reglab/housing_qa huggingface dataset:
FL Stat § 328.05 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.05 - Crimes relating to certificates of title to, or other indicia of ownership of, vessels; penalties.

328.05 Crimes relating to certificates of title to, or other indicia of ownership of, vessels; penalties.—(1) It is unlawful for any person to procure or attempt to procure a certificate of title or duplicate certificate of title to a vessel, or to pass or attempt to pass a certificate of title or duplicate certificate of title to a vessel or any assignment thereof, if such person knows or has reason to believe that such vessel is stolen. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(2) 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, duplicate certificate of title, registration, bill of sale, or other indicia of ownership of a vessel or to conspire to do any of the foregoing. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(3) It is unlawful:(a) To alter or forge any certificate of title to a vessel or any assignment thereof or any cancellation of any lien on a vessel.(b) To retain or use such certificate, assignment, or cancellation knowing that it has been altered or forged.(c) 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.(d) To knowingly 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 vessel.(e) To knowingly obtain goods, services, credit, or money by means of a certificate of title to a vessel which certificate is required by law to be surrendered to the department.Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A violation of any provision of this subsection with respect to any vessel shall constitute such vessel as contraband which may be seized by a law enforcement agency, or the division, and which shall be subject to forfeiture pursuant to ss. 932.701-932.704.(4) This section is not exclusive of any other penalties prescribed by any existing or future laws for the larceny or unauthorized taking of vessels, but is supplementary thereto.History.—s. 4, ch. 80-266; s. 11, ch. 84-184; s. 3, ch. 85-252; s. 28, ch. 87-243; s. 9, ch. 87-392; s. 468, ch. 95-148.Note.—Former s. 371.763.
FL Stat § 328.055 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.055 - Maintenance of and access to files.

1328.055 Maintenance of and access to files.—(1) For each record relating to a certificate of title submitted to the department, the department shall:(a) Ascertain or assign the hull identification number for the vessel;(b) Maintain the hull identification number and all the information submitted with the application pursuant to s. 328.01(2) to which the record relates, including the date and time the record was delivered to the department; and(c) Index the files of the department as required by subsection (2).(2) The department shall maintain in its files the information contained in all certificates of title created under this part. The information in the files of the department must be searchable by the hull identification number of the vessel, the vessel number, the name of the owner of record, and any other method used by the department.(3) The department shall maintain in its files, for each vessel for which it has created a certificate of title, all title brands known to the department, the name of each secured party known to the department, the name of each person known to the department to be claiming an ownership interest, and all stolen property reports the department has received.History.—s. 9, ch. 2019-76.1Note.—Effective July 1, 2023.
FL Stat § 328.06 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.06 - Action required on creation of certificate of title.

1328.06 Action required on creation of certificate of title.—(1) On creation of a written certificate of title, the department shall promptly send the certificate to the secured party of record or, if none, to the owner of record at the address indicated for that person in the files of the department. On creation of an electronic certificate of title, the department shall promptly send a record evidencing the certificate to the owner of record and, if there is one, to the secured party of record at the address indicated for each person in the files of the department. The department may send the record to the person’s mailing address or, if indicated in the files of the department, an electronic address.(2) If the department creates a written certificate of title, any electronic certificate of title for the vessel is canceled and replaced by the written certificate. The department shall maintain in the files of the department the date and time of cancellation.(3) Before the department creates an electronic certificate of title, any written certificate for the vessel must be surrendered to the department. If the department creates an electronic certificate, the department shall destroy or otherwise cancel the written certificate for the vessel which has been surrendered to the department and maintain in the files of the department the date and time of destruction or other cancellation. If a written certificate being canceled is not destroyed, the department shall indicate on the face of the certificate that it has been canceled.History.—s. 10, ch. 2019-76.1Note.—Effective July 1, 2023.
FL Stat § 328.065 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.065 - Effect of possession of certificate of title; judicial process.

1328.065 Effect of possession of certificate of title; judicial process.—Possession of a certificate of title does not by itself provide a right to obtain possession of a vessel. Garnishment, attachment, levy, replevin, or other judicial process against the certificate is not effective to determine possessory rights to the vessel. This part does not prohibit enforcement under the laws of this state of a security interest in, levy on, or foreclosure of a statutory or common-law lien on a vessel. Absence of an indication of a statutory or common-law lien on a certificate does not invalidate the lien.History.—s. 11, ch. 2019-76.1Note.—Effective July 1, 2023.
FL Stat § 328.101 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.101 - Effect of missing or incorrect information.

1328.101 Effect of missing or incorrect information.—Except as otherwise provided in s. 679.337, a certificate of title or other record required or authorized by this part is effective even if it contains unintended scrivener’s errors or does not contain certain required information if such missing information is determined by the department to be inconsequential to the issuing of a certificate of title or other record.History.—s. 13, ch. 2019-76.1Note.—Effective July 1, 2023.
FL Stat § 328.125 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.125 - Termination statement.

1328.125 Termination statement.—(1) A secured party indicated in the files of the department as having a security interest in a vessel shall deliver a termination statement to the department and, on the debtor’s request, to the debtor, by the earlier of:(a) Twenty days after the secured party receives a signed demand from an owner for a termination statement and there is no obligation secured by the vessel subject to the security interest and no commitment to make an advance, incur an obligation, or otherwise give value secured by the vessel; or(b) If the vessel is consumer goods, 30 days after there is no obligation secured by the vessel and no commitment to make an advance, incur an obligation, or otherwise give value secured by the vessel.(2) If a written certificate of title has been created and delivered to a secured party and a termination statement is required under subsection (1), the secured party, not later than the date required by subsection (1), shall deliver the certificate to the debtor or to the department with the statement. If the certificate is lost, stolen, mutilated, destroyed, or is otherwise unavailable or illegible, the secured party shall deliver with the statement, not later than the date required by subsection (1), an application for a duplicate certificate meeting the requirements of s. 328.11.(3) On delivery to the department of a termination statement authorized by the secured party, the security interest to which the statement relates ceases to be perfected. If the security interest to which the statement relates was indicated on the certificate of title, the department shall create a new certificate and deliver the new certificate or a record evidencing an electronic certificate. The department shall maintain in its files the date and time of delivery to the department of the statement.(4) A secured party that fails to comply with this section is liable for any loss that the secured party had reason to know might result from its failure to comply and which could not reasonably have been prevented and for the cost of an application for a certificate of title under s. 328.01 or s. 328.11.History.—s. 16, ch. 2019-76.1Note.—Effective July 1, 2023.
FL Stat § 328.13 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.13 - Manufacturer’s statement of origin to be furnished.

328.13 Manufacturer’s statement of origin to be furnished.—(1) Any person selling a new vessel in this state shall furnish a manufacturer’s statement of origin to the purchaser of the vessel. The statement shall be signed and dated by an authorized representative of the manufacturer and shall indicate the complete name and address of the purchaser. The statement shall provide a complete description of the vessel, which shall include, but is not limited to, the hull identification number, hull length, hull material, type of propulsion, and model year of the vessel. The statement of origin shall be in English or accompanied by an English translation if the vessel was purchased outside the United States, and shall contain as many assignments thereon as may be necessary to show title in the name of the purchaser.(2) It is unlawful for a vessel manufacturer, manufacturer’s representative, or dealer to issue a manufacturer’s certificate of origin describing a vessel, knowing that such description is false or that the vessel described does not exist or for any person to obtain or attempt to obtain such manufacturer’s certificate of origin knowing the description is false or having reason to believe the vessel does not exist. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.History.—s. 1, ch. 69-167; s. 6, ch. 80-266; s. 15, ch. 84-184; s. 64, ch. 96-413.Note.—Former s. 371.791.
FL Stat § 328.14 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.14 - Rights of purchaser other than secured party.

1328.14 Rights of purchaser other than secured party.—(1) A buyer in ordinary course of business has the protections afforded by ss. 672.403(2) and 679.320(1) even if an existing certificate of title was not signed and delivered to the buyer or a new certificate listing the buyer as owner of record was not created.(2) Except as otherwise provided in ss. 328.145 and 328.22, the rights of a purchaser of a vessel who is not a buyer in ordinary course of business or a lien creditor are governed by the Uniform Commercial Code.History.—s. 17, ch. 2019-76.1Note.—Effective July 1, 2023.
FL Stat § 328.145 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.145 - Rights of secured party.

1328.145 Rights of secured party.—(1) Subject to subsection (2), the effect of perfection and nonperfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, is governed by the Uniform Commercial Code.(2) If, while a security interest in a vessel is perfected by any method under this part, the department creates a certificate of title that does not indicate that the vessel is subject to the security interest or contain a statement that it may be subject to security interests not indicated on the certificate:(a) A buyer of the vessel, other than a person in the business of selling or leasing vessels of that kind, takes free of the security interest if the buyer, acting in good faith and without knowledge of the security interest, gives value and receives possession of the vessel; and(b) The security interest is subordinate to a conflicting security interest in the vessel that is perfected under s. 328.12 after creation of the certificate and without the conflicting secured party’s knowledge of the security interest.History.—s. 18, ch. 2019-76.1Note.—Effective July 1, 2023.
FL Stat § 328.165 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.165 - Cancellation of certificates.

328.165 Cancellation of certificates.—1(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, and any lienholders appearing thereon, of the cancellation and shall demand the surrender of the certificate of title; however, the cancellation does not affect the validity of any lien noted thereon. The holder of the certificate of title shall immediately return it to the department. 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 the certificate of registration and the holder of such certificate of registration shall immediately return it to the department.(2) The department may, upon application by any person and payment of the proper fees, prepare and furnish lists containing title information in such form as the department authorizes, search the records of the department and make reports thereof, and make photographic copies of the department records and attestations thereof.History.—s. 62, ch. 99-248; s. 21, ch. 2019-76.1Note.—Section 21, ch. 2019-76, amended subsection (1), effective July 1, 2023, to read:(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, and any lienholders or secured parties appearing thereon, of the cancellation and shall demand the surrender of the certificate of title; however, the cancellation does not affect the validity of any lien or security interest noted thereon. The holder of the certificate of title shall immediately return it to the department. 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 the certificate of registration, and the holder of such certificate of registration shall immediately return it to the department.
FL Stat § 328.18 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.18 - Power to conduct investigations.

328.18 Power to conduct investigations.—The Department of Highway Safety and Motor Vehicles or any other law enforcement agency may make any investigation necessary to secure information required to carry out and enforce the provisions of this chapter.History.—s. 10, ch. 84-184; s. 62, ch. 95-333.
FL Stat § 328.19 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.19 - Penalty.

328.19 Penalty.—Except as otherwise provided in this chapter, any person convicted of violating any of the provisions of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 4, ch. 67-586; s. 305, ch. 71-136; s. 8, ch. 80-266; s. 50, ch. 91-224.Note.—Former s. 371.82.
FL Stat § 328.195 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.195 - Legislative intent.

328.195 Legislative intent.—It is declared to be the legislative intent that if any section, subsection, sentence, clause or provision of this chapter is held invalid the remainder of this chapter and chapter 327 shall not be affected.History.—s. 4, ch. 67-586.Note.—Former s. 371.83.
FL Stat § 328.20 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.20 - Disposition of fees.

328.20 Disposition of fees.—The Department of Highway Safety and Motor Vehicles shall deposit all funds collected by it pursuant to the provisions of this chapter in the Marine Resources Conservation Trust Fund.History.—s. 18, ch. 84-184; s. 161, ch. 94-356; s. 63, ch. 95-333; s. 21, ch. 96-321.
FL Stat § 328.21 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.21 - Transfer without delivery of certificate; operation or use without certificate; failure to surrender; other violations.

328.21 Transfer without delivery of certificate; operation or use without certificate; failure to surrender; other violations.—A person who:(1) Except as otherwise provided for in this chapter, purports to sell or transfer a vessel for which a certificate of title is required without delivering to the purchaser or transferee thereof a certificate of title thereto which is duly assigned to the purchaser as provided in this chapter or who operates or uses in this state a vessel for which a certificate of title is required, without the certificate having been obtained in accordance with this chapter, or upon which the certificate of title has been canceled;(2) Fails to surrender any certificate of title, certificate of registration, or sticker upon cancellation of the same by the department and notice thereof as prescribed in this chapter;(3) Fails to surrender the certificate of title to the department as provided in this chapter when the vessel has been destroyed, dismantled, or changed so that it is not the vessel described in the certificate of title; or(4) Violates any of the other provisions of this chapter, or any lawful rule adopted under this chapter,is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for each offense.History.—s. 67, ch. 96-413.
FL Stat § 328.22 (2021)
2021 Florida Statutes|Title XXIV - Vessels|Chapter 328 - Vessels: Title Certificates; Liens; Registration|Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)|328.22 - Transfer of ownership.

1328.22 Transfer of ownership.—(1) On voluntary transfer of an ownership interest in a vessel covered by a certificate of title, the following requirements apply:(a) If the certificate is a written certificate of title and the transferor’s interest is noted on the certificate, the transferor shall promptly sign the certificate and deliver it to the transferee. If the transferor does not have possession of the certificate, the person in possession of the certificate has a duty to facilitate the transferor’s compliance with this paragraph. A secured party does not have a duty to facilitate the transferor’s compliance with this paragraph if the proposed transfer is prohibited by the security agreement.(b) If the certificate of title is an electronic certificate of title, the transferor shall promptly sign by hand, or electronically if available, and deliver to the transferee a record evidencing the transfer of ownership to the transferee.(c) The transferee has a right enforceable by specific performance to require the transferor to comply with paragraph (a) or paragraph (b).(2) The creation of a certificate of title identifying the transferee as owner of record satisfies subsection (1).(3) A failure to comply with subsection (1) or to apply for a new certificate of title does not render a transfer of ownership of a vessel ineffective between the parties. Except as otherwise provided in s. 328.101, s. 328.14(1), s. 328.145, or s. 328.23, a transfer of ownership without compliance with subsection (1) is not effective against another person claiming an interest in the vessel.(4) A transferor that complies with subsection (1) is not liable as owner of the vessel for an event occurring after the transfer, regardless of whether the transferee applies for a new certificate of title.History.—s. 23, ch. 2019-76.1Note.—Effective July 1, 2023.