Florida Statutes

Fla. Stat. § 328.05 (2025)

Crimes relating to certificates of title to, or other indicia of ownership of, vessels; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Arrestable Offenses under F.S. 328.05

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§328.05(1)POSSESS STOLEN PROPOBTAIN VESSEL TITLE IF VESSEL STOLENF · 3rd

§328.05(2)POSSESS COUNTERFEITEDCERTIFICATE TITLE OR BILL OF SALE ETC VESSELF · 3rd

§328.05(2)STOLEN PROP-DEAL INSUPPLY TITLE BILL OF SALE ETC VESSELF · 3rd

§328.05(2)FRAUDPOSS SELL ETC UNLAWFUL OBT TITLE ETC VESSELF · 3rd

§328.05(2)SALE OF STOLEN PROPSELL STOLEN CERTIF TITLE/BILL OF SALE VESSELF · 3rd

§328.05(2)POSSESS STOLEN PROPPOSS STOLEN CERTIF TITLE/BILL OF SALE VESSELF · 3rd

§328.05(2)PASS COUNTERFEITEDTITLE BILL OF SALE ETC VESSEL SELL SUPPLYF · 3rd

§328.05(2)PASS FORGEDTITLE BILL OF SALE ETC VESSEL SELL SUPPLYF · 3rd

§328.05(2)COUNTERFEITING OFCERTIFICATE TITLE BILL OF SALE ETC VESSELF · 3rd

§328.05(2)POSSESS FORGEDCERTIFICATE TITLE OR BILL OF SALE ETC VESSELF · 3rd

§328.05(3a)FORGERY OFVESSEL TITLE ASSIGNMENT LIEN CANCELLATIONF · 3rd

§328.05(3b)PASS FORGEDVESSEL TITLE ASSIGNMENT LIEN CANCELLATIONF · 3rd

§328.05(3b)POSSESS FORGEDVESSEL TITLE ASSIGNMENT LIEN CANCELLATIONF · 3rd

§328.05(3c)FRAUD-FALSE STATEMENTVESSEL APPLICATIONF · 3rd

§328.05(3d)PASS FORGEDOWNERS IDENTIFICATION OBTAIN GOODSF · 3rd

§328.05(3d)PASS COUNTERFEITEDDUPLICATED OWNERS ID OBTAIN GOODSF · 3rd

§328.05(3d)FRAUDOBT GOODS INVALID FICT STOLEN ETC OWNER IDF · 3rd

§328.05(3e)FRAUDOBTAIN GOODS BY TITLE REQUIRED SURRENDEREDF · 3rd

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1983–2022 · leading case: Dept. of Envir. Prot. v. Zabielinski, 785 So. 2d 517 (Fla. 3d DCA 2000).

Sort: Relevance Newest Treatment

Dept. of Envir. Prot. v. Zabielinski, 785 So. 2d 517 (Fla. 3d DCA 2000). · cites it 15× “Although the legislative history provides little guidance as to the legislature's intent, after reviewing section 328.05(3), we find that it is partly punitive in nature.”

State, Dep't of Nat. Resources v. Johnny's Coral Maint. Corp., 552 So. 2d 1130 (Fla. 3d DCA 1989). · cites it 8× “§ 328.05(3)(c), Fla.Stat. (1987). . While entirely unnecessary to the disposition of this case, one cannot help but wonder if an anonymous boat owner would be so quick to *1132 come forward after a seizure of his fraudulently titled vessel were that vessel the cause of an…”

Davis v. State, 438 So. 2d 195 (Fla. 4th DCA 1983). · cites it 9× “The principal question presented is whether the proof at trial was sufficient to sustain defendant’s felony conviction under Section 328.05(2), Florida Statutes (1979) (crimes relating to vessels’ certificates of title).”

Spirit of the East, LLC v. Yale Prods., Inc. (S.D. Fla. 2022). “07(b)(3), which provides that no one shall operate, use, or store a vessel in Florida waters without a hull identification number; the second is § 328.05, which provides that it is unlawful to knowingly supply a fraudulent or unlawfully obtained bill of sale; the third is § 328.”

— 328.05(2) — 1 case

Davis v. State, 438 So. 2d 195 (Fla. 4th DCA 1983). “The principal question presented is whether the proof at trial was sufficient to sustain defendant’s felony conviction under Section 328.05(2), Florida Statutes (1979) (crimes relating to vessels’ certificates of title).”

— 328.05(3) — 1 case

Dept. of Envir. Prot. v. Zabielinski, 785 So. 2d 517 (Fla. 3d DCA 2000). “Although the legislative history provides little guidance as to the legislature's intent, after reviewing section 328.05(3), we find that it is partly punitive in nature.”

— 328.05(3)(c) — 2 cases

State, Dep't of Nat. Resources v. Johnny's Coral Maint. Corp., 552 So. 2d 1130 (Fla. 3d DCA 1989). “§ 328.05(3)(c), Fla.Stat. (1987). . While entirely unnecessary to the disposition of this case, one cannot help but wonder if an anonymous boat owner would be so quick to *1132 come forward after a seizure of his fraudulently titled vessel were that vessel the cause of an…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.