Odometer rollback is illegal in Florida, and so is knowingly selling a rolled-back car

Yes. In Florida it is against the law to roll back a car's odometer. It is also against the law to knowingly sell a car whose odometer was rolled back.

TL;DR:In Florida, it is against the law to roll back a car's odometer so it shows fewer miles. It is also against the law to sell a car you know was rolled back. It is against the law to sign a mileage statement you know is false. Breaking this law on purpose is a felony. A car sold with a rolled-back odometer to cheat a buyer can be taken by the state. A federal law also bans odometer tampering. A buyer who sues under that law must show the seller meant to cheat.

The odometer counts the miles a car has been driven. The number it shows is the odometer reading. Odometer rollback means setting that count back. It makes the car look less used than it is. Florida's rule is in Section 319.35, Florida Statutes. This article walks through Florida's odometer fraud laws. If you bought the car in another state, that state's law may differ.

Is odometer rollback illegal in Florida?

Yes. Florida law says no person may knowingly tamper with an odometer so it shows fewer miles than the car has gone. That covers setting it back, changing it, or unhooking it. It also covers not hooking it back up. The law uses the words “any person.” So it reaches private sellers, not only car dealers. The ban is in Section 319.35(1)(a), Florida Statutes.

The same law covers the paperwork. An odometer statement is a written statement of a car's miles. It is against the law to give one you know is false. It is also unlawful to give one based on a tampered odometer. It is unlawful to knowingly put false miles on the title and registration papers the law names. And it is unlawful to knowingly bring a car with an illegally changed odometer into Florida.

Is it illegal to sell a car with a rolled-back odometer?

Yes. In Florida it is unlawful to knowingly possess, sell, or offer for sale a car with a tampered odometer. Here, tampered means set to show fewer miles. It is also unlawful to knowingly hide that car or get rid of it. Some people think rollback is only a crime for the person who turned the miles back. Florida's law does not read that way. Knowingly selling or offering the car is unlawful too.

There is one more rule for sellers who mean to cheat. Say a person possesses, sells, or offers to sell a rolled-back car, and means to cheat a buyer. Then the car is contraband. Contraband is property the law lets the state take. Law enforcement or the Florida Department of Highway Safety and Motor Vehicles may seize the car.

Is odometer rollback a felony?

Yes, in Florida. Breaking the odometer law on purpose is a felony of the third degree. A third-degree felony is a serious crime under Florida law. Some people think rollback is only a paperwork problem. It is not. Under Section 319.35(5), Florida Statutes, breaking the law on purpose is a crime.

What if an odometer was repaired or replaced?

Not every change to an odometer breaks the law. The law allows one to be fixed or replaced. Sometimes a new one cannot show the same miles the old one showed. Florida's law has an exception for that case, and it sets rules for it. This article does not cover those steps.

Does federal law cover odometer fraud too?

Yes. A federal law, the Motor Vehicle Information and Cost Savings Act, also bans odometer tampering. People often call it the Odometer Act. It protects people who buy cars with changed or reset odometers. A federal court in Florida has held that a lawsuit under it must say the seller meant to cheat the buyer. Intent to cheat is part of the claim.

For more on the warning signs people look for before they buy, see our guide to used car fraud red flags. You can find all of our used car guides in one place.

What this article does not cover

This article explains what Florida's odometer law says. It leaves some things out on purpose:

• How to check a car for rollback, or how to read a vehicle history report such as Carfax.
• Prison terms or fine amounts for the felony.
• How much money a buyer can get back under the federal Odometer Act or under Florida law.
• Which cars do not need a mileage statement in Florida.
• The steps of the repair and replacement exception.

It also does not tell you what to do about your own car or seller. It describes the law.

Frequently asked questions

Educational only. Not legal advice.

Nothing here is legal services or advice about your situation. I am not available to represent you or to review your case. Reading this article does not create an attorney-client, fiduciary, or advisory relationship. Used-car laws, lemon laws, and consumer-protection statutes vary by state. Verify every rule, deadline, and remedy against the law where you live. If you have a problem like the one described above, the strongest protection is a consumer-protection attorney licensed in your state. Many consumer-protection statutes include fee-shifting and damages multipliers, which often makes representation affordable.