Florida Statute 328.045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIV
VESSELS

Chapter 328
VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION

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F.S. 328.045

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.

F.S. 328.045 on Google Scholar

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Amendments to 328.045

Arrestable Offenses / Crimes under Fla. Stat. 328.045

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 328.045.

Annotations, Discussions, Cases:

Cases Citing Statute 328.045

Total Results: 6

Demoss v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-03-27

Citation: 843 So. 2d 309, 2003 WL 1559927

Snippet: gallons of gasoline were sold for a total of $402,328.45. However, the reconciliation indicated 436,895

Department of Public Safety v. Parker

Court: District Court of Appeal of Florida | Date Filed: 1964-03-24

Citation: 161 So. 2d 886, 1964 Fla. App. LEXIS 4590

Snippet: Steamship Co. v. Norwegian Barque Thekla, 266-U.S. 328, 45 S.Ct. 112, 69 L.Ed. 313 (1924) “aptly applies to

City of Coral Gables v. Certain Lands Upon Which Taxes Are Delinquent

Court: Supreme Court of Florida | Date Filed: 1933-05-10

Citation: 149 So. 36, 110 Fla. 189

Snippet: 321 (39; 414); Lent v. Tillson, 140 U.S. 316, 328 (45; 419, 425); Pittsburgh C. C. St. L. R. Co. v.

King Lumber & Manufacturing Co. v. State

Court: Supreme Court of Florida | Date Filed: 1932-09-17

Citation: 143 So. 616, 106 Fla. 680

Snippet: 694; Hayman v. Rownd, 82 Neb. 598, 118 N.W. R. 328, 45 L.R.A. (N.S.) 623; Brigham v. Overstreet, 128 Ga

West v. Town of Lake Placid

Court: Supreme Court of Florida | Date Filed: 1929-02-06

Citation: 120 So. 361, 97 Fla. 127

Snippet: spirit or letter. See Mason v. Missouri, 179 U.S. 328, 45 L.Ed. 214; Carrithers v. City of Shelbyville, 104

Stephenson v. the Nat. Bank of Winter Haven

Court: Supreme Court of Florida | Date Filed: 1926-07-24

Citation: 109 So. 424, 92 Fla. 347

Snippet: 694; Hayman v. Rownd,82 Neb. 598, 118 N.W. Rep. 328, 45 L.R.A. (N.S.) 623; Brigham v. Overstreet, 128 Ga