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Florida Statute 319.28 | Lawyer Caselaw & Research
F.S. 319.28 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 319
TITLE CERTIFICATES
View Entire Chapter
F.S. 319.28
319.28 Transfer of ownership by operation of law.
(1)(a) In the event of the transfer of ownership of a motor vehicle or mobile home by operation of law as upon inheritance, devise or bequest, order in bankruptcy, insolvency, replevin, attachment, execution, or other judicial sale or whenever the engine of a motor vehicle is replaced by another engine or whenever a motor vehicle is sold to satisfy storage or repair charges or repossession is had upon default in performance of the terms of a security agreement, chattel mortgage, conditional sales contract, trust receipt, or other like agreement, and upon the surrender of the prior certificate of title or, when that is not possible, presentation of satisfactory proof to the department of ownership and right of possession to such motor vehicle or mobile home, and upon payment of the fee prescribed by law and presentation of an application for certificate of title, the department may issue to the applicant a certificate of title thereto.
(b) When the application for a certificate of title is made by an heir of a previous owner who died intestate, it shall not be necessary to accompany the application with an order of a probate court if the applicant files with the department an affidavit that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate. If the previous owner died testate, the application shall be accompanied by a certified copy of the will, if probated, and an affidavit that the estate is solvent with sufficient assets to pay all just claims or, if the will is not being probated, by a sworn copy of the will and an affidavit that the estate is not indebted.
(c) If a surviving spouse who would be entitled to issuance of a certificate of title under paragraph (b) wishes to dispose of the vehicle rather than retaining it for his or her own use, the surviving spouse shall not be required to obtain a certificate of title in his or her own name, but may assign to the transferee the certificate of title which was issued to the decedent. An application for a certificate of title by an applicant taken through such a surviving spouse under this paragraph shall be accompanied by the same documentation as would an application by a surviving spouse under paragraph (b), which documentation shall be supplied to the transferee by the surviving spouse.
(d) A mobile home that is repossessed is exempt from registration if the mobile home is not transferred or titled for occupancy.
(2)(a) Except as provided in paragraph (b), only an affidavit by the person, or agent of the person, to whom possession of such motor vehicle or mobile home has so passed, setting forth facts entitling him or her to such possession and ownership, together with a copy of the journal entry, court order, or instrument upon which such claim of possession and ownership is founded, shall be considered satisfactory proof of ownership and right of possession.
(b) In case of repossession of a motor vehicle or mobile home pursuant to the terms of a security agreement or similar instrument, an affidavit by the party to whom possession has passed stating that the vehicle or mobile home was repossessed upon default in the terms of the security agreement or other instrument shall be considered satisfactory proof of ownership and right of possession. At least 5 days prior to selling the repossessed vehicle, any subsequent lienholder named in the last issued certificate of title shall be sent notice of the repossession by certified mail, on a form prescribed by the department. If such notice is given and no written protest to the department is presented by a subsequent lienholder within 15 days after the date on which the notice was mailed, the certificate of title shall be issued showing no liens. If the former owner or any subsequent lienholder files a written protest under oath within such 15-day period, the department shall not issue the certificate of title for 10 days thereafter. If within the 10-day period no injunction or other order of a court of competent jurisdiction has been served on the department commanding it not to deliver the certificate of title, the department shall deliver the certificate of title to the applicant or as may otherwise be directed in the application showing no other liens than those shown in the application. Any lienholder who has repossessed a vehicle in this state in compliance with the provisions of this section must apply to a tax collector’s office in this state or to the department for a certificate of title pursuant to s. 319.323. Proof of the required notice to subsequent lienholders shall be submitted together with regular title fees. Any person found guilty of violating any requirements of this paragraph shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the applicant for a certificate of title under this section cannot produce satisfactory proof of ownership and right of possession, he or she may submit such evidence as he or she may have, and the department may thereupon, if it finds the evidence sufficient, issue a certificate of title.
(3) A dealer of industrial equipment who conducts a repossession, as defined in s. 493.6101(22), of such equipment is not subject to licensure as a recovery agent or recovery agency if the dealer is regularly engaged in the sale of the equipment for a particular manufacturer, the lender is affiliated with that manufacturer, and the dealer uses his or her own employees to make such repossessions.
History.s. 9, ch. 23658, 1947; ss. 1, 2, ch. 23723, 1947; s. 7, ch. 25150, 1949; s. 8, ch. 28184, 1953; s. 1, ch. 61-446; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 13, ch. 82-134; s. 10, ch. 83-218; s. 344, ch. 95-148; s. 9, ch. 95-333; s. 15, ch. 96-413; s. 257, ch. 99-248; s. 113, ch. 2002-20; s. 14, ch. 2010-223; s. 24, ch. 2012-181; s. 24, ch. 2013-160.

F.S. 319.28 on Google Scholar

F.S. 319.28 on Casetext

Amendments to 319.28


Arrestable Offenses / Crimes under Fla. Stat. 319.28
Level: Degree
Misdemeanor/Felony: First/Second/Third

S319.28 1b - PUBLIC ORDER CRIMES - VIOL OF DOC REQ FOR REPOSSESSED MOTOR VEHICLES - F: T
S319.28 2b - PUBLIC ORDER CRIMES - FAIL TO TRANSF OWNERSHIP VEH M/H - F: T
S319.28 2b - PUBLIC ORDER CRIMES - FAILURE TO DISCLOSE VEH SOLD WAS REPOSSESSED - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

US CITRUS SCIENCE COUNCIL CPR v. UNITED STATES DEPARTMENT OF AGRICULTURE, 312 F. Supp. 3d 884 (E.D. Cal. 2018)

. . . . § 319.28(a)(1)-(3) (2015). . . .

HINSHAW, v. MOORE, 666 F. App'x 565 (8th Cir. 2016)

. . . MAI-CR 3d § 319.28. . . .

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, . . . Stat § 319.28, which include transfers by “inheritance, devise or bequest, order in bankruptcy, insolvency . . . Stat. § 319.28(l)(a).” * * * “... . . . Stat. § 319.28(l)(a) (2015) (emphasis added). . 11 U.S.C. § 301. . . . .

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 . . .

Jo BOWEN v. TAYLOR- CHRISTENSEN,, 98 So. 3d 136 (Fla. Dist. Ct. App. 2012)

. . . . § 319.28, Fla. Stat. (2012). . . .

In DIAZ,, 416 B.R. 902 (Bankr. S.D. Fla. 2009)

. . . . § 319.28(2)(b) expressly recognizes that ownership transfers to the secured creditor upon repossession . . . In re Kalter, 292 F.3d at 1358 (quoting Fla.Stat. § 319.28(2)(b)). . . . earlier, the court looked to Florida’s Certificate of Title statute for its explicit recognition in § 319.28 . . .

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

. . . The statute provides an exception (embodied in § 319.28(1)) for a vehicle which has been transferred . . . title from the Florida Department of Highway Safety and Motor Vehicles (the “Florida DMV”)- Section 319.28 . . . Citing to TL-23(I) of the DMV Procedures Manual, the court noted that the DMV has interpreted § 319.28 . . . Stat. 319.22(1) provides: Except as provided in ss 319.21 and 319.28, a person acquiring a motor vehicle . . . Stat. 319.28(l)(a) provides: In the event of the transfer of ownership of a motor vehicle or mobile home . . .

In CURRY, v., 347 B.R. 596 (B.A.P. 6th Cir. 2006)

. . . . § 319.28, expressly mandated that ownership transfers upon repossession. . . .

In L. JOHNSON,, 328 B.R. 234 (Bankr. M.D. Fla. 2005)

. . . . § 319.28, titled “Transfer of Ownership by Operation of Law”, “ownership passes when the creditor repossesses . . .

R. COX, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 881 So. 2d 641 (Fla. Dist. Ct. App. 2004)

. . . truck had been returned to the lienholder, which had issued an affidavit of repossession under section 319.28 . . .

In L. ESTIS, L. v., 311 B.R. 592 (Bankr. D. Kan. 2004)

. . . . § 319.28(1)(a) and (2)(b)). . Emphasis added. . See Motors Acceptance Corporation v. . . .

In MENASCHE, 301 B.R. 757 (Bankr. S.D. Fla. 2003)

. . . The Court found that “[a]lthough marketable title is only evidence of ownership, § 319.28 recognizes . . . Florida Statutes § 319.28(2)(b) provides that “[i]n case of repossession of a motor vehicle ... pursuant . . . Stat. § 319.28 is titled, Transfer of Ownership by Operation of Law. . . . .

In ROZIER, v., 283 B.R. 810 (Bankr. M.D. Ga. 2002)

. . . the court looked to Florida’s transfer of ownership by operation of law statute, Florida Statute § 319.28 . . . STAT. § 319.28. . . .

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

. . . Stat. § 319.28(2)(b). . . . Stat. § 319.28 exception to § 319.22 would make no sense. . . . Stat. § 319.28. . . . Stat. § 319.28(l)(a) (emphases added). . . . Stat. § 319.28), to hold that ownership transfers upon repossession. . . .

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

. . . Stat. § 319.28(2)(b). . . . Stat. § 319.28 exception to § 319.22 would make no sense. . . . Stat. § 319.28. . . . Stat. § 319.28(l)(a) (emphases added). . . . Stat. § 319.28), to hold that ownership transfers upon repossession. . . .

In J. GARCIA,, 276 B.R. 699 (Bankr. S.D. Fla. 2002)

. . . In so ruling, the district court found particular support in the language of Florida Statute § 319.28 . . . Stat. § 319.28(l)(a) (1999)(emphasis added). . . . Stat. § 319.28(2)(b) (1999)(emphasis added). . . . Florida Statutes § 319.28 is poorly drafted. . . . Section 319.28(l)(a) presupposes that there has already been a transfer of ownership. . . .

In MARTINEZ,, 283 B.R. 326 (Bankr. M.D. Fla. 2001)

. . . The Statute under consideration is entitled 319.28 Transfer of ownership by operation of law. . . . determine the rights to the collateral of the Debtors and the repossessing creditors by virtue of Fla.Stat. 319.28 . . .

In E. SHUNNARAH A., 268 B.R. 657 (Bankr. M.D. Fla. 2001)

. . . The court recognized the exception embodied by § 319.28(2)(b), which enables a creditor to repossess . . . The Court is not persuaded by Kalter’s rebanee on the “former owner” language in § 319.28 as support . . . Such a holding renders the procedural protections contained in § 319.28 meaningless. . . . CONCLUSION Because Creditor did not obtain a new certificate of title pursuant to Fla.Stat. § 319.28 . . . Although Kalter cites to § 319.28(1)(b), the text to which the court refers is actually that of § 319.28 . . .

In D. BAKER, D. v., 264 B.R. 759 (Bankr. M.D. Fla. 2001)

. . . interest in a repossessed vehicle until a new certificate of title is issued under Florida Statutes § 319.28 . . . holding on the fact that the procedures for transfer of title of a repossessed vehicle outlined in § 319.28 . . . Section 319.28 functions as procedural protection for a debtor’s ownership interest in a vehicle that . . . “Only after all of [the § 319.28] conditions are met can the creditor with a repossessed vehicle obtain . . . This Court will not interpret § 319.28 so as to render it superfluous and ineffective. . . .

In RAGAN,, 264 B.R. 776 (Bankr. S.D. Fla. 2001)

. . . In so ruling, the District Court found particular support in the language of Florida Statute § 319.28 . . . The court concluded that under Florida Statute § 319.28, the act of repossession causes ownership of . . .

In J. KALTER, M. v. J. M., 257 B.R. 93 (M.D. Fla. 2000)

. . . However, the law in Florida Statute Section 319.28(l)(b) makes it clear that upon repossession, the party . . . See Section 319.28, Fla.Stat. (1981). . . . As referenced above, the Florida courts construed Florida Statutes Section 319.28 as causing ownership . . . Credit Union in this case, but that the Florida Statutes governing title, specifically Florida Statutes 319.28 . . . Florida Statute 319.28(l)(b) reads as follows: "In case of repossession of a motor vehicle or mobile . . .

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 . . . One relevant exception to this rule is contained in Section 319.28 of the Florida Statutes, which provides . . . If title transfer was automatic, the provisions in Chapter 319.28 would have no meaning. . . . repossessed collateral, the statute is modified and enhanced by the requirements of Florida Statute 319.28 . . .

In L. IFERD,, 225 B.R. 501 (Bankr. N.D. Fla. 1998)

. . . [section] 319.28, a person acquiring a motor vehicle ... from the owner thereof ... shall not acquire . . . Under § 319.28(2)(b), In the case of repossession of a motor vehicle ... pursuant to the terms of a security . . . Stat. § 319.28(2)(b). . . . There is no Florida case law on point with regard to § 319.28. . . . I shall construe § 319.28 as also affecting marketability and not validity of title. . . .

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 . . .

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

. . . Section 319.22(1), Florida Statutes (1985), states: (1) Except as provided in ss. 319.21 and 319.28, . . .

YOUNG, v. C. ROBINSON, d b a, 585 F.2d 723 (5th Cir. 1978)

. . . . § 319.28(l)(a). . 28 U.S.C.A. § 2281 et seq. . . .

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 . . .

JOHNSON v. ATLANTIC DISCOUNT CO., 45 Fla. Supp. 30 (Fla. Cty. Ct. 1976)

. . . In the event the automobile is repossessed, §319.28 prescribes a method whereby title can be transferred . . .

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)

. . . which provides in part as follows: “319.22 TRANSFER OF TITLE. “(1) Except as provided in §§ 319.21 and 319.28 . . .

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 . . .

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 . . .

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

. . . (1) “Except as provided in §§ 319.21 [relating to new cars or purchase of used cars by dealers] and 319.28 . . .

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

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

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

. . . 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 . . .