Florida Statute 328.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIV
VESSELS

Chapter 328
VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION

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F.S. 328.07

328.07 Hull identification number required.—

(1) No person shall operate, use, or store on the waters of this state a vessel the construction of which began after October 31, 1972, for which the department has issued a certificate of title or which is required by law to be registered, unless the vessel displays the assigned hull identification number affixed by the manufacturer as required by the United States Coast Guard or by the department for a homemade vessel or other vessel for which a hull identification number is not required by the United States Coast Guard. The hull identification number must be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or, if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, above the waterline of the vessel in such a way that alteration, removal, or replacement would be obvious and evident. The characters of the hull identification number must be no less than 12 in number and no less than one-fourth inch in height.

(2) No person shall operate, use, or store on the waters of this state a vessel the construction of which was completed before November 1, 1972, for which the department has issued a certificate of title or which is required by law to be registered, unless the vessel displays a hull identification number. The hull identification number shall be clearly imprinted in the transom or on the hull by stamping, impressing, or marking with pressure. In lieu of imprinting, the hull identification number may be displayed on a plate in a permanent manner. A vessel for which the manufacturer has provided no hull identification number or a homemade vessel shall be assigned a hull identification number by the department which shall be affixed to the vessel pursuant to this section.

(3)(a) No person, firm, association, or corporation shall destroy, remove, alter, cover, or deface the hull identification number or hull serial number, or plate bearing such number, of any vessel, except to make necessary repairs which require the removal of the hull identification number and immediately upon completion of such repairs shall reaffix the hull identification number in accordance with subsection (2).

(b) If any of the hull identification numbers required by the United States Coast Guard for a vessel manufactured after October 31, 1972, do not exist or have been altered, removed, destroyed, covered, or defaced or the real identity of the vessel cannot be determined, the vessel may be seized as contraband property by a law enforcement agency or the division, and shall be subject to forfeiture pursuant to ss. 932.701-932.7062. Such vessel may not be sold or operated on the waters of the state unless the division receives a request from a law enforcement agency providing adequate documentation or is directed by written order of a court of competent jurisdiction to issue to the vessel a replacement hull identification number which shall thereafter be used for identification purposes. No vessel shall be forfeited under the Florida Contraband Forfeiture Act when the owner unknowingly, inadvertently, or neglectfully altered, removed, destroyed, covered, or defaced the vessel hull identification number.

(4)(a) It is unlawful for any person to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, supply in blank, or give away any counterfeit manufacturer’s vessel hull identification number plate or decal or any manufacturer’s vessel hull identification plate or decal which is assigned to another vessel to be used for the purpose of identification of any vessel; to authorize, direct, aid in exchange, or give away such counterfeit manufacturer’s vessel hull identification number plate or decal or any manufacturer’s vessel hull identification number plate or decal which is assigned to another vessel; or to conspire to do any of the foregoing. However, nothing in this subsection shall be applicable to any approved hull identification number plate or decal issued as a replacement by the manufacturer, the department, or another state.

(b) It is unlawful for any person to knowingly buy, sell, offer for sale, receive, dispose of, conceal, or have in his or her possession any vessel or part thereof on which the assigned identification number has been altered, removed, destroyed, covered, or defaced or maintain such vessel in any manner which conceals or misrepresents the true identity of the vessel.

(c) 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.

(5) The failure to have the hull identification number clearly displayed in compliance with this section shall be probable cause for any Division of Law Enforcement officer or other authorized law enforcement officer to make further inspection of the vessel in question to ascertain the true identity thereof.

(6) Each vessel manufactured after the effective date of this act for sale in the state shall have a hull identification number displayed prior to sale or delivery for sale in accordance with the regulations set forth in 33 C.F.R. part 181. The hull identification number shall not be altered or replaced by the manufacturer or manufacturer’s representative for the purpose of upgrading the model year of a vessel after being offered for sale or delivered to any dealer.

(7) No person or firm shall assign the same hull identification number to more than one vessel.

History.—s. 4, ch. 67-586; ss. 25, 35, ch. 69-106; s. 13, ch. 74-327; s. 5, ch. 80-266; s. 5, ch. 83-102; s. 2, ch. 84-129; s. 12, ch. 84-184; s. 1, ch. 86-73; s. 10, ch. 92-54; s. 469, ch. 95-148; s. 66, ch. 2008-4; s. 21, ch. 2009-86; s. 9, ch. 2016-179.

Note.—Former s. 371.77.

F.S. 328.07 on Google Scholar

F.S. 328.07 on Casetext

Amendments to 328.07

Arrestable Offenses / Crimes under Fla. Stat. 328.07

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

S328.07 1 - PUBLIC ORDER CRIMES - NO OR IMPROPER DISPLAY OF HULL ID NUMBER - M: S

S328.07 2 - PUBLIC ORDER CRIMES - OPERATE USE STORE VESSEL WO HULL ID DISPLAY - M: S

S328.07 3 - FORGERY OF - RENUMBERED. SEE REC # 8948 - M: S

S328.07 3 - FRAUD - RENUMBERED. SEE REC # 8949 - M: S

S328.07 3a - FORGERY OF - ALT REMOVE DESTROY DEFACE HULL ID NUMB PLATE - M: S

S328.07 3b - FRAUD - COVER HULL ID SERIAL NUMBER PLATE - M: S

S328.07 4a - COUNTERFEITING OF - MANUFACTURE HULL ID PLATE ASSIGNED TO ANOTHER - F: T

S328.07 4a - PASS COUNTERFEITED - HULL ID SELL EXCHANGE SUPPLY BLANK GIVE AWAY - F: T

S328.07 4a - POSSESS COUNTERFEITED - HULL IDENTIFICATION PLATE - F: T

S328.07 4a - FRAUD - POSS SELL ETC HULL ID PLATE ASSIGNED TO OTHER - F: T

S328.07 4b - FRAUD - CONCEAL MISREPRESENT MAINTAINED VESSELS ID - F: T

S328.07 4b - FRAUD - SELL DISPOSE ETC VESSEL PART W ALT ETC HULL ID - F: T

S328.07 4b - PROPERTY CRIMES - BUY POSS VESSEL PART WITH ALTERED ETC HULL ID - F: T

S328.07 6 - PUBLIC ORDER CRIMES - FAIL DISPLAY HULL ID NUM PRIOR SALE/DELIVERY - M: S

S328.07 6 - FRAUD - HULL ID NUM ALT BY MFG AFTER OFFER SALE/DEL - M: S

S328.07 7 - PUBLIC ORDER CRIMES - ASSIGN SAME HULL ID NUM MORE THAN ONE VESSEL - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 328.07

Total Results: 15

Lesende v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-11-14

Citation: 258 So. 3d 564

Snippet: identification number, is actually criminalized by section 328.07(4)(b), Florida Statutes (2016). Affirmed. LaROSE

RAFAEL LESENDE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-11-14

Snippet: identification number, is actually criminalized by section 328.07(4)(b), Florida Statutes (2016).

City of Hollywood v. Mulligan

Court: Supreme Court of Florida | Date Filed: 2006-07-06

Citation: 934 So. 2d 1238, 31 Fla. L. Weekly Supp. 461, 2006 Fla. LEXIS 1476, 2006 WL 1837930

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

Lopez v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-07-29

Citation: 716 So. 2d 301, 1998 WL 422142

Snippet: Hollander, Wharton's Criminal Evidence § 4.13, at 328.[7] The decided cases are illustrative. In Koon, the

State v. Westerman

Court: District Court of Appeal of Florida | Date Filed: 1997-02-26

Citation: 688 So. 2d 979, 1997 WL 78499

Snippet: support this contention, he noted that section 328.07, Florida Statutes (1995), requires that all vessels

Cochran v. Roscioli Yacht Sales, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1994-08-31

Citation: 642 So. 2d 1106, 1994 Fla. App. LEXIS 8537

Snippet: alleging that the unreadable HIN violated section 328.07(3)(b), Florida Statutes (1987)1. The Sheriff requested

In re Forfeiture of One 1980 Cessna T 207-A, Serial Number 20700623

Court: District Court of Appeal of Florida | Date Filed: 1991-10-02

Citation: 587 So. 2d 553, 1991 Fla. App. LEXIS 9739, 1991 WL 193331

Snippet: no hull numbers, which was violative of section 328.07, Florida Statutes. We held that even though the

In re Forfeiture of One 1987 Velocity 30' Go-Fast Vessel

Court: District Court of Appeal of Florida | Date Filed: 1991-04-03

Citation: 577 So. 2d 678, 1991 Fla. App. LEXIS 2908, 1991 WL 44993

Snippet: number in violation of section 328.-07, Fla.Stat. (1989). Section 328.07 provides: (1) No person shall

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

Court: District Court of Appeal of Florida | Date Filed: 1991-01-23

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

Snippet: and/or facilitate a felony, to wit: Florida Statute 328.07 subpar-agraph 3 (a) and (b) and 4 (a), (b) and

Zimmerman v. State

Court: District Court of Appeal of Florida | Date Filed: 1987-03-25

Citation: 505 So. 2d 517, 1987 Fla. App. LEXIS 12087, 12 Fla. L. Weekly 850

Snippet: Associate Judge, concur. . Sections 327.11(5) and 328.07(5), Florida Statutes (1985). . Section 327.56

Pompano Beach v. GEN. MOBILE HOME BROKERS

Court: District Court of Appeal of Florida | Date Filed: 1986-09-10

Citation: 493 So. 2d 97, 11 Fla. L. Weekly 1939

Snippet: numbers were displayed on it, as required by section 328.07(4), Florida Statutes. The police discovered contraband

Cabrera v. Dept. of Natural Resources

Court: District Court of Appeal of Florida | Date Filed: 1985-11-12

Citation: 478 So. 2d 454, 10 Fla. L. Weekly 2521, 1985 Fla. App. LEXIS 16711

Snippet: commission of a felony in violation of sections 328.07(4) and 932.701(2)(e), Florida Statutes (1983).

Davis v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-10-05

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

Snippet: and DOWNEY, JJ., concur. . Renumbered as section 328.07(4), Florida Statutes (1981).

Freeman v. McIntosh

Court: District Court of Appeal of Florida | Date Filed: 1976-07-16

Citation: 338 So. 2d 538, 1976 Fla. App. LEXIS 15734

Snippet: obstruction and deprivation of use of the South 328.7 feet of Marker Street lying north of State Road

Robinson v. Bruner

Court: Supreme Court of Florida | Date Filed: 1927-10-27

Citation: 114 So. 556, 94 Fla. 797

Snippet: erroneously based on Elliott v. Peirsol, 1 Pet. 328, 7 L.Ed. 164. We see no good reason for setting forth