The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 319
TITLE CERTIFICATES

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F.S. 319.21

319.21 Necessity of manufacturer’s statement of origin and certificate of title.—

(1) No manufacturer, distributor, licensed dealer, or other person shall sell or otherwise dispose of a new motor vehicle or a new mobile home to a distributor, licensed dealer, or other person without delivering to such distributor, licensed dealer, or other person a manufacturer’s statement of origin duly executed and with such assignments thereon as may be necessary to show title in the purchaser thereof, on forms approved by the department; nor shall any distributor, licensed dealer, or other person purchase, acquire, or bring into the state, except for temporary use and not for sale, a new motor vehicle or a new mobile home without obtaining from the seller thereof the manufacturer’s statement of origin. Such statement of origin shall be in the English language. In addition to the assignments stated herein, the manufacturer’s statement of origin shall contain a certification of the identification and description of the motor vehicle or mobile home delivered and the name and address of the distributor, licensed dealer, or other person to whom the motor vehicle or mobile home was originally sold, over the signature of an authorized official of the manufacturer who made the original delivery; however, no statement of origin shall be required for any new motor vehicle or new mobile home purchased from a person other than a manufacturer or a representative of a manufacturer in a state which does not require such statement of origin. Prior to the issuance of a certificate of title for any such new motor vehicle or new mobile home, the holder of any security interest therein may demand and receive from the owner thereof the manufacturer’s statement of origin and may retain it as long as he or she holds the security interest.

(2) When a motor vehicle is built in two or more stages, each manufacturer must provide a manufacturer’s statement of origin for each stage.

(3) Except as provided in s. 320.27(7), no person shall sell or otherwise dispose of a motor vehicle or mobile home without delivering to the purchaser or transferee thereof a certificate of title with such assignment thereon as may be necessary to show title in the name of the purchaser. No person shall purchase or otherwise acquire or bring into the state a motor vehicle or mobile home, except for a surviving spouse as provided by s. 319.28 or except for temporary use, unless such person obtains a certificate of title for it in his or her name in accordance with the provisions of this chapter. However, any licensed dealer may, in lieu of having a certificate of title issued in the dealer’s name, reassign any existing certificate of title, except as provided in s. 319.225. It shall not be necessary for any licensed dealer to obtain a certificate of title on any new motor vehicle or new mobile home which he or she is selling or which he or she acquires for sale if the dealer obtains a manufacturer’s statement of origin as provided in subsection (1); however, the dealer shall attach the manufacturer’s statement of origin to the separate application for initial certificate of title which is made by the purchaser and certify on the face of such application that the vehicle is a new motor vehicle or new mobile home and shall also disclose the name and address of the manufacturer, distributor, or other person from whom the dealer acquired such motor vehicle or mobile home. In no event shall a manufacturer’s statement of origin be issued or reissued to any distributor, licensed dealer, or other person for the purpose of updating any motor vehicle or mobile home for sale. As used in this subsection, the term “updating” means:

(a) Modification of the motor vehicle or mobile home in such a manner that it resembles in appearance the current year’s model;

(b) Replacement of the original identification number and chassis number, which replacement reflects a change in the year manufactured, or any other modification which misrepresents the actual year manufactured; or

(4) Notwithstanding the provisions of other laws of this state, no motor vehicle or mobile home shall be eligible for initial registration in this state unless the provisions of this section have been complied with.

History.—s. 2, ch. 23658, 1947; s. 1, ch. 25150, 1949; s. 1, ch. 61-296; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 1, ch. 77-11; s. 5, ch. 82-134; s. 4, ch. 89-333; s. 336, ch. 95-148; s. 7, ch. 95-333; s. 11, ch. 96-413; s. 56, ch. 2014-17.

F.S. 319.21 on Google Scholar

F.S. 319.21 on Casetext

Amendments to 319.21

Arrestable Offenses / Crimes under Fla. Stat. 319.21

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 319.21.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE CHESLEY, K. v., 550 B.R. 903 (Bankr. M.D. Fla. 2016)

. . . Section 319.22(1) provides, in pertinent part, that: “(1) Except as provided in §§ 319.21 and 319.28, . . .

IN RE CHESLEY, K. v. R. LLC,, 551 B.R. 663 (Bankr. M.D. Fla. 2016)

. . . . § 319.22(1) bars this Court from declaring otherwise: “ (1) Except as provided in §§ 319.21 and 319.28 . . .

UNITED STATES v. COOPER,, 485 F. App'x 411 (11th Cir. 2012)

. . . . § 319.21); United States v. . . .

In ZAJNI,, 403 B.R. 891 (Bankr. M.D. Fla. 2008)

. . . Stat. 319.22(1) provides: Except as provided in ss 319.21 and 319.28, a person acquiring a motor vehicle . . .

SOSA, v. HAMES,, 581 F. Supp. 2d 1254 (S.D. Fla. 2008)

. . . with intent to commit fraud commits a misdemeanor of the first degree.... ” Florida Statute Section 319.21 . . .

In Re KALTER, v. In Re J. v. J., 292 F.3d 1350 (11th Cir. 2002)

. . . . § 319.22 provides, in pertinent part: Except as provided in §§ 319.21 and 319.28, a person acquiring . . .

In Re KALTER, v. In Re J. v. J., 292 F.3d 1350 (11th Cir. 2002)

. . . . § 319.22 provides, in pertinent part: Except as provided in §§ 319.21 and 319.28, a person acquiring . . .

DEALERS ACCEPTANCE CORPORATION, a v. UNITED PACIFIC INSURANCE COMPANY, a B. L., 763 So. 2d 528 (Fla. Dist. Ct. App. 2000)

. . . from Easy Ed’s failure to deliver the title certificates to the three vehicles, contrary to sections 319.21 . . .

In J. CHIODO,, 250 B.R. 407 (Bankr. M.D. Fla. 2000)

. . . Florida Statute 319.22 provides in pertinent part: (1) Except as provided in §§ 319.21 and 319.28, a . . .

COCHRAN, v. JONES, 707 So. 2d 791 (Fla. Dist. Ct. App. 1998)

. . . this state from the Fort Lauderdale Collection to Jones or Florida European, as provided by section 319.21 . . .

In L. PROPPS, F. ANDERSON, v. AVILA,, 118 B.R. 376 (Bankr. D.S.C. 1989)

. . . Sections 319.21 and 319.23. . . .

BUNTING, v. DALY S, INC. a a, 528 So. 2d 106 (Fla. Dist. Ct. App. 1988)

. . . .— (1) Except as provided in ss. 319.21 and 319.28, a person acquiring a motor vehicle or mobile home . . .

SIMS v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 832 F.2d 1558 (11th Cir. 1987)

. . . . §§ 319.21, 319.34 (Supp.1987). . . . Fla.Stat. § 319.21 (Supp.1987) provides in relevant part as follows: (1) No manufacturer, distributor . . .

L. LAMAR, v. WHEELS UNLIMITED, INC., 513 So. 2d 135 (Fla. 1987)

. . . Section 319.21(2), Florida Statutes (1985), provides in part: No person shall sell or otherwise dispose . . . Section 319.22(1), Florida Statutes (1985), states: (1) Except as provided in ss. 319.21 and 319.28, . . .

WHEELS UNLIMITED, INC. v. L. LAMAR,, 492 So. 2d 785 (Fla. Dist. Ct. App. 1986)

. . . Tropical Wheels; and Wheels Unlimited, Inc.) appear to be licensed dealers who are permitted by section 319.21 . . .

FLORIDA DEPARTMENT OF CORRECTIONS, v. BLOUNT PONTIAC- GMC, INC., 411 So. 2d 930 (Fla. Dist. Ct. App. 1982)

. . . Blount argues that his case is governed by the provisions of Section 319.21(1), Florida Statutes: No . . . Section 672.403 is not in direct conflict with the provisions of Chapter 319, in particular Sections 319.21 . . .

LEO, v. STATE, 345 So. 2d 1104 (Fla. Dist. Ct. App. 1977)

. . . J., and ERVIN, J., concur. . “(1) Except as provided in ss. 319.21 and 319.28, no person acquiring a . . .

GREYHOUND RENT- A- CAR, INC. a v. J. AUSTIN,, 298 So. 2d 345 (Fla. 1974)

. . . view in this cause where we are again concerned about the application of Section 319.22 and Section 319.21 . . . Sections 319.21, 319.22, Fla.Stat.1971. . . . Petitioner’s cited cases reassert the provisions of Sections 319.21 and 319.22, Florida Statutes, to . . .

HARMONY HOMES, INC. v. ZEIT, 260 So. 2d 218 (Fla. Dist. Ct. App. 1972)

. . . For this proposition, appellant relies upon Florida Statutes, § 319.21, F.S.A., and the decision rendered . . .

A. C. RENT- A- CAR, INC. v. AMERICAN NATIONAL BANK TRUST CO. OF MOBILE CURRY CORPORATION, v. AMERICAN NATIONAL BANK TRUST CO. OF MOBILE, 339 F. Supp. 506 (S.D. Ala. 1972)

. . . F.S.A., which provides in part as follows: “319.22 TRANSFER OF TITLE. “(1) Except as provided in §§ 319.21 . . .

L. STROMAN, v. ORLANDO BANK TRUST COMPANY, a C. Jr. C. d b a, 239 So. 2d 621 (Fla. Dist. Ct. App. 1970)

. . . Section 319.22(1), F.S.A., reading as follows: “Except as provided in §§ 319.21 and 319.28, no person . . .

INTERSTATE SECURITIES COMPANY, a v. HAMRICK S AUTO SALES, INC. a a, 238 So. 2d 482 (Fla. Dist. Ct. App. 1970)

. . . In view of § 319.21(2) and § 319.34, Florida Statutes, making it unlawful to sell a motor vehicle without . . .

TAYLOR MOBILE HOMES, a v. FOUNDERS INVESTMENT CORPORATION,, 238 So. 2d 116 (Fla. Dist. Ct. App. 1970)

. . . . § 319.21(2), F.S.A. “ * * * It shall not be necessary for any licensed automobile dealer in Florida . . .

E. CORRERIA, v. ORLANDO BANK TRUST COMPANY C. Jr. d b a, 235 So. 2d 20 (Fla. Dist. Ct. App. 1970)

. . . .— “(1) Except as provided in §§ 319.21 and 319.28, no person acquiring a motor vehicle from the owner . . .

BARNETT FIRST NATIONAL BANK OF JACKSONVILLE, a v. CUSTOM FINANCE COMPANY, a, 210 So. 2d 291 (Fla. Dist. Ct. App. 1968)

. . . These statements must accompany an application for title, but Section 319.21, Florida Statutes, F.S.A . . . from one other than a dealer, without obtaining a certificate of title, which is prohibited by Section 319.21 . . .

LOWRY OF FLORIDA, INC. a v. COCONUT GROVE BANK,, 179 So. 2d 861 (Fla. Dist. Ct. App. 1965)

. . . plaintiff obtained from Sloan Motors a bill of sale to said motor vehicle but failed to comply with Section 319.21 . . .

AVIS RENT- A- CAR SYSTEM, INC. a v. HARRISON MOTOR COMPANY, a, 151 So. 2d 855 (Fla. Dist. Ct. App. 1963)

. . . Attention should be given to Chapter 319, Fla.Stat.1961, F.S.A., and in particular, to Sec. 319.21, where . . .

JOEL STRICKLAND ENTERPRISES, INC. a v. ATLANTIC DISCOUNT COMPANY, a, 137 So. 2d 627 (Fla. Dist. Ct. App. 1962)

. . . Pertinent statutes relating to the purchase and sale of used automobiles are: § 319.21(2) “No person . . . >} § 319.22(1) “Except as provided in §§ 319.21 [relating to new cars or purchase of used cars by dealers . . .

AMERICAN DISCOUNT COMPANY, a v. CENTRAL BANK OF TAMPA, a, 135 So. 2d 264 (Fla. Dist. Ct. App. 1961)

. . . The sections applicable here are: “319.21 Necessity of certificate of title.- — No person hereafter shall . . . by the purchaser or transferee. * * * ” “319.22 Transfer of title.— “(1) Except as provided in Secs, 319.21 . . .

TRUMBULL CHEVROLET SALES CO. a v. B. SEAWRIGHT,, 134 So. 2d 829 (Fla. Dist. Ct. App. 1961)

. . . Section 319.21 F.S.1959, F.S.A., provides: ■“Necessity of certificate of title. — No person hereafter . . . Section 319.22(1) F.S.1959, F.S.A. provides : “Except as provided in §§ 319.21 * * *, no person acquiring . . . Section 319.21, F.S.A. was enacted “to establish the necessity for certificates of title, generally,” . . .

E. CASTNER, v. H. U. ZIEMER,, 125 So. 2d 134 (Fla. Dist. Ct. App. 1960)

. . . The sections controlling this case are as follows: “Section 319.21. . . . Except as provided in §§ 319.21 and 319.28, no person acquiring a motor vehicle from the owner thereof . . .

SINCLAIR REFINING CO. v. ROUSSEAU,, 13 Fla. Supp. 88 (Duval Cty. Cir. Ct. 1958)

. . . .— (1) Except as provided in sections 319.21 and 319.28, no person acquiring a motor vehicle from the . . . was charged with knowledge of the laws of Florida respecting the necessity of a certificate of title (319.21 . . .

MURRAY v. G. F. C. CORP., 214 F.2d 344 (5th Cir. 1954)

. . . Appellee’s only reply is that by Section 319.21, Florida Statutes of 1951, F.S.A., Lockett was not required . . .

BLOEDEL S JEWELRY, INC., 2 B.T.A. 611 (B.T.A. 1925)

. . . consisting of a deficiency in tax for the year 1920 in the sum of $2,829.38 and overassessments of $319.21 . . .