Florida Statute 328.5 - 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. 328.05

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

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Amendments to 328.05

Annotations, Discussions, Cases:

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

Cases Citing Statute 328.05

Total Results: 3

DEPT. OF ENVIR. PROTECTION v. Zabielinski

785 So. 2d 517, 2000 WL 1251309

District Court of Appeal of Florida | Filed: Sep 6, 2000 | Docket: 450194

Cited 5 times | Published

false and fictitious address in violation of section 328.05(3)(c), Florida Statutes (1995).[1]*519 Thereafter

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

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

District Court of Appeal of Florida | Filed: Oct 10, 1989 | Docket: 64646586

Published

being fictitiously registered pursuant to section 328.-05(3)(c), Florida Statutes (1987). ■Further investigation

Davis v. State

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

District Court of Appeal of Florida | Filed: Oct 5, 1983 | Docket: 64599777

Published

sustain defendant’s felony conviction under Section 328.05(2), Florida Statutes (1979) (crimes relating