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Florida Statute 319.33 | Lawyer Caselaw & Research
F.S. 319.33 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. 319.33
319.33 Offenses involving vehicle identification numbers, applications, certificates, papers; penalty.
(1) It is unlawful:
(a) To alter or forge any certificate of title to a motor vehicle or mobile home or any assignment thereof or any cancellation of any lien on a motor vehicle or mobile home.
(b) To retain or use such certificate, assignment, or cancellation knowing that it has been altered or forged.
(c) To procure or attempt to procure a certificate of title to a motor vehicle or mobile home, or pass or attempt to pass a certificate of title or any assignment thereof to a motor vehicle or mobile home, knowing or having reason to believe that such motor vehicle or mobile home has been stolen.
(d) To possess, sell or offer for sale, conceal, or dispose of in this state a motor vehicle or mobile home, or major component part thereof, on which any motor number or vehicle identification number that has been affixed by the manufacturer or by a state agency, such as the Department of Highway Safety and Motor Vehicles, which regulates motor vehicles has been destroyed, removed, covered, altered, or defaced, with knowledge of such destruction, removal, covering, alteration, or defacement, except as provided in s. 319.30(4).
(e) To use a false or fictitious name, give a false or fictitious address, or make any false statement in any application or affidavit required under the provisions of this chapter or in a bill of sale or sworn statement of ownership or otherwise commit a fraud in any application.
(2) It is unlawful for any person knowingly to obtain goods, services, credit, or money by means of an invalid, duplicate, fictitious, forged, counterfeit, stolen, or unlawfully obtained certificate of title, registration, bill of sale, or other indicia of ownership of a motor vehicle or mobile home.
(3) It is unlawful for any person knowingly to obtain goods, services, credit, or money by means of a certificate of title to a motor vehicle or mobile home, which certificate is required by law to be surrendered to the department.
(4) It is unlawful for any person knowingly and with intent to defraud to have in his or her possession, sell, offer to sell, counterfeit, or supply a blank, forged, fictitious, counterfeit, stolen, or fraudulently or unlawfully obtained certificate of title, registration, bill of sale, or other indicia of ownership of a motor vehicle or mobile home or to conspire to do any of the foregoing.
(5) It is unlawful for any person, firm, or corporation to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, supply in blank, or give away any counterfeit manufacturer’s or state-assigned identification number plates or serial plates or any decal used for the purpose of identification of any motor vehicle; or for any officer, agent, or employee of any person, firm, or corporation, or any person who shall authorize, direct, aid in exchange, or give away such counterfeit manufacturer’s or state-assigned identification number plates or serial plates or any decal; or conspire to do any of the foregoing. However, nothing in this subsection shall be applicable to any approved replacement manufacturer’s or state-assigned identification number plates or serial plates or any decal issued by the department or any state.
(6) Any person who violates any provision of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any motor vehicle used in violation of this section shall constitute contraband which may be seized by a law enforcement agency and shall be subject to forfeiture proceedings pursuant to ss. 932.701-932.704. This section is not exclusive of any other penalties prescribed by any existing or future laws for the larceny or unauthorized taking of motor vehicles or mobile homes, but is supplementary thereto.
(7)(a) If all identifying numbers of a motor vehicle or mobile home do not exist or have been destroyed, removed, covered, altered, or defaced, or if the real identity of the motor vehicle or mobile home cannot be determined, the motor vehicle or mobile home shall constitute contraband and shall be subject to forfeiture by a seizing law enforcement agency, pursuant to applicable provisions of ss. 932.701-932.704. Such motor vehicle shall not be operated on the streets and highways of the state unless, by written order of a court of competent jurisdiction, the department is directed to assign to the vehicle a replacement vehicle identification number which shall thereafter be used for identification purposes. If the motor vehicle is confiscated from a licensed motor vehicle dealer as defined in s. 320.27, the dealer’s license shall be revoked.
(b) If all numbers or other identifying marks manufactured on a major component part have been altered, defaced, destroyed, or otherwise removed for the purpose of concealing the identity of the major component part, the part shall constitute contraband and shall be subject to forfeiture by a seizing law enforcement agency, pursuant to applicable provisions of ss. 932.701-932.704. Any major component part forfeited under this subsection shall be destroyed or disposed of in a manner so as to make it unusable.
History.s. 14, ch. 23658, 1947; s. 1, ch. 69-9; ss. 24, 35, ch. 69-106; s. 190, ch. 71-136; s. 18, ch. 82-134; s. 1, ch. 85-155; s. 20, ch. 87-243; s. 5, ch. 90-283; s. 347, ch. 95-148; s. 96, ch. 99-13; s. 258, ch. 99-248; s. 114, ch. 2002-20; s. 12, ch. 2002-235.

F.S. 319.33 on Google Scholar

F.S. 319.33 on Casetext

Amendments to 319.33


Arrestable Offenses / Crimes under Fla. Stat. 319.33
Level: Degree
Misdemeanor/Felony: First/Second/Third

S319.33 1a - FORGERY OF - MTR VEH MOBILE HOME TITLE LIEN CANCELLATION - F: T
S319.33 1b - PASS FORGED - USE MTR VEH ETC TITLE LIEN CANCELLATION - F: T
S319.33 1b - POSSESS FORGED - RETAIN MTR VEH ETC TITLE LIEN CANCELLATION - F: T
S319.33 1c - FRAUD - PROCURE OR PASS TITLE ON STOLEN VEHICLE - F: T
S319.33 1d - PASS FORGED - SELL VEHICLE WITH ALTERED NUMBERS - F: T
S319.33 1d - PROPERTY CRIMES - POSSESS VEHICLE WITH ALTERED NUMBERS - F: T
S319.33 1e - FRAUD-FALSE STATEMENT - IN TITLE TRANSFER - F: T
S319.33 2 - FRAUD - OBTAIN GOODS ETC WITH INVALID VEHICLE TITLE - F: T
S319.33 3 - FRAUD - OBTAIN GOODS ETC BY NON SURRENDERED TITLE - F: T
S319.33 4 - COUNTERFEITING OF - MTR VEH TITLE REGISTRATION BILL OF SALE ETC - F: T
S319.33 4 - PASS FORGED - SELL FORGED MOTOR VEHICLE TITLE ETC - F: T
S319.33 4 - PASS COUNTERFEITED - SELL COUNTERFEIT MOTOR VEHICLE TITLE ETC - F: T
S319.33 4 - POSSESS FORGED - MTR VEH TITLE REGISTRATION BILL OF SALE ETC - F: T
S319.33 4 - POSSESS COUNTERFEITED - MTR VEH TITLE REGISTRATION BILL OF SALE ETC - F: T
S319.33 4 - FRAUD - POSSESS BLANK FRAUD OBTAINED MTR VEH TITLE ETC - F: T
S319.33 4 - FRAUD - SELL BLANK FRAUD OBTAINED MTR VEH TITLE ETC - F: T
S319.33 4 - SALE OF STOLEN PROP - MTR VEH TITLE REGISTRATION BILL OF SALE ETC - F: T
S319.33 4 - POSSESS STOLEN PROP - MTR VEH TITLE REGISTRATION BILL OF SALE ETC - F: T
S319.33 4 - STOLEN PROP-DEAL IN - MTR VEH TITLE REGISTRATION BILL OF SALE ETC - F: T
S319.33 5 - COUNTERFEITING OF - MTR VEH IDENTIFICATION NUMBER PLATES OR DECAL - F: T
S319.33 5 - PASS COUNTERFEITED - SELL SUPPLY BLANK MTR VEH ID NUMB PLATE DECAL - F: T
S319.33 5 - POSSESS COUNTERFEITED - MTR VEH IDENTIFICATION NUMBER PLATES OR DECAL - F: T


Civil Citations / Citable Offenses under S319.33
R or S next to points is Mandatory Revocation or Suspension

S319.33 (4) Possession of a COUNTERFEIT/FICTITIOUS motor vehicle registration - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

TEJADA, v. CADILLAC ESCALADE VIN NO, 267 So. 3d 1032 (Fla. App. Ct. 2019)

. . . responded that summary judgment was properly entered because it established the elements of section 319.33 . . . The Third District allowed the forfeiture of a vehicle under section 319.33 because the City alleged . . . Here, the defendant violated section 319.33(1)(e), which provides it is unlawful "[t]o use a false or . . . The Escalade was also contraband under section 319.33(1)(e). . . . ." § 319.33(1)(e), Fla. Stat. (2016). . . .

K. D. T. v. STATE, 128 So. 3d 254 (Fla. Dist. Ct. App. 2013)

. . . motor vehicle identification number “has been destroyed, removed, covered, altered, or defaced,” § 319.33 . . .

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

. . . identification numbers, applications and certificates, Florida State Statutes, 812.014, 831.01, and 319.33 . . .

STATE v. MARRERO,, 890 So. 2d 1278 (Fla. Dist. Ct. App. 2005)

. . . selling or possessing a motor vehicle with altered vehicle identification numbers, a violation of section 319.33 . . .

GYULVESZI, v. STATE, 805 So. 2d 84 (Fla. Dist. Ct. App. 2002)

. . . . §§ 319.33(l)(a), 812.014(2)(c)(6), Fla. Stat. (1997). . . .

E. BEARY, v. BRUCE, III,, 804 So. 2d 579 (Fla. Dist. Ct. App. 2002)

. . . VINs and seven modified Federal Safety Standard Stickers, a violation of sections 319.30(5)(b) and 319.33 . . .

CITY OF MARGATE, v. SINGH, 778 So. 2d 1080 (Fla. Dist. Ct. App. 2001)

. . . consistent with the title, the City filed a complaint for forfeiture based on a violation of section 319.33 . . . has been destroyed, removed, covered, altered, or defaced, with knowledge of such destruction ...” § 319.33 . . . The defendant in Cooper was convicted of violating section 319.33(l)(d) and appealed, arguing that the . . . majority rejected that contention, explaining: It is clear that the legislative intent for section 319.33 . . . Construing section 319.33(l)(d) most favorably to the appellant, we find no violation. Affirmed. . . .

F. EVANS, v. STATE, 737 So. 2d 1167 (Fla. Dist. Ct. App. 1999)

. . . . § 319.33(d), Fla. Stat. (1995). . . .

JACKSON, v. STATE, 736 So. 2d 77 (Fla. Dist. Ct. App. 1999)

. . . motor vehicle with an altered vehicle identification number, contrary to sections 812.014(l)(c)6 and 319.33 . . . Section 319.33(l)(d), Florida Statutes (1997), makes it unlawful to “possess ... a motor vehicle ... . . . Section 319.33(l)(d) requires that a defendant’s possession be “with knowledge” of the destruction, alteration . . . No other fact in evidence suggests the requisite state of mind for a section 319.33(l)(d) violation, . . .

STATE v. HOCKETT, v., 735 So. 2d 545 (Fla. Dist. Ct. App. 1999)

. . . because the State failed to allege an intent to defraud as an element of the offense described in section 319.33 . . .

In FORFEITURE OF ONE HONDA PRELUDE v., 730 So. 2d 334 (Fla. Dist. Ct. App. 1999)

. . . probable cause to seize the vehicle; apparently, the court determined that it was contraband under section 319.33 . . . That statute provides in part the following: 319.33 Offenses involving vehicle identification numbers . . .

ELLIS v. STATE, 714 So. 2d 1160 (Fla. Dist. Ct. App. 1998)

. . . “Obtaining A License Tag By Fraud,” but the body of the information charged a violation of section 319.33 . . . defendant’s] conduct, although perhaps prohibited by some other statute, is neither condemned by section 319.33 . . .

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

. . . of a stolen automobile which because of the VIN alterations was rendered “contraband” pursuant to § 319.33 . . . The pertinent part of section 319.33(7)(a) and (b), Florida Statutes (1993) dealing with motor vehicles . . .

STATE v. S. NUCKOLLS, III,, 677 So. 2d 12 (Fla. Dist. Ct. App. 1996)

. . . . § 319.33(l)(e), Fla.Stat. . § 117.09(2), Fla.Stat. . § 895.02(3) provides: “Enterprise” means any individual . . .

ROGERS, v. STATE, 656 So. 2d 245 (Fla. Dist. Ct. App. 1995)

. . . these same elements must be proven with regard to a violation of the prior charge pursuant to section 319.33 . . . However, we do not agree that section 319.33(l)(d) has any of the same elements. . . . Section 319.33(6) provides that any person who violates section 319.33 is guilty of a felony of the third . . . Const. . § 319.33(l)(d), Fla.Stat. . See Blockburger v. . . . Section 319.33 provides as follows: 319.33 Offenses involving vehicle identification numbers, applications . . .

M. ROBERTS M. II, v. AUTO PLAN, INC. a, 632 So. 2d 642 (Fla. Dist. Ct. App. 1994)

. . . See §§ 319.33(l)(e), 320.131, Fla.Stat. (1991). Of equal interest, Mr. . . .

MOORE, v. STATE, 623 So. 2d 842 (Fla. Dist. Ct. App. 1993)

. . . . § 319.33(1)(d), Fla.Stat. (1991). .§ 812.022, Fla.Stat. (1991). . . .

STATE v. NUCKOLLS, III, 617 So. 2d 724 (Fla. Dist. Ct. App. 1993)

. . . Theft, F.S. 812.014(2), Forgery, F.S. 831.01, Odometer Fraud, F.S. 319.35(l)(a), Title Fraud, F.S. 319.33 . . .

R. TROYER, v. STATE, 610 So. 2d 530 (Fla. Dist. Ct. App. 1992)

. . . The body of the information, however, charged a violation of section 319.33, Florida Statutes, a statute . . . Troyer’s conduct, although perhaps prohibited by some other statute, is neither condemned by section 319.33 . . .

STATE v. NUCKOLLS, III,, 606 So. 2d 1205 (Fla. Dist. Ct. App. 1992)

. . . . § 319.33, Fla.Stat. (1989). . § 117.09(2), Fla.Stat. (1989). . . . .

COOPER, v. STATE, 585 So. 2d 489 (Fla. Dist. Ct. App. 1991)

. . . possession of a motor vehicle with a removed vehicle identification number in violation of section 319.33 . . . Section 319.33(1)(d) provides that it is an offense to possess a motor vehicle “on which the motor number . . . It is clear that the legislative intent for section 319.33(1)(d) was to provide for ready ascertainment . . . Section 319.33(l)(d) makes it an offense to possess a motor vehicle on which the motor number or vehicle . . .

ADKINS, v. STATE, 576 So. 2d 392 (Fla. Dist. Ct. App. 1991)

. . . making a false statement in an application for a vehicle title (Count IX), in violation of section 319.33 . . .

CITY OF SWEETWATER, v. A. ZALDIVAR,, 559 So. 2d 660 (Fla. Dist. Ct. App. 1990)

. . . and that, pursuant to section 319.33(6), the vehicle was subject to forfeiture. . . . Section 319.33(l)(e) provides that: “It is unlawful ... . . . Section 319.33(6) provides that “[a]ny person who violates any provision of this section is guilty of . . . vehicle was used in violation of section 319.33. . . . subject to forfeiture any vehicle used in violation of section 319.33. . . .

STATE v. JAMES, 543 So. 2d 288 (Fla. Dist. Ct. App. 1989)

. . . intent to commit fraud in an application for a motor vehicle registration and/or title in violation of § 319.33 . . . Although not raised by the sworn motion to dismiss, it appears that § 319.33(1)(e) applies only to motor . . . To the extent the State has utilized § 319.33(1)(e) to charge false statement in an application for a . . .

CITY OF ST. PETERSBURG BEACH, v. JEWELL,, 489 So. 2d 78 (Fla. Dist. Ct. App. 1986)

. . . Sections 319.33(l)(e), 319.33(4), Fla.Stat. (1985). . . . concerning the title certificate would appear to be more closely related to section 843.02 than to section 319.33 . . . further indicate that that conduct was not meant by the legislature to be encompassed within section 319.33 . . . commission of the crime of fraudulently obtaining either an automobile title certificate under section 319.33 . . .

F. HUTCHINSON, Sr. v. STATE, 479 So. 2d 267 (Fla. Dist. Ct. App. 1985)

. . . offenses involving vehicle identification numbers, applications, and certificates as proscribed by § 319.33 . . .

PRINCETON BANK AND TRUST v. ROWE, 9 Fla. Supp. 2d 106 (Fla. Cir. Ct. 1985)

. . . In support of his contention he quotes Florida Statute 319.33(1) which provides in part as follows: “ . . .

DAVIS, Jr. v. STATE, 445 So. 2d 627 (Fla. Dist. Ct. App. 1984)

. . . Section 319.33(l)(e), as noted above, requires that the false statement allegedly made by the defendant . . .

ELLIOTT v. STATE, 414 So. 2d 649 (Fla. Dist. Ct. App. 1982)

. . . Ronald Elliott was also charged with violating section 319.33(1), which prohibits making false statements . . . The state charged appellant with violating section 319.33(l)(e) by making a false statement in an application . . . Section 319.33(l)(e) provides: It is unlawful: To use a false or fictitious name, give a false or fictitious . . . Accordingly, we vacate Ronald Elliott’s conviction for violating section 319.33(l)(e). . . .

STATE v. COPHER,, 395 So. 2d 635 (Fla. Dist. Ct. App. 1981)

. . . charge of sale of a motor vehicle with an altered or destroyed motor number, in violation of section 319.33 . . . Section 319.33(l)(d) provides: (1) It is unlawful: (d) To sell or offer for sale in this state a motor . . . As we read section 319.33(l)(d), this statute requires only knowledge of the alteration or destruction . . . (l)(d), requires a specific intent not required under section 319.33(l)(d), yet imposes a less harsh . . . Section 319.33 provides: (1)It is unlawful: (a) To alter or forge any certificate of title to a motor . . .

STATE v. KENNEDY,, 390 So. 2d 456 (Fla. Dist. Ct. App. 1980)

. . . The state charged Mike Kennedy with violation of section 319.33(l)(d), Florida Statutes (1979), alleging . . .

R. JALBERT, v. STATE, 366 So. 2d 1207 (Fla. Dist. Ct. App. 1979)

. . . knowingly obtaining money by means of a forged motor vehicle certificate of title, which is forbidden by § 319.33 . . . 831.02, Fla.Stat. (1977) and (b) because the legislature’s specific treatment of such certificates in § 319.33 . . . Moreover, since the specific certificate of title criminal provisions contained in § 319.33, Fla.Stat . . . as to both charges because he did not possess the “specific intent” to defraud required under both § 319.33 . . . which the “specific” statute provided for a lesser penalty than the general one, violations of both § 319.33 . . .

STARK, v. STATE, 316 So. 2d 586 (Fla. Dist. Ct. App. 1975)

. . . . § 319.33(1) (d) (1971) was insufficient to show that at the time she sold the stolen automobile she . . . Fla.Stat. § 319.33(1) (d) is a specific intent crime and as such the State has the burden of affirmatively . . . Fla.Stat. § 319.33(1) (d) (1971) provides: “ (1) It is unlawful: ' * * * * * “(d) To sell or offer for . . .

STACK, v. STATE LaFRATTA, 230 So. 2d 15 (Fla. Dist. Ct. App. 1969)

. . . manufacturer’s serial number has been destroyed, removed, covered, altered or defaced, contrary to F.S. 319.33 . . . Section 319.33, F.S.A. reads: “319.33 Alteration or forgery; procuring or passing certificate covering . . .

STATE, LaFRATTA v. STACK, 33 Fla. Supp. 64 (Broward Cty. Cir. Ct. 1969)

. . . manufacturer’s serial number has been destroyed, removed, covered, altered or defaced, contrary to F.S. 319.33 . . . Finally the petitioners argue that the information as worded does not charge an offense in violation of §319.33 . . . It appearing that probable cause may exist to believe that the said petitioner has violated §319.33, . . . It appearing that probable cause may exist to believe that the said petitioner has violated §319.33, . . .

G. SCHACK, v. STATE, 199 So. 2d 129 (Fla. Dist. Ct. App. 1967)

. . . name in the purchase of different motor vehicles on different dates contrary to the provisions of Sec. 319.33 . . .

GENERAL FINANCE CORPORATION OF FLORIDA SOUTH, v. UNITED STATES, 333 F.2d 681 (5th Cir. 1964)

. . . We hold that no fraud was committed, under § 319.33 and § 817.02 of the Florida statutes, F.S.A. . . .

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

. . . Sec. 319.33, Fla.Stat., F.S.A., makes it a crime for anyone to alter or forge a certificate of title . . .

NORTHERN PAC. RY. CO. v. UNITED STATES, 64 F. Supp. 1 (W.D. Wis. 1946)

. . . admitted liability on plaintiff’s claim described in paragraph IV of the complaint, in the sum of $319.33 . . . described in paragraph IV of the complaint, in the sum of Three Hundred Nineteen and 33/100 Dollars ($319.33 . . .