Florida Statute 328.3 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIV
VESSELS

Chapter 328
VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION

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F.S. 328.03

328.03 Certificate of title required.—

(1) Except as otherwise provided in subsections (2) and (3), each vessel that is operated, used, or stored on the waters of this state must be titled by this state pursuant to this part, and the owner of a vessel for which this state is the state of principal use shall deliver to the department an application for a certificate of title for the vessel, with the applicable fee, not later than 30 days after the later of:

(a) The date of a transfer of ownership; or

(b) The date this state becomes the state of principal use.

(2) An application for a certificate of title is not required for:

(a) A documented vessel;

(b) A foreign-documented vessel;

(d) A vessel before delivery if the vessel is under construction or completed pursuant to contract;

(e) A vessel held by a dealer for sale or lease;

(f) A vessel used solely for demonstration, testing, or sales promotional purposes by the manufacturer or dealer;

(g) A vessel operated, used, or stored exclusively on private lakes and ponds;

(h) A vessel owned by the United States Government;

(i) A vessel already covered by a registration number in full force and effect which was 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 is not located in this state for a period in excess of 90 consecutive days; or

(j) A vessel from a country other than the United States temporarily used, operated, or stored on the waters of this state for a period that is not in excess of 90 days.

(3) The department may not issue, transfer, or renew a number issued to a vessel pursuant to the requirements of 46 U.S.C. s. 12301 unless the department has created a certificate of title for the vessel or an application for a certificate for the vessel and the applicable fee have been delivered to the department.

(4) An additional $10 fee shall be charged against the purchaser or transferee if he or she files a title transfer application after the 30-day period. The county tax collector may retain $5 of the additional amount. Any person who does not properly transfer title of a vessel pursuant to this chapter is subject to the penalties provided in s. 327.73(1)(ee).

(5) A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate and of the ownership of the vessel. A certificate of title is good for the life of the vessel so long as the certificate is owned or held by the legal holder. If a titled vessel is destroyed or abandoned, the owner, with the consent of any recorded lienholders, shall, within 30 days after the destruction or abandonment, surrender to the department for cancellation any and all title documents. If a titled vessel is insured and the insurer has paid the owner for the total loss of the vessel, the insurer shall obtain the title to the vessel and, within 30 days after receiving the title, forward the title to the department for cancellation. The insurer may retain the certificate of title when payment for the loss was made because of the theft of the vessel.

(6) The department shall provide labeled places on the title where the seller’s price shall be indicated when a vessel is sold and where a selling dealer shall record his or her valid sales tax certificate of registration number.

(7)(a) The department shall charge a fee of $5.25 for issuing each certificate of title. The tax collector shall be entitled to retain $3.75 of the fee.

(b) The department shall use security procedures, processes, and materials in the preparation and issuance of each certificate of title to prohibit, to the extent possible, a person’s ability to alter, counterfeit, duplicate, or modify the certificate.

(8) The department shall charge a fee of $4 in addition to that charged in subsection (7) for each initial certificate of title issued for a vessel previously registered outside this state.

(9) The department shall make regulations necessary and convenient to carry out the provisions of this chapter.

History.—s. 4, ch. 67-586; ss. 24, 25, 35, ch. 69-106; s. 12, ch. 74-327; ss. 7, 8, ch. 79-359; s. 52, ch. 80-274; s. 13, ch. 81-100; s. 21, ch. 83-218; s. 11, ch. 84-184; s. 3, ch. 85-108; s. 7, ch. 85-324; s. 1, ch. 87-291; s. 467, ch. 95-148; s. 58, ch. 95-333; s. 62, ch. 96-413; s. 20, ch. 2009-86; s. 6, ch. 2019-76; ss. 8, 9, ch. 2022-197.

Note.—Former s. 371.76.

F.S. 328.03 on Google Scholar

F.S. 328.03 on CourtListener

Amendments to 328.03

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 328.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

S328.03 - PUBLIC ORDER CRIMES - REMOVED - M: S

Cases Citing Statute 328.03

Total Results: 19

Fund for Animals, Inc. v. Rice

85 F.3d 535

Court of Appeals for the Eleventh Circuit | Filed: Aug 12, 1996 | Docket: 855750

Cited 86 times | Published

by regulation to include wetlands. 33 C.F.R. § 328.3(a), (b) 11 The Corps

United States of America, Plaintiff-Counter-Defendant-Appellee v. Park B. Banks, Defendant-Counter-Claimant-Appellant

115 F.3d 916, 28 Envtl. L. Rep. (Envtl. Law Inst.) 20060, 37 Fed. R. Serv. 3d 1108, 45 ERC (BNA) 1281, 1997 U.S. App. LEXIS 15179, 1997 WL 306984

Court of Appeals for the Eleventh Circuit | Filed: Jun 24, 1997 | Docket: 2039681

Cited 25 times | Published

and *920 similar areas.” 33 C.F.R. § 328.3(b). A “wetland” under the CWA must meet the three

Florida Keys Citizens Coalition, Inc. v. United States Army Corps of Engineers

374 F. Supp. 2d 1116, 2005 WL 1539245

District Court, S.D. Florida | Filed: Apr 11, 2005 | Docket: 2243067

Cited 11 times | Published

defined by regulation to include wetlands. 33 C.F.R. § 328.3(a), (b). Section 404(a) authorizes the Secretary

Fund for Animals, Inc. v. Rice

85 F.3d 535, 1996 WL 281712

Court of Appeals for the Eleventh Circuit | Filed: Jun 13, 1996 | Docket: 419937

Cited 10 times | Published

defined by regulation to include wetlands. 33 C.F.R. § 328.3(a), (b). 11 . The Corps also considered

Barima Inv. Co., Inc. v. United States

771 F. Supp. 1187, 1991 U.S. Dist. LEXIS 12715, 1991 WL 179749

District Court, S.D. Florida | Filed: Aug 8, 1991 | Docket: 1245937

Cited 8 times | Published

property as wetlands within the meaning of 40 C.F.R. § 328.3(b). [4] Barima also sued federal defendants under

Banks v. Page

768 F. Supp. 809, 1991 U.S. Dist. LEXIS 9957, 1991 WL 132406

District Court, S.D. Florida | Filed: Jun 24, 1991 | Docket: 2266325

Cited 6 times | Published

which extends to certain wetlands. 33 C.F.R. § 328.3(a). The Corps may authorize this activity on an

United States v. Mills

817 F. Supp. 1546, 23 Envtl. L. Rep. (Envtl. Law Inst.) 21096, 1993 U.S. Dist. LEXIS 4457, 1993 WL 112105

District Court, N.D. Florida | Filed: Mar 31, 1993 | Docket: 1022254

Cited 4 times | Published

swamps, marshes, bogs and similar areas." 33 C.F.R. § 328.3(b) (Army Corps definition); 40 C.F.R. § 230.3(t)

New Hope Power Co. v. United States Army Corps of Engineers

746 F. Supp. 2d 1272, 72 ERC (BNA) 2177, 2010 U.S. Dist. LEXIS 103231, 2010 WL 3834991

District Court, S.D. Florida | Filed: Sep 29, 2010 | Docket: 1902970

Cited 3 times | Published

marshes, bogs, and similar areas." 33 C.F.R. § 328.3(b) (emphasis added). In 1977, the Corps released

Florida Dept. of Revenue v. Hardy

697 So. 2d 954, 1997 WL 428511

District Court of Appeal of Florida | Filed: Aug 1, 1997 | Docket: 1777248

Cited 2 times | Published

class action, sued the state seeking to have section 328.03(7), Florida Statutes (1995), declared unconstitutional

United States v. Banks

873 F. Supp. 650, 25 Envtl. L. Rep. (Envtl. Law Inst.) 20776, 40 ERC (BNA) 1689, 1995 U.S. Dist. LEXIS 561, 1995 WL 21957

District Court, S.D. Florida | Filed: Jan 13, 1995 | Docket: 1031588

Cited 2 times | Published

of the United States" are defined by 33 C.F.R. § 328.3(a)(1), (3), (5) and (7) and 40 C.F.R. § 232.2(q)(1)

Johnson v. Gulf County

26 So. 3d 33, 2009 Fla. App. LEXIS 19943, 2009 WL 4912595

District Court of Appeal of Florida | Filed: Dec 22, 2009 | Docket: 2410890

Cited 1 times | Published

in interstate or foreign commerce." 33 C.F.R. § 328.3(a)(1), (7). As explained in the information sheet

United States v. Sartori

62 F. Supp. 2d 1362, 49 ERC (BNA) 1957, 1999 U.S. Dist. LEXIS 13637, 1999 WL 691888

District Court, S.D. Florida | Filed: Jun 29, 1999 | Docket: 2282744

Cited 1 times | Published

definition at issue in Wilson is found at 33 C.F.R. § 328.3(a)(3); the definition at issue in this case is

STATE DEPT. OF HIGHWAY SAFETY v. Sarnoff

734 So. 2d 1054, 1998 WL 821770

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 1731080

Cited 1 times | Published

instituted a class action suit, asserting that section 328.03(7), Florida Statutes (1995), was unconstitutional

Chesley v. Hammons (In re Chesley)

551 B.R. 663, 26 Fla. L. Weekly Fed. B 171, 2016 Bankr. LEXIS 1923

United States Bankruptcy Court, M.D. Florida | Filed: May 4, 2016 | Docket: 65788702

Published

328.01-328.80. . Fla. Stat. § 328.03(l)(a)-(d); § 327.02(28) § 328.03(1) and (2). . Subject to specified

In Re Caliri

347 B.R. 788, 2006 Bankr. LEXIS 1821, 2006 WL 2382518

United States Bankruptcy Court, M.D. Florida | Filed: Aug 8, 2006 | Docket: 1385434

Published

the enumerated statutory exceptions. FLA. STAT. § 328.03 (2001). The Jet Skis are vessels that do not fall

In Re Aquamarine USA Inc.

319 B.R. 270, 18 Fla. L. Weekly Fed. B 31, 56 U.C.C. Rep. Serv. 2d (West) 309, 2004 Bankr. LEXIS 1909, 2004 WL 2937300

United States Bankruptcy Court, M.D. Florida | Filed: Oct 6, 2004 | Docket: 86376

Published

Seller as the registered owner of the Boat.[2] Section 328.03(4), Florida Statutes, provides "a certificate

Rabin v. State Department of Revenue

884 So. 2d 983, 2004 Fla. App. LEXIS 13882, 2004 WL 2101908

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 64833642

Published

In Hardy, the plaintiffs sought to declare section 328.03(7), Florida Statutes (1995), unconstitutional

United States v. Banks

Court of Appeals for the Eleventh Circuit | Filed: Jun 24, 1997 | Docket: 236225

Published

marshes, bogs and similar areas." 33 C.F.R. § 328.3(b). A "wetland" under the CWA must meet

United States v. Key West Towers, Inc.

696 F. Supp. 1467, 1988 U.S. Dist. LEXIS 11323, 1988 WL 105364

District Court, S.D. Florida | Filed: Sep 30, 1988 | Docket: 888427

Published

waters of the United States pursuant to 33 C.F.R. § 328.3 (1986). Because of this status, the government