319.35 Unlawful acts in connection with motor vehicle odometer readings; penalties.—
(1)(a) It is unlawful for any person knowingly to tamper with, adjust, alter, set back, disconnect, or fail to connect an odometer of a motor vehicle, or to cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the motor vehicle has actually been driven, or to supply any written odometer statement knowing such statement to be false or based on mileage figures reflected by an odometer that has been tampered with or altered, except as hereinafter provided. It is unlawful for any person to knowingly bring into this state a motor vehicle which has an odometer that has been illegally altered.
(b) It is unlawful for any person to knowingly provide false information on the odometer readings required pursuant to ss. 319.23(3) and 320.02(2)(b).
(c) It is unlawful for any person to knowingly possess, sell, or offer for sale, conceal, or dispose of in this state a motor vehicle with an odometer that has been tampered with so as to reflect a lower mileage than the motor vehicle has actually been driven, except as provided in paragraph (2)(a) and subsection (3).
(2)(a) This section does not prevent the service, repair, or replacement of an odometer if the mileage indicated thereon remains the same as before the service, repair, or replacement. If the odometer is incapable of registering the same mileage as before such service, repair, or replacement, the odometer must be adjusted to read zero and a notice in writing must be attached to the door frame of the vehicle by the owner or his or her agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced.
(b) A person may not fail to adjust an odometer or affix a notice regarding such adjustment as required by paragraph (a).
(c) A person may not, with intent to defraud, remove or alter any notice affixed to a motor vehicle under paragraph (a).
(3) Any motor vehicle with an odometer that has been tampered with so as to reflect a lower mileage than the motor vehicle has actually been driven may not be knowingly operated on the streets and highways of the state in such condition unless the certificate of title and registration certificate of the vehicle have been conspicuously stamped so as to indicate the displayed mileage is inaccurate and written notice has been placed on the vehicle as described in paragraph (2)(a).
(4) If any person, with intent to defraud, possesses, sells, or offers to sell any motor vehicle with an odometer that has been illegally adjusted, altered, set back, or tampered with so as to reflect a lower mileage than the vehicle has actually been driven, such motor vehicle is contraband and is subject to seizure and forfeiture by a law enforcement agency or the department pursuant to ss. 932.701-932.704.
(5) Any person who intentionally violates the provisions 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.
...The statute requires that the surety bond must contain the following conditions: that the dealer will comply with any written contract made in connection with the sale or exchange of a motor vehicle, and that the dealer will not violate any of the provisions of chapter 319 and 320 in the conduct of its business. Section 319.35 makes it unlawful to knowingly tamper with or set back the odometer of a vehicle....
...I would recede from Honda Prelude and hold that the trial court had jurisdiction to consider the Town of Oakland's forfeiture complaint. However, because I am bound by this court's opinion in Honda Prelude, I concur in the opinion. NOTES [1] Odometer fraud is a third degree felony, section 319.35(5), Fla....
Cited 3 times | Published | Florida 5th District Court of Appeal | 1992 WL 235339
...rit. REVERSED and REMANDED. W. SHARP and COWART, JJ., concur. NOTES [1] Orders granting motions to dismiss in criminal cases are appealable. State v. Smith, 578 So.2d 826 (Fla. 5th DCA 1991); State v. Saufley, 574 So.2d 1207 (Fla. 5th DCA 1991). [2] § 319.35(1)(a), Fla....
...Batten challenges the judgments and concurrent sentences of five years’ imprisonment on each count imposed on him after a jury found him guilty of grand theft, a violation of section 812.014(2)(c)(2), Florida Statutes (1999), and odometer fraud, a violation of section 319.35(l)(c), Florida Statutes (1999)....
...on associated with the purchase and sale of motor vehicles. These arguments im-permissibly bolstered the State’s case that Batten knowingly misrepresented the *495 mileage on the car he sold to Marston, an essential element of both offenses. See §§ 319.35, 812.014....
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