. Cl. 1970)

    . . . amounts of $5,290.42 ($4,457.01 tax plus $833.35 interest) for 1962 and $7,267.66 ($6,449.62 tax plus $818.04 . . .

    In COLUMBIA TOBACCO CO. ROSEN v. UNITED STATES FIDELITY GUARANTY CO. In SHOLDER HANDELSMAN v. FIDELITY CASUALTY CO. OF NEW YORK, 121 F.2d 641 (2d Cir. 1941)

    . . . It paid an additional $818.04 which was assessed by the State for bankrupt’s failure to account as agent . . .