Florida Statute 328.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIV
VESSELS

Chapter 328
VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION

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F.S. 328.05

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.

F.S. 328.05 on Google Scholar

F.S. 328.05 on Casetext

Amendments to 328.05

Arrestable Offenses / Crimes under Fla. Stat. 328.05

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

S328.05 1 - POSSESS STOLEN PROP - OBTAIN VESSEL TITLE IF VESSEL STOLEN - F: T

S328.05 2 - COUNTERFEITING OF - CERTIFICATE TITLE BILL OF SALE ETC VESSEL - F: T

S328.05 2 - PASS FORGED - TITLE BILL OF SALE ETC VESSEL SELL SUPPLY - F: T

S328.05 2 - PASS COUNTERFEITED - TITLE BILL OF SALE ETC VESSEL SELL SUPPLY - F: T

S328.05 2 - POSSESS FORGED - CERTIFICATE TITLE OR BILL OF SALE ETC VESSEL - F: T

S328.05 2 - POSSESS COUNTERFEITED - CERTIFICATE TITLE OR BILL OF SALE ETC VESSEL - F: T

S328.05 2 - FRAUD - POSS SELL ETC UNLAWFUL OBT TITLE ETC VESSEL - F: T

S328.05 2 - SALE OF STOLEN PROP - CERTIFICATE TITLE BILL OF SALE ETC VESSEL - F: T

S328.05 2 - POSSESS STOLEN PROP - CERTIFICATE TITLE OR BILL OF SALE ETC VESSEL - F: T

S328.05 2 - STOLEN PROP-DEAL IN - SUPPLY TITLE BILL OF SALE ETC VESSEL - F: T

S328.05 3a - FORGERY OF - VESSEL TITLE ASSIGNMENT LIEN CANCELLATION - F: T

S328.05 3b - PASS FORGED - VESSEL TITLE ASSIGNMENT LIEN CANCELLATION - F: T

S328.05 3b - POSSESS FORGED - VESSEL TITLE ASSIGNMENT LIEN CANCELLATION - F: T

S328.05 3c - FRAUD-FALSE STATEMENT - VESSEL APPLICATION - F: T

S328.05 3d - PASS FORGED - OWNERS IDENTIFICATION OBTAIN GOODS - F: T

S328.05 3d - PASS COUNTERFEITED - DUPLICATED OWNERS ID OBTAIN GOODS - F: T

S328.05 3d - FRAUD - OBT GOODS INVALID FICT STOLEN ETC OWNER ID - F: T

S328.05 3e - FRAUD - OBTAIN GOODS BY TITLE REQUIRED SURRENDERED - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 328.05

Total Results: 11

Zurich American Ins. Co. v. Puccini

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-05T23:53:00-08:00

Snippet: named as co-insureds for the fire insurance. Id. at 328.5 5 The addendum to paragraph 15 of the lease

City of Hollywood v. Mulligan

Court: Fla. | Date Filed: 2006-07-06T00:53:00-07:00

Citation: 934 So. 2d 1238

Snippet: other than the FCFA. See, e.g., §§ 206.205, 322.34, 328.05, 328.07, Fla. Stat. (2005) (concerning seizure

Zikofsky v. Marketing 10, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-05-25T00:00:00-07:00

Citation: 904 So. 2d 520

Snippet: called, as an estoppel by judgment." Id. at 328. [5] In McGregor, the supreme court noted that its

DEPT. OF ENVIR. PROTECTION v. Zabielinski

Court: Fla. Dist. Ct. App. | Date Filed: 2000-09-06T00:53:00-07:00

Citation: 785 So. 2d 517

Snippet: reviewing section 328.05(3), we find that it is partly punitive in nature. First, section 328.05(3)(c) provides…$60,000 vessel for violating section 328.05(3)(c). Violating section 328.05(3)(c) is a third degree felony,… and fictitious address in violation of section 328.05(3)(c), Florida Statutes (1995).[1]*519 Thereafter…Florida Contraband Forfeiture Act," and section 328.05(3)(c), Florida Statutes (1995). The claimant filed…approximately $60,000, for violation of section 328.05(3)(c), Florida Statutes (1995), would violate the

In re the Forfeiture of One 31' Seahawk "Cigarette" Vessel

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-23T00:00:00-08:00

Citation: 572 So. 2d 1038, 1991 Fla. App. LEXIS 404, 1991 WL 4316

Snippet: forfeiture. Like subsection 328.07(3), subsection 328.05(3)(c) does not include the word “knowingly”; however

State, Department of Natural Resources v. Johnny's Coral Maintenance Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-10-10T00:00:00-07:00

Citation: 552 So. 2d 1130, 14 Fla. L. Weekly 2374, 1989 Fla. App. LEXIS 5578, 1989 WL 118952

Snippet: being fictitiously registered pursuant to section 328.-05(3)(c), Florida Statutes (1987). ■Further investigation…forfeiture. In this appeal, the DNR argues that section 328.05(3)(c) does not require a showing of a collateral… is proof of title fraud. We agree that section 328.05(3)(c) does not require proof of a collateral crime…under the statute, however. This is because section 328.05(3)(c) must be construed in pari materia with the…registering the boat did not contravene section 328.05(3)(c) and its forfeiture requirement would be in

Moring v. Levy

Court: Fla. Dist. Ct. App. | Date Filed: 1984-07-10T00:53:00-07:00

Citation: 452 So. 2d 1069

Snippet: from an adjacent job site belonging to Moring ($328)[5]; overhead and profit charge relating to the Holding

Davis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1983-10-05T00:00:00-07:00

Citation: 438 So. 2d 195, 1983 Fla. App. LEXIS 21854

Snippet: sustain defendant’s felony conviction under Section 328.05(2), Florida Statutes (1979) (crimes relating to…certificate of registration in violation of section 328.05(2), Florida Statutes (1979). At trial, the court…the defendant’s conviction for violating section 328.05(2), Florida Statutes (1979). That statute provides…of the foregoing. By its plain language, section 328.05(2) is aimed at combatting fraud against third parties…the defendant’s conviction for violating section 328.05(2), Florida Statutes (1979) is reversed. In all

Barnes v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1982-05-12T00:53:00-07:00

Citation: 415 So. 2d 1280

Snippet: commit the crime. State v. Perelli, supra, 125 Conn. 328, 5 A.2d 705. Here, there was more than mere evidence

Niesz v. Albright

Court: Fla. Dist. Ct. App. | Date Filed: 1969-01-14T23:53:00-08:00

Citation: 217 So. 2d 606

Snippet: amp;amp; Indemnity Co., Fla.App. 1967, 205 So.2d 328. [5] American Fire & Cas. Co. v. Collura,

County Commissioners v. King

Court: Fla. | Date Filed: 1869-07-01T00:00:02-07:52:58

Citation: 13 Fla. 451

Snippet: the Supreme Court of Iowa. 4 Greene, 1; 4 ib., 328 ; 5 Iowa, 15 ; 6 ib. 265, 304, 393; 8 ib., 193 ; 10