Florida Statutes

Fla. Stat. § 818.04 (2025)

Selling collateral security before debt due.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 818.04

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§818.04FRAUDSELL COLLATERAL SECURITY BEFORE DEBT IS DUEM · 1st

Notes of Decisions

Cited in 1 case, 1972–1972 · leading case: Tallahassee Bank & Trust Co. v. Bryant, 271 So. 2d 190 (Fla. 1st DCA 1972).

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Tallahassee Bank & Trust Co. v. Bryant, 271 So. 2d 190 (Fla. 1st DCA 1972). · cites it 5× “207 [6] of *193 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…”

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