Florida Statute 328.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIV
VESSELS

Chapter 328
VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION

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F.S. 328.09

328.09 Refusal to issue and authority to cancel a certificate of title.—

(1) Unless an application for a certificate of title is rejected under subsection (3) or subsection (4), the department shall create a certificate for the vessel in accordance with subsection (2) not later than 30 days after delivery to the department of an application that complies with s. 328.01.

(2) If the department creates electronic certificates of title, the department shall create an electronic certificate unless in the application the secured party of record or, if none, the owner of record requests that the department create a written certificate.

(3) Except as otherwise provided in subsection (4), the department may reject an application for a certificate of title only if:

(a) The application does not comply with s. 328.01;

(b) The application does not contain documentation sufficient for the department to determine whether the applicant is entitled to a certificate;

(c) There is a reasonable basis for concluding that the application is fraudulent or issuance of a certificate would facilitate a fraudulent or illegal act;

(d) The application does not comply with the laws of this state other than this part; or

(e) The application is for a vessel that has been deemed derelict by a law enforcement officer under s. 823.11. In such case, a law enforcement officer must inform the department in writing, which may be provided by facsimile, e-mail, or other electronic means, of the vessel’s derelict status and supply the department with the vessel title number or vessel identification number. The department may issue a certificate of title once a law enforcement officer has verified in writing, which may be provided by facsimile, e-mail, or other electronic means, that the vessel is no longer a derelict vessel.

(4) The department shall reject an application for a certificate of title for a vessel that is a documented vessel or a foreign-documented vessel.

(5) The department may cancel a certificate of title created by it only if the department:

(a) Could have rejected the application for the certificate under subsection (3);

(b) Is required to cancel the certificate under another provision of this part; or

(6) The decision by the department to reject an application for a certificate of title or cancel a certificate of title pursuant to this section is subject to a hearing pursuant to ss. 120.569 and 120.57 at which the owner and any other interested party may present evidence in support of or opposition to the rejection of the application for a certificate of title or the cancellation of a certificate of title.

History.—s. 4, ch. 67-586; ss. 25, 35, ch. 69-106; s. 13, ch. 74-327; s. 23, ch. 78-95; s. 13, ch. 84-184; s. 12, ch. 2017-163; s. 12, ch. 2019-76; ss. 24, 25, ch. 2021-184; ss. 16, 17, ch. 2022-142.

Note.—Former s. 371.78.

F.S. 328.09 on Google Scholar

F.S. 328.09 on Casetext

Amendments to 328.09

Arrestable Offenses / Crimes under Fla. Stat. 328.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 328.09.

Annotations, Discussions, Cases:

Cases Citing Statute 328.09

Total Results: 20

Non-Parties v. League of Women Voters of Florida

Court: District Court of Appeal of Florida | Date Filed: 2014-06-19

Citation: 150 So. 3d 221, 2014 WL 2770013, 2014 Fla. App. LEXIS 9407

Snippet: . NAACP v. Button, 371 U.S. 415, 431, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963) (quoting Sweety v. New Hampshire

State v. Catalano

Court: Supreme Court of Florida | Date Filed: 2012-12-13

Citation: 104 So. 3d 1069, 37 Fla. L. Weekly Supp. 763, 2012 Fla. LEXIS 2551, 2012 WL 6196899

Snippet: specificity. NAACP v. Button, 371 U.S. 415, 433, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963); see also Firestone, 538 So

Montgomery v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-09-16

Citation: 69 So. 3d 1023, 2011 Fla. App. LEXIS 14662

Snippet: ” NAACP v. Button, 371 U.S. 415, 433, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963). Due to the importance of the

Montgomery v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-09-16

Citation: 69 So. 3d 1023, 2011 WL 4102292

Snippet: " NAACP v. Button, 371 U.S. 415, 433, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963). Due to the importance of the

Simmons v. State

Court: Supreme Court of Florida | Date Filed: 2006-11-16

Citation: 944 So. 2d 317, 2006 WL 3313741

Snippet: " NAACP v. Button, 371 U.S. 415, 433, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963). Put another way, statutes cannot

Sult v. State

Court: Supreme Court of Florida | Date Filed: 2005-06-23

Citation: 906 So. 2d 1013, 2005 WL 1475338

Snippet: " NAACP v. Button, 371 U.S. 415, 433[, 83 S.Ct. 328, 9 L.Ed.2d *1019 405] (1963). Put another way, statutes

State v. Bradford

Court: Supreme Court of Florida | Date Filed: 2001-05-31

Citation: 787 So. 2d 811, 2001 WL 578468

Snippet: See NAACP v. Button, 371 U.S. 415, 438, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963) ("Broad prophylactic rules in

Amendments Regulating Bar-Advertising

Court: Supreme Court of Florida | Date Filed: 1999-12-17

Citation: 762 So. 2d 392, 1999 WL 1289031

Snippet: (quoting NAACP v. Button, 371 U.S. 415, 433, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963)); and (6) indicating on letterhead

Wyche v. State

Court: Supreme Court of Florida | Date Filed: 1993-03-25

Citation: 619 So. 2d 231, 1993 WL 82703

Snippet: " NAACP v. Button, 371 U.S. 415, 433, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963). Put another way, statutes cannot

Rogers v. Thompson

Court: District Court of Appeal of Florida | Date Filed: 1989-10-17

Citation: 556 So. 2d 751, 1989 Fla. App. LEXIS 5834, 1989 WL 120869

Snippet: (1971); NAACP v. Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963); Florida Gulf Coast Bldg. &

Agudo, Pineiro & Kates v. Harbert Const.

Court: District Court of Appeal of Florida | Date Filed: 1985-09-17

Citation: 476 So. 2d 1311, 10 Fla. L. Weekly 2183

Snippet: attorneys, N.A.A.C.P. v. Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963)[4] and its progeny: United Transportation

Department of Educ. v. Lewis

Court: Supreme Court of Florida | Date Filed: 1982-07-15

Citation: 416 So. 2d 455, 5 Educ. L. Rep. 681

Snippet: (1971); NAACP v. Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963); NAACP v. Alabama ex rel. Patterson

The Florida Bar v. Schreiber

Court: Supreme Court of Florida | Date Filed: 1981-10-22

Citation: 407 So. 2d 595, 1981 Fla. LEXIS 2872

Snippet: (1964); NAACP v. Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963). [5] We have recognized the

In RE DIVISION OF ADMIN. v. St. Regis Paper Co.

Court: District Court of Appeal of Florida | Date Filed: 1981-07-21

Citation: 402 So. 2d 1207

Snippet: v. Wye River Farms, *1209 Inc., 297 So.2d 323, 328-9 (Fla. 4th DCA 1974). The judgment is therefore AFFIRMED

Proctor v. City of Coral Springs

Court: District Court of Appeal of Florida | Date Filed: 1981-03-25

Citation: 396 So. 2d 771, 1981 Fla. App. LEXIS 19001

Snippet: (1967); NAACP v. Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963); NAACP v. Alabama ex rel. Patterson

The Florida Bar v. CONSOLIDATED BUS., ETC.

Court: Supreme Court of Florida | Date Filed: 1980-06-05

Citation: 386 So. 2d 797

Snippet: (1964); and NAACP v. Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963). After carefully reviewing the

State v. Elder

Court: Supreme Court of Florida | Date Filed: 1980-04-03

Citation: 382 So. 2d 687

Snippet: survive. NAACP v. Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963); Brown v. State, 358 So.2d 16

Florida Bar re Amendment to the Florida Bar Code of Professional Responsibility

Court: Supreme Court of Florida | Date Filed: 1980-02-21

Citation: 380 So. 2d 435, 1980 Fla. LEXIS 4199

Snippet: holding in NAACP v. Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963), the Court stated that collective

Pace v. State

Court: Supreme Court of Florida | Date Filed: 1979-02-01

Citation: 368 So. 2d 340

Snippet: specificity. NAACP v. Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963). In Button, the Supreme Court

Grissom v. Dade County

Court: Supreme Court of Florida | Date Filed: 1974-03-27

Citation: 293 So. 2d 59

Snippet: rights. NAACP v. Button, 371 U.S. 415, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963). Her ability to raise these