The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 319
TITLE CERTIFICATES

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F.S. 319.25

319.25 Cancellation of certificates; investigations; examinations; proceedings; subpoenas and other process; witnesses; oaths; rules.—

(1) If it appears that a certificate of title has been improperly issued, the department shall cancel the certificate. Upon cancellation of any certificate of title, the department shall notify the person to whom the certificate of title was issued, as well as any lienholders appearing thereon, of the cancellation and shall demand the surrender of the certificate of title, but the cancellation shall not affect the validity of any lien noted thereon. The holder of the certificate of title shall return it to the department forthwith. If a certificate of registration has been issued to the holder of a certificate of title so canceled, the department shall immediately cancel the certificate of registration and demand the return of such certificate of registration and license plate or mobile home sticker; and the holder of such certificate of registration and license plate or sticker shall return them to the department forthwith.

(2) The department is authorized, upon application of any person and payment of the proper fees, to prepare and furnish lists containing title information in such form as the department may authorize, to search the records of the department and make reports thereof, and to make photographic copies of the department records and attestations thereof, except as provided in chapter 119.

(3) The department may conduct investigations and examinations of any person suspected of violating or of having violated this chapter or any rule adopted or order issued under this chapter.

(4) For purposes of any investigation or examination conducted pursuant to this section, the department may exercise the power of subpoena and the powers to administer oaths or affirmations, to examine witnesses, to require affidavits, to take depositions, and to compel the attendance of witnesses and the production of books, papers, documents, records, and other evidence. An authorized representative of the department may serve a subpoena relating to an investigation or examination.

(5) If a person refuses to testify; to produce books, papers, documents, or records; or to otherwise obey the subpoena or subpoena duces tecum issued under subsection (4), the department may petition a court of competent jurisdiction in the county where the person’s residence or principal place of business is located, upon which the court must issue an order requiring such person to obey the subpoena or show cause for failing to obey the subpoena. Unless the person shows sufficient cause for failing to obey the subpoena, the court must direct the person to obey the subpoena. Failure to comply with such order is contempt of court.

(6) For the purpose of any investigation, examination, or proceeding initiated by the department under this chapter, the department may designate agents to serve subpoenas and other process and to administer oaths or affirmations.

(7) Information received by the department as a result of an investigation or examination conducted pursuant to this section is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation or examination ceases to be active or administrative action taken by the department has concluded or been made part of a hearing or court proceeding. The department may release information that is made confidential and exempt under this subsection in furtherance of its official duties and responsibilities or, if released to another governmental agency, in the furtherance of that agency’s official duties and responsibilities. This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature.

(8) The department may adopt rules to administer this section.

History.—s. 6, ch. 23658, 1947; s. 5, ch. 25150, 1949; s. 6, ch. 28184, 1953; s. 1, ch. 59-157; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 4, ch. 79-344; s. 2, ch. 82-130; s. 11, ch. 82-134; s. 38, ch. 94-306; s. 3, ch. 97-185; s. 5, ch. 2021-187; s. 2, ch. 2021-237; s. 21, ch. 2022-4.

F.S. 319.25 on Google Scholar

F.S. 319.25 on Casetext

Amendments to 319.25

Arrestable Offenses / Crimes under Fla. Stat. 319.25

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 319.25.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In MOFFITT, v. s, 390 B.R. 368 (Bankr. E.D. Ark. 2008)

. . . Moffitts’ mortgage account current by making certain reversals and adjustments to complete a payment of $319.25 . . . Online payment September 28, 2007 October 2007 $319.19 Online payment November 2, 2007 November 2007 $319.25 . . . Online payment December 4, 2007 December 2007 $319.25 Online payment January 4, 2007 January 2008 $319.25 . . . It is not clear how ASC intends to make up a full $319.25 payment, as Ms. . . .

WILSON, v. STATE, 957 So. 2d 683 (Fla. Dist. Ct. App. 2007)

. . . Wilson was later resentenced under Heggs receiving concurrent 319.25-month sentences for the first four . . . As to his four 319.25-month sentences, courts deciding whether Apprendi error occurred before Blakely . . . Here, 319.25 months did not exceed the 30-year maximum sentence for a first degree felony. . . .

WALES, v. JACK M. BERRY, INC., 192 F. Supp. 2d 1313 (M.D. Fla. 2001)

. . . 280.75 1,458.75 Mackall 2,160.00 590.75 1,569.25 Hardie 767.25 259.50 507.75 Anderson 426.25 107.00 319.25 . . . CM CO co H-1 OO to H-4 © © en Hardie © © © ^ 319.25 . . .

CMNY CAPITAL, L. P. L. P. v. DELOITTE TOUCHE,, 821 F. Supp. 152 (S.D.N.Y. 1993)

. . . standards promulgated by the American Institute of Certified Public Accountants, including: AU § 319.12—§ 319.25 . . .

In INSLAW, INC., 97 B.R. 685 (Bankr. D.D.C. 1989)

. . . Nannes 319.25 125. 39,906.25 R. Conway 193.25 170. 32,852.50 L. Garr 167.25 140. 23,415.00 E. . . .

FEDERAL DEPOSIT INSURANCE CORP. v. MARTINEZ ALMODOVAR,, 674 F. Supp. 401 (D.P.R. 1987)

. . . 5,450.00 8-31-83 65.25 32.25 8,460.00 11-30-83 104.25 60.00 14,025.00 2-29-84 _.25 12.00 745.00 378.50 319.25 . . .

HIRSCHEY, v. FEDERAL ENERGY REGULATORY COMMISSION,, 777 F.2d 1 (D.C. Cir. 1985)

. . . the hours claimed are not otherwise in dispute, we find that the petitioner is entitled to include 319.25 . . .

HIRSCHEY, v. FEDERAL ENERGY REGULATORY COMMISSION,, 250 U.S. App. D.C. 1 (D.C. Cir. 1985)

. . . the hours claimed are not otherwise in dispute, we find that the petitioner is entitled to include 319.25 . . .

D. ALSTON, v. ALSTON a k a, 438 So. 2d 202 (Fla. Dist. Ct. App. 1983)

. . . Travelers Indemnity Co. of Rhode Island, 408 So.2d 741, 742 (Fla. 3d DCA 1982); § 319.25(2), Fla. . . .

J. CROWE, v. S. LUCAS, S., 479 F. Supp. 1258 (N.D. Miss. 1979)

. . . Robert Lawson Holladay Hours in court 64 Hours out of court 255.25 Total 319.25 3. John H. . . .

E. MORTENSEN v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION, 79 F.R.D. 603 (D.N.J. 1978)

. . . The monthly payment of interest and amortization will amount to $319.25, plus a monthly tax payment. . . .

UNITED STATES v. MELCHIORRE, t a Co., 292 F. Supp. 305 (E.D. Va. 1968)

. . . District Director made assessments against Ignazio Melchiorre in the respective sums of $179.21 and $319.25 . . .

LAMONT, v. COMMISSIONER OF MOTOR VEHICLES R. L. Co., 269 F. Supp. 880 (S.D.N.Y. 1967)

. . . . § 319.25(5) (a), F.S.A. (1965); Ill.Rev.Stat. ch. 95%, § 3-418 (1959); Ind.Ann.Stat § 47-2625 (Burns . . .

v., 46 T.C. 199 (T.C. 1966)

. . . a) Purchases_ $30,319.26 Packing and crating_ $10,405.00 6-percent handling charges_ 19,914. 25 30, 319.25 . . .

C. MAY, v. CITIZENS NATIONAL BANK OF ORLANDO, a C. L., 100 So. 2d 651 (Fla. Dist. Ct. App. 1958)

. . . Provision for such inquiries is made by statute, Section 319.25 (5) (b), Florida Statutes, F.S.A. . . .

In LIGHTHALL, 221 F. 791 (N.D.N.Y. 1915)

. . . the estate In bankruptcy of said John II. lághthall, to pay over to said administratrices the sum of $319.25 . . .