Florida Statutes
Fla. Stat. § 328.21 (2025)
Transfer without delivery of certificate; operation or use without certificate; failure to surrender; other violations.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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328.21 Transfer without delivery of certificate; operation or use without certificate; failure to surrender; other violations.—A person who:
(1) Except as otherwise provided for in this chapter, purports to sell or transfer a vessel for which a certificate of title is required without delivering to the purchaser or transferee thereof a certificate of title thereto which is duly assigned to the purchaser as provided in this chapter or who operates or uses in this state a vessel for which a certificate of title is required, without the certificate having been obtained in accordance with this chapter, or upon which the certificate of title has been canceled;
(2) Fails to surrender any certificate of title, certificate of registration, or sticker upon cancellation of the same by the department and notice thereof as prescribed in this chapter;
(3) Fails to surrender the certificate of title to the department as provided in this chapter when the vessel has been destroyed, dismantled, or changed so that it is not the vessel described in the certificate of title; or
(4) Violates any of the other provisions of this chapter, or any lawful rule adopted under this chapter,
is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for each offense.
Arrestable Offenses under F.S. 328.21
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§328.21(1)PUBLIC ORDER CRIMESOPERATE OR USE VESSEL W/O CERTIFICATE OF TITLE
§328.21(1)PUBLIC ORDER CRIMESSELL TRANSFER VESSEL W/O DELIVERY CERTIF TITLE
§328.21(2)PUBLIC ORDER CRIMESFAIL TO SURRENDER CANC TITLE OR REGIST STICKER
§328.21(3)PUBLIC ORDER CRIMESFAIL TO SURRENDER TITLE OF DESTROYED VESSEL
§328.21(4)PUBLIC ORDER CRIMESVIOL VESSEL TITLE CERTIF OR LIEN REGULATIONS
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1996–2022 · leading case: Soca v. State, 673 So. 2d 24 (Fla. 1996).
Soca v. State, 673 So. 2d 24 (Fla. 1996). “Code HSS §§ 328.21(4), 328.16(1) (Dec. 1981). Wisconsin's rule provided that the officer should consider a variety of factors in determining whether "reasonable grounds" existed, among which were information provided by an informant, the reliability and specificity of that…”
Spirit of the East, LLC v. Yale Prods., Inc. (S.D. Fla. 2022). “05, which provides that it is unlawful to knowingly supply a fraudulent or unlawfully obtained bill of sale; the third is § 328.21, which makes it unlawful to sell or transfer a vessel without a certificate of title when one is required.”
— 328.21(4) — 1 case
Soca v. State, 673 So. 2d 24 (Fla. 1996). “Code HSS §§ 328.21(4), 328.16(1) (Dec. 1981). Wisconsin's rule provided that the officer should consider a variety of factors in determining whether "reasonable grounds" existed, among which were information provided by an informant, the reliability and specificity of that…”
— 328.21(7) — 1 case
Soca v. State, 673 So. 2d 24 (Fla. 1996). “Code HSS §§ 328.21(4), 328.16(1) (Dec. 1981). Wisconsin's rule provided that the officer should consider a variety of factors in determining whether "reasonable grounds" existed, among which were information provided by an informant, the reliability and specificity of that…”
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