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Florida Statute 328.03 | Lawyer Caselaw & Research
F.S. 328.03 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 328.03

The 2023 Florida Statutes (including Special Session C)

Title XXIV
VESSELS
Chapter 328
VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION
View Entire Chapter
F.S. 328.03
328.03 Certificate of title required.
(1) Except as otherwise provided in subsections (2) and (3), each vessel that is operated, used, or stored on the waters of this state must be titled by this state pursuant to this part, and the owner of a vessel for which this state is the state of principal use shall deliver to the department an application for a certificate of title for the vessel, with the applicable fee, not later than 30 days after the later of:
(a) The date of a transfer of ownership; or
(b) The date this state becomes the state of principal use.
(2) An application for a certificate of title is not required for:
(a) A documented vessel;
(b) A foreign-documented vessel;
(c) A barge;
(d) A vessel before delivery if the vessel is under construction or completed pursuant to contract;
(e) A vessel held by a dealer for sale or lease;
(f) A vessel used solely for demonstration, testing, or sales promotional purposes by the manufacturer or dealer;
(g) A vessel operated, used, or stored exclusively on private lakes and ponds;
(h) A vessel owned by the United States Government;
(i) A vessel already covered by a registration number in full force and effect which was awarded to it pursuant to a federally approved numbering system of another state or by the United States Coast Guard in a state without a federally approved numbering system, if the vessel is not located in this state for a period in excess of 90 consecutive days; or
(j) A vessel from a country other than the United States temporarily used, operated, or stored on the waters of this state for a period that is not in excess of 90 days.
(3) The department may not issue, transfer, or renew a number issued to a vessel pursuant to the requirements of 46 U.S.C. s. 12301 unless the department has created a certificate of title for the vessel or an application for a certificate for the vessel and the applicable fee have been delivered to the department.
(4) An additional $10 fee shall be charged against the purchaser or transferee if he or she files a title transfer application after the 30-day period. The county tax collector may retain $5 of the additional amount. Any person who does not properly transfer title of a vessel pursuant to this chapter is subject to the penalties provided in s. 327.73(1)(ee).
(5) A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate and of the ownership of the vessel. A certificate of title is good for the life of the vessel so long as the certificate is owned or held by the legal holder. If a titled vessel is destroyed or abandoned, the owner, with the consent of any recorded lienholders, shall, within 30 days after the destruction or abandonment, surrender to the department for cancellation any and all title documents. If a titled vessel is insured and the insurer has paid the owner for the total loss of the vessel, the insurer shall obtain the title to the vessel and, within 30 days after receiving the title, forward the title to the department for cancellation. The insurer may retain the certificate of title when payment for the loss was made because of the theft of the vessel.
(6) The department shall provide labeled places on the title where the seller’s price shall be indicated when a vessel is sold and where a selling dealer shall record his or her valid sales tax certificate of registration number.
(7)(a) The department shall charge a fee of $5.25 for issuing each certificate of title. The tax collector shall be entitled to retain $3.75 of the fee.
(b) The department shall use security procedures, processes, and materials in the preparation and issuance of each certificate of title to prohibit, to the extent possible, a person’s ability to alter, counterfeit, duplicate, or modify the certificate.
(8) The department shall charge a fee of $4 in addition to that charged in subsection (7) for each initial certificate of title issued for a vessel previously registered outside this state.
(9) The department shall make regulations necessary and convenient to carry out the provisions of this chapter.
History.s. 4, ch. 67-586; ss. 24, 25, 35, ch. 69-106; s. 12, ch. 74-327; ss. 7, 8, ch. 79-359; s. 52, ch. 80-274; s. 13, ch. 81-100; s. 21, ch. 83-218; s. 11, ch. 84-184; s. 3, ch. 85-108; s. 7, ch. 85-324; s. 1, ch. 87-291; s. 467, ch. 95-148; s. 58, ch. 95-333; s. 62, ch. 96-413; s. 20, ch. 2009-86; s. 6, ch. 2019-76; ss. 8, 9, ch. 2022-197.
Note.Former s. 371.76.

F.S. 328.03 on Google Scholar

F.S. 328.03 on Casetext

Amendments to 328.03


Arrestable Offenses / Crimes under Fla. Stat. 328.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

S328.03 - PUBLIC ORDER CRIMES - REMOVED - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE CHESLEY, K. v. R. LLC,, 551 B.R. 663 (Bankr. M.D. Fla. 2016)

. . . . § 328.03(l)(a)-(d); § 327.02(28) § 328.03(1) and (2). . . . . Stat. § 328.03(4). . See Stirrup v. . . . Stat. § 328.03(4). . Doc. No. 109 at ¶¶ 34-38. . . .

F. V. STEEL AND WIRE COMPANY, v. HOULIHAN LOKEY HOWARD ZUKIN CAPITAL, L. P., 350 B.R. 835 (E.D. Wis. 2006)

. . . void a previously authorized employment agreement for a percentage fee”); 3 Collier on Bankruptcy § 328.03 . . .

In CALIRI,, 347 B.R. 788 (Bankr. M.D. Fla. 2006)

. . . . § 328.03 (2001). . . . The Jet Skis are vessels that do not fall within a statutory exception of § 328.03 and are titled by . . . U.S.C. § 12103(a) and is excluded from the Florida state titling laws pursuant to Florida Statutes § 328.03 . . .

In AQUAMARINE USA INC., 319 B.R. 270 (Bankr. M.D. Fla. 2004)

. . . Section 328.03(4), Florida Statutes, provides “a certificate of title is prima facie evidence of the . . .

RABIN, v. STATE DEPARTMENT OF REVENUE,, 884 So. 2d 983 (Fla. Dist. Ct. App. 2004)

. . . In Hardy, the plaintiffs sought to declare section 328.03(7), Florida Statutes (1995), unconstitutional . . .

In FEDERAL MOGUL- GLOBAL INC. T N v., 348 F.3d 390 (3d Cir. 2003)

. . . .”); 3 Collier on Bankruptcy § 328.03[1] (15th ed. rev.2002) (“A court may not revisit [its] prior determination . . .

In FEDERAL MOGUL- GLOBAL INC. T N v., 348 F.3d 390 (3d Cir. 2003)

. . . .”); 3 Collier on Bankruptcy § 328.03[1] (15th ed. rev.2002) (“A court may not revisit [its] prior determination . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. D. SARNOFF,, 734 So. 2d 1054 (Fla. Dist. Ct. App. 1998)

. . . The taxpayers instituted a class action suit, asserting that section 328.03(7), Florida Statutes (1995 . . .

In NATIONAL GYPSUM COMPANY, DONALDSON LUFKIN JENRETTE SECURITIES CORPORATION, v. NATIONAL GYPSUM COMPANY,, 123 F.3d 861 (5th Cir. 1997)

. . . as to the reasonableness of a fee arrangement at the beginning of a case); 3 Collier on Bankruptcy ¶ 328.03 . . .

In NATIONAL GYPSUM COMPANY, DONALDSON LUFKIN JENRETTE SECURITIES CORPORATION, v. NATIONAL GYPSUM COMPANY,, 123 F.3d 861 (5th Cir. 1997)

. . . as to the reasonableness of a fee arrangement at the beginning of a case); 3 Collier on Bankruptcy ¶ 328.03 . . .

FLORIDA DEPARTMENT OF REVENUE, v. HARDY, 697 So. 2d 954 (Fla. Dist. Ct. App. 1997)

. . . Appellees, the plaintiffs in this class action, sued the state seeking to have section 328.03(7), Florida . . .

In WILKINSON DISTRIBUTING CO. INC., 106 B.R. 658 (Bankr. D. Haw. 1989)

. . . See also 2 Collier on Bankruptcy, paragraph 328.03 (15th Ed.1988). . . .

In DANIELS, B. FORBES, v. DANIELS,, 93 B.R. 601 (Bankr. M.D. Tenn. 1988)

. . . FLA.STAT. 328.03(1) (1987). . . .

In McKENNA s, 93 B.R. 238 (Bankr. E.D. Ark. 1988)

. . . King, Collier on Bankruptcy II 328.03 (15th ed. 1988). . . .

GRIFFIN v. WISCONSIN, 483 U.S. 868 (U.S. 1987)

. . . to have in mind the welfare of the probationer (who in the regulations is called a “client,” HSS § 328.03 . . .

DOREMUS, v. Dr. C. H. FARRELL ROSENFIELD, v. E. NORTHWALL PATTERSON, v. R. CAMP, 407 F. Supp. 509 (D. Neb. 1975)

. . . . §§ 83-320, 83-322, 83-322.01, 83-325, 83-325.02-325.04, 83-326, 83-328 and 83-328.03 (1971) and 83- . . . Sections 83-328.02 and 328.03 provide for appeal from the findings of the Board to the district court . . .

ROCKANA CARRIERS,, 10 Fla. Supp. 56 (Fla. Railroad & P. U. C. 1957)

. . . Section 328.03(3) provides in part as follows — “. . . provided, that the commission in granting any . . .

COMMERCIAL CARRIER CORPORATION, 10 Fla. Supp. 42 (Fla. Railroad & P. U. C. 1956)

. . . Section 328.03, Florida Statutes 1955, provides for the filing and disposition of applications for certificates . . .