reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.045 - Title brands.

328.045 Title brands.—
(1) Unless subsection (3) applies, at or before the time the owner of record transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title created by the department, if the damage occurred while that person was an owner of the vessel and the person has notice of the damage at the time of the transfer, the owner shall:
(a) Deliver to the department an application for a new certificate that complies with s. 328.01 and includes the title brand designation “Hull Damaged”; or
(b) Indicate on the certificate in the place designated for that purpose that the vessel is hull damaged and deliver the certificate to the transferee.
(2) Not later than 30 days after delivery of the application under paragraph (1)(a) or the certificate of title under paragraph (1)(b), the department shall create a new certificate that indicates that the vessel is branded “Hull Damaged.”
(3) Before an insurer transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title created by the department, the insurer shall deliver to the department an application for a new certificate that complies with s. 328.01 and includes the title brand designation “Hull Damaged.” Not later than 30 days after delivery of the application to the department, the department shall create a new certificate that indicates that the vessel is branded “Hull Damaged.”
(4) An owner of record who fails to comply with subsection (1), a person who solicits or colludes in a failure by an owner of record to comply with subsection (1), or an insurer that fails to comply with subsection (3) commits a noncriminal infraction under s. 327.73(1) for which the penalty is $5,000 for the first offense, $15,000 for a second offense, and $25,000 for each subsequent offense.
History.—s. 8, ch. 2019-76.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.055 - Maintenance of and access to files.

328.055 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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.06 - Action required on creation of certificate of title.

328.06 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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.065 - Effect of possession of certificate of title; judicial process.

328.065 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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.101 - Effect of missing or incorrect information.

328.101 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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.11 - Duplicate certificate of title.

328.11 Duplicate certificate of title.—
(1) If a written certificate of title is lost, stolen, mutilated, destroyed, or otherwise becomes unavailable or illegible, the secured party of record or, if no secured party is indicated in the files of the department, the owner of record may apply for and, by furnishing information satisfactory to the department, obtain a duplicate certificate in the name of the owner of record.
(2) An applicant for a duplicate certificate of title must sign the application, and, except as otherwise permitted by the department, the application must comply with s. 328.01. The application must include the existing certificate unless the certificate is lost, stolen, mutilated, destroyed, or otherwise unavailable.
(3) A duplicate certificate of title created by the department must comply with s. 328.04 and indicate on the face of the certificate that it is a duplicate certificate.
(4) If a person receiving a duplicate certificate of title subsequently obtains possession of the original written certificate, the person shall promptly destroy the original certificate of title.
(5) The department shall charge a fee of $6 for issuing a duplicate certificate.
(6) In addition to the fee imposed by subsection (5), the department shall charge a fee of $5 for expedited service in issuing a duplicate certificate of title. Application for such expedited service may be made by mail or in person. The department shall issue each certificate of title applied for under this subsection within 5 working days after receipt of a proper application or shall refund the additional $5 fee upon written request by the applicant.
(7) The department shall implement a system to verify that the application is signed by a person authorized to receive a duplicate title certificate under this section if the address shown on the application is different from the address shown for the applicant on the records of the department.
History.—s. 4, ch. 67-586; ss. 25, 35, ch. 69-106; s. 13, ch. 74-327; s. 14, ch. 84-184; s. 2, ch. 87-291; s. 59, ch. 95-333; s. 63, ch. 96-413; s. 59, ch. 99-248; s. 14, ch. 2019-76.
Note.—Former s. 371.79.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.125 - Termination statement.

328.125 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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.14 - Rights of purchaser other than secured party.

328.14 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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.145 - Rights of secured party.

328.145 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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.165 - Cancellation of certificates.

328.165 Cancellation of certificates.—
(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.
(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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.22 - Transfer of ownership.

328.22 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.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.23 - Transfer of ownership by secured party’s transfer statement.

328.23 Transfer of ownership by secured party’s transfer statement.—
(1) In this section, “secured party’s transfer statement” means a record signed by the secured party of record stating:
(a) That there has been a default on an obligation secured by the vessel;
(b) That the secured party of record is exercising or has exercised post-default remedies with respect to the vessel;
(c) That by reason of the exercise, the secured party of record has the right to transfer the ownership interest of an owner, and the name of the owner;
(d) The name and last known mailing address of the owner of record and the secured party of record;
(e) The name of the transferee;
(f) Other information required by s. 328.01(2); and
(g) One of the following:
1. The certificate of title is an electronic certificate;
2. The secured party does not have possession of the written certificate of title created in the name of the owner of record; or
3. The secured party is delivering the written certificate of title to the department with the secured party’s transfer statement.
(2) Unless the department rejects a secured party’s transfer statement for a reason stated in s. 328.09(3), not later than 30 days after delivery to the department of the statement and payment of fees and taxes payable under the laws of this state other than this part in connection with the statement or the acquisition or use of the vessel, the department shall:
(a) Accept the statement;
(b) Amend the files of the department to reflect the transfer; and
(c) If the name of the owner whose ownership interest is being transferred is indicated on the certificate of title:
1. Cancel the certificate even if the certificate has not been delivered to the department;
2. Create a new certificate indicating the transferee as owner; and
3. Deliver the new certificate or a record evidencing an electronic certificate.
(3) An application under subsection (1) or the creation of a certificate of title under subsection (2) is not by itself a disposition of the vessel and does not by itself relieve the secured party of its duties under chapter 679.
History.—s. 24, ch. 2019-76.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.24 - Transfer by operation of law.

328.24 Transfer by operation of law.—
(1) In this section, “by operation of law” means pursuant to a law or judicial order affecting ownership of a vessel:
(a) Because of death, divorce, or other family law proceeding, merger, consolidation, dissolution, or bankruptcy;
(b) Through the exercise of the rights of a lien creditor or a person having a lien created by statute or rule of law; or
(c) Through other legal process.
(2) A transfer-by-law statement must contain:
(a) The name and last known mailing address of the owner of record and the transferee and the other information required by s. 328.01;
(b) Documentation sufficient to establish the transferee’s ownership interest or right to acquire the ownership interest;
(c) A statement that:
1. The certificate of title is an electronic certificate of title;
2. The transferee does not have possession of the written certificate of title created in the name of the owner of record; or
3. The transferee is delivering the written certificate to the department with the transfer-by-law statement; and
(d) Except for a transfer described in paragraph (1)(a), evidence that notification of the transfer and the intent to file the transfer-by-law statement has been sent to all persons indicated in the files of the department as having an interest, including a security interest, in the vessel.
(3) Unless the department rejects a transfer-by-law statement for a reason stated in s. 328.09(3) or because the statement does not include documentation satisfactory to the department as to the transferee’s ownership interest or right to acquire the ownership interest, not later than 30 days after delivery to the department of the statement and payment of fees and taxes payable under the law of this state other than this part in connection with the statement or with the acquisition or use of the vessel, the department shall:
(a) Accept the statement;
(b) Amend the files of the department to reflect the transfer; and
(c) If the name of the owner whose ownership interest is being transferred is indicated on the certificate of title:
1. Cancel the certificate even if the certificate has not been delivered to the department;
2. Create a new certificate indicating the transferee as owner;
3. Indicate on the new certificate any security interest indicated on the canceled certificate, unless a court order provides otherwise; and
4. Deliver the new certificate or a record evidencing an electronic certificate.
(4) This section does not apply to a transfer of an interest in a vessel by a secured party under part VI of chapter 679.
History.—s. 25, ch. 2019-76.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.25 - Supplemental principles of law and equity.

328.25 Supplemental principles of law and equity.—Unless displaced by a provision of this part, the principles of law and equity supplement its provisions.
History.—s. 26, ch. 2019-76.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.30 - Transactions by electronic or telephonic means.

328.30 Transactions by electronic or telephonic means.—
(1) The department may accept any application provided for under this chapter by electronic or telephonic means.
(2) The department may issue an electronic certificate of title in lieu of printing a paper title.
(3) The department may collect electronic mail addresses and use electronic mail in lieu of the United States Postal Service for the purpose of providing renewal notices.
History.—s. 25, ch. 97-300; s. 69, ch. 2012-181.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.35 - Rulemaking.

328.35 Rulemaking.—The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this part.
History.—s. 27, ch. 2019-76.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.37 - Validity of rights, duties, and interests flowing from law prior to ch. 2019-76.

328.37 Validity of rights, duties, and interests flowing from law prior to ch. 2019-76.—
(1) The rights, duties, and interests flowing from a transaction, certificate of title, or record relating to a vessel which was validly entered into or created before the effective date of this act and would be subject to this act if it had been entered into or created on or after the effective date of this act remain valid on and after the effective date of this act.
(2) This act does not affect an action or proceeding commenced before the effective date of this act.
(3) Except as otherwise provided in subsection (4), a security interest that is enforceable immediately before the effective date of this act and would have priority over the rights of a person who becomes a lien creditor at that time is a perfected security interest under this act.
(4) A security interest perfected immediately before the effective date of this act remains perfected until the earlier of:
(a) The time perfection would have ceased under the law under which the security interest was perfected; or
(b) Three years after the effective date of this act.
(5) This act does not affect the priority of a security interest in a vessel if immediately before the effective date of this act the security interest is enforceable and perfected, and that priority is established.
History.—s. 31, ch. 2019-76.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.38 - Applicability.

328.38 Applicability.—Subject to s. 328.37, this act applies to any transaction, certificate of title, or record relating to a vessel, even if the transaction, certificate of title, or record was entered into or created before the effective date of this act.
History.—s. 32, ch. 2019-76.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part II - Vessel Registration (Ss. 328.40-328.80) › 328.40 - Administration of vessel registration and titling laws; records.

328.40 Administration of vessel registration and titling laws; records.—
(1) The administration of vessel registration and titling as set forth in this chapter is under the Department of Highway Safety and Motor Vehicles, which shall provide for issuing, handling, and recording of all vessel registration and titling applications and certificates, including the receipt and accounting of vessel registration and titling fees.
(2) The Department of Highway Safety and Motor Vehicles shall keep electronic records and perform such other clerical duties as required pertaining to:
(a) Vessel registration and titling.
(b) Suspension of the vessel operating privilege under ss. 327.35-327.355.
(3) All records made or kept by the Department of Highway Safety and Motor Vehicles under this law are public records except for confidential reports.
History.—s. 1, ch. 59-399; s. 2, ch. 63-103; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 2, ch. 74-327; s. 2, ch. 81-100; s. 3, ch. 84-184; s. 153, ch. 94-356; s. 47, ch. 95-333; s. 52, ch. 96-413; s. 4, ch. 98-308; s. 6, ch. 99-289; s. 40, ch. 2000-313.
Note.—Former s. 371.031; s. 327.03.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part II - Vessel Registration (Ss. 328.40-328.80) › 328.42 - Suspension or denial of a vessel registration due to support delinquency; dishonored checks.

328.42 Suspension or denial of a vessel registration due to support delinquency; dishonored checks.—
(1) The department shall work cooperatively with the Department of Revenue to establish an automated method for periodically disclosing information relating to current owners of registered vessels to the Department of Revenue, the state’s Title IV-D agency. The purpose of this subsection is to promote the public policy of this state relating to child support as established in s. 409.2551. The department shall, when directed by the court or the Department of Revenue pursuant to s. 409.2598, deny or suspend the vessel registration and suspend the vessel operating privilege of an owner found not to be in compliance with a support order, a subpoena, an order to show cause, or a written agreement with the Department of Revenue. The department shall issue or reinstate a registration and reinstate the operating privilege when notified by the court or the Department of Revenue that the owner has complied with the terms of the support order. The department is not liable for any registration denial or suspension, or suspension of operating privileges, resulting from the discharge of its duties under this section.
(2) The department may deny or cancel any vessel registration if the owner pays for the registration by a dishonored check.
History.—s. 5, ch. 95-222; s. 52, ch. 99-248; s. 7, ch. 99-289; s. 24, ch. 2001-158; s. 3, ch. 2008-92.
Note.—Former s. 327.031.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part II - Vessel Registration (Ss. 328.40-328.80) › 328.46 - Operation of registered vessels.

328.46 Operation of registered vessels.—
(1) Every vessel that is required to be registered and that is being operated, used, or stored on the waters of this state shall be registered and numbered within 30 days after purchase by the owner except as specifically exempt. During this 30-day period, the operator is required to have aboard the vessel and available for inspection a bill of sale. The bill of sale for the vessel shall serve as the temporary certificate of number that is required by federal law and must contain the following information:
(a) Make of the vessel.
(b) Length of the vessel.
(c) Type of propulsion.
(d) Hull identification number.
(e) A statement declaring Florida to be the state where the vessel is principally used.
(f) Name of the purchaser.
(g) Address of the purchaser, including ZIP code.
(h) Signature of the purchaser.
(i) Name of the seller.
(j) Signature of the seller.
(k) Date of the sale of the vessel. The date of sale shall also serve as the date of issuance of the temporary certificate of number.
(l) Notice to the purchaser and operator that the temporary authority to use the vessel on the waters of this state is invalid after 30 days following the date of sale of the vessel.
(2) No person shall operate, use, or store or give permission for the operation, use, or storage of any such vessel on such waters unless:
(a) Such vessel is registered within 30 days after purchase by the owner and numbered with the identifying number set forth in the certificate of registration, displayed:
1. In accordance with s. 328.48(4), except, if the vessel is an airboat, the registration number may be displayed on each side of the rudder; or
2. In accordance with 33 C.F.R. s. 173.27, or with a federally approved numbering system of another state; and
(b) The certificate of registration or temporary certificate of number awarded to such vessel is in full force and effect.
History.—s. 1, ch. 59-399; s. 1, ch. 65-361; s. 1, ch. 74-62; s. 3, ch. 74-327; s. 3, ch. 81-100; s. 1, ch. 83-102; s. 4, ch. 84-184; s. 49, ch. 95-333; s. 54, ch. 96-413; s. 10, ch. 99-289; s. 22, ch. 2009-86.
Note.—Former s. 371.041; s. 327.10.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part II - Vessel Registration (Ss. 328.40-328.80) › 328.52 - Special manufacturers’ and dealers’ number.

328.52 Special manufacturers’ and dealers’ number.—
(1) The description of a vessel used for demonstration, sales promotional, or testing purposes by a manufacturer or dealer shall be omitted from the certificate of registration. In lieu of the description, the word “manufacturer” or “dealer,” as appropriate, shall be plainly marked on the certificate.
(2) The manufacturer or dealer shall have the number awarded printed upon or attached to a removable sign or signs to be temporarily but firmly mounted upon or attached to the vessel being demonstrated, promoted, or tested so long as the display meets the requirements of this chapter.
(3) A dealer registration shall not be issued to a manufacturer or a dealer pursuant to this chapter unless he or she provides to the county tax collector a copy of his or her current sales tax certificate of registration, if such certificate is required, from the Department of Revenue and a copy of his or her current commercial or occupational business license if such license is required by the local governmental entity in which the manufacturer or dealer operates a vessel.
(4) A manufacturer or dealer shall not use or authorize the use of any vessel registered pursuant to this section for other than demonstration, sales promotional, or testing purposes. Such vessel shall not be used for any commercial or other use not specifically authorized by this section.
History.—s. 1, ch. 59-399; s. 1, ch. 65-361; s. 6, ch. 84-184; s. 451, ch. 95-148; s. 13, ch. 99-289.
Note.—Former s. 371.071; s. 327.13.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part II - Vessel Registration (Ss. 328.40-328.80) › 328.54 - Federal numbering system adopted.

328.54 Federal numbering system adopted.—
(1) The vessel registration number issued shall be of the pattern prescribed by regulations of the United States Coast Guard and shall be divided into parts. The first part shall consist of the symbols identifying the state followed by a combination of numerals and letters which furnish individual vessel identification. The group of digits appearing between letters shall be separated from those letters by hyphens or equivalent spaces.
(2) The first part of the number shall be a symbol indicating Florida which shall be FL.
(3) The remainder of the vessel number shall consist of not more than four Arabic numerals and two capital letters or not more than three Arabic numerals and three capital letters, in sequence, separated by a hyphen or equivalent space, in accordance with the serials, numerically and alphabetically.
(4) Since the letters I, O, and Q may be mistaken for Arabic numerals, all letter sequences using I, O, and Q shall be omitted. Objectionable words formed by the use of two or three letters shall not be used.
History.—s. 1, ch. 59-399; s. 1, ch. 65-361; s. 6, ch. 84-184; s. 14, ch. 99-289.
Note.—Former s. 371.091; s. 327.14.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part II - Vessel Registration (Ss. 328.40-328.80) › 328.56 - Vessel registration number.

328.56 Vessel registration number.—Each vessel that is operated, used, or stored on the waters of this state must display a commercial or recreational Florida registration number, unless it is:
(1) A vessel operated, used, and stored exclusively on private lakes and ponds;
(2) A vessel owned by the United States Government;
(3) A vessel used exclusively as a ship’s lifeboat;
(4) A non-motor-powered vessel less than 16 feet in length or a non-motor-powered canoe, kayak, racing shell, or rowing scull, regardless of length;
(5) A federally documented vessel;
(6) A vessel already covered by a registration number in full force and effect which has been awarded to it pursuant to a federally approved numbering system of another state or by the United States Coast Guard in a state without a federally approved numbering system, if the vessel has not been within this state for a period in excess of 90 consecutive days;
(7) A vessel operating under a valid temporary certificate of number;
(8) A vessel from a country other than the United States temporarily using the waters of this state; or
(9) An undocumented vessel used exclusively for racing.
History.—s. 1, ch. 59-399; ss. 2, 3, ch. 61-511; s. 1, ch. 65-361; s. 52, ch. 95-333; s. 56, ch. 96-413; s. 15, ch. 99-289; s. 27, ch. 2000-362; s. 3, ch. 2008-106; s. 24, ch. 2009-86.
Note.—Former s. 371.131; s. 327.15.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part II - Vessel Registration (Ss. 328.40-328.80) › 328.58 - Reciprocity of nonresident or alien vessels.

328.58 Reciprocity of nonresident or alien vessels.—The owner of any vessel already covered by a registration number in full force and effect which has been awarded by:
(1) Another state pursuant to a federally approved numbering system of another state;
(2) The United States Coast Guard in a state without a federally approved numbering system; or
(3) The United States Coast Guard for a federally documented vessel with a valid registration in full force and effect from another state,
shall record the number with the Department of Highway Safety and Motor Vehicles prior to operating, using, or storing the vessel on the waters of this state in excess of the 90-day reciprocity period provided for in this chapter. Such recordation shall be pursuant to the procedure required for the award of an original registration number, except that no additional or substitute registration number shall be issued if the vessel owner maintains the previously awarded registration number in full force and effect.
History.—s. 1, ch. 59-399; s. 1, ch. 65-361; s. 6, ch. 84-184; s. 57, ch. 96-413; s. 16, ch. 99-289; s. 25, ch. 2009-86.
Note.—Former s. 371.081; s. 327.16.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part II - Vessel Registration (Ss. 328.40-328.80) › 328.60 - Military personnel; registration; penalties.

328.60 Military personnel; registration; penalties.—Any military personnel on active duty in this state operating, using, or storing a vessel on the waters of this state that has a registration number in full force and effect which has been awarded to it pursuant to a federally approved numbering system of another state or by the United States Coast Guard in a state without a federally approved numbering system, or a federally documented vessel with a valid registration in full force and effect from another state shall not be required to register his or her vessel in this state while such certificate of registration remains valid; but, at the expiration of such registration certificate, all registration and titling shall be issued by this state. In the case of a federally documented vessel, the issuance of a title is not required by this chapter.
History.—ss. 1, 5, ch. 67-586; s. 302, ch. 71-136; s. 6, ch. 84-184; s. 452, ch. 95-148; s. 58, ch. 96-413; s. 17, ch. 99-289; s. 26, ch. 2009-86.
Note.—Former s. 371.082; s. 327.17.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part II - Vessel Registration (Ss. 328.40-328.80) › 328.62 - Only authorized number to be used.

328.62 Only authorized number to be used.—No number other than the number awarded to a vessel or granted reciprocity pursuant to this chapter shall be painted, attached, or otherwise displayed on either side of the bow of such vessel.
History.—s. 1, ch. 59-399; s. 1, ch. 65-361; s. 6, ch. 84-184; s. 18, ch. 99-289.
Note.—Former s. 371.111; s. 327.18.