The 2023 Florida Statutes (including Special Session C)

Title XXIV
VESSELS

Chapter 328
VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION

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F.S. 328.04

328.04 Content of certificate of title.—

(1) A certificate of title must contain:

(a) The date the certificate was created;

(b) The name of the owner of record and, if not all owners are listed, an indication that there are additional owners indicated in the files of the department;

(d) The hull identification number;

(e) The information listed in s. 328.01(2)(e);

(f) Except as otherwise provided in s. 328.12(2), the name and mailing address of the secured party of record, if any, and if not all secured parties are listed, an indication that there are other security interests indicated in the files of the department; and

(g) All title brands indicated in the files of the department covering the vessel, including brands indicated on a certificate created by a governmental agency of another jurisdiction and delivered to the department.

(2) This part does not preclude the department from noting on a certificate of title the name and mailing address of a secured party that is not a secured party of record.

(3) For each title brand indicated on a certificate of title, the certificate must identify the jurisdiction under whose law the title brand was created or the jurisdiction that created the certificate on which the title brand was indicated. If the meaning of a title brand is not easily ascertainable or cannot be accommodated on the certificate, the certificate may state: “Previously branded in (insert the jurisdiction under whose law the title brand was created or whose certificate of title previously indicated the title brand) .”

(4) If the files of the department indicate that a vessel was previously registered or titled in a foreign country, the department shall indicate on the certificate of title that the vessel was registered or titled in that country.

(5) A written certificate of title must contain a form that all owners indicated on the certificate may sign to evidence consent to a transfer of an ownership interest to another person. The form must include a certification, signed under penalty of perjury, that the statements made are true and correct to the best of each owner’s knowledge, information, and belief.

(6) A written certificate of title must contain a form for the owner of record to indicate, in connection with a transfer of an ownership interest, that the vessel is hull damaged.

History.—s. 7, ch. 2019-76.

F.S. 328.04 on Google Scholar

F.S. 328.04 on Casetext

Amendments to 328.04

Arrestable Offenses / Crimes under Fla. Stat. 328.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 328.04.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In ROTHCHILD S JEWELERS, INC., 337 B.R. 561 (Bankr. E.D. Va. 2004)

. . . Knapp Co.), 930 F.2d 386, 387-88 (4th Cir.1991); 3 Collier on Bankruptcy ¶¶ 328.04, 330.03[2][b][I] ( . . .

In J. LeCLAIR,, 336 B.R. 718 (Bankr. E.D. Va. 2002)

. . . Knapp Co.), 980 F.2d 386, 387-388 (4th Cir.1991); 3 Collier On Bankruptcy ¶¶ 328.04, 330.03[2][b][i] . . .

In MIDWAY INDUSTRIAL CONTRACTORS, INC., 272 B.R. 651 (Bankr. N.D. Ill. 2001)

. . . the estate from his failure to live up to the requirements of § 328(c). 2 Collier on Bankruptcy, ¶ 328.04 . . .

UNITED STATES v. JONES,, 152 F.3d 680 (7th Cir. 1998)

. . . See § DOC 328.04(3). . . . See § DOC 328.04(3)(k) (requiring a parolee to consent to a home search). . . . as a condition of their parole they must consent to home searches ordered by a DOC agent, see § DOC 328.04 . . .

D. WEINBERGER, v. STATE OF WISCONSIN,, 105 F.3d 1182 (7th Cir. 1997)

. . . Code § DOC 328.04; see Felce v. Fiedler, 974 F.2d 1484, 1495 (7th Cir.1992). . . . The particular administrative rule at issue, § DOC 328.04, sets forth the requirement that a probation . . .

In L. PRINCE, ELECTRO- WIRE PRODUCTS, INC. v. SIROTE PERMUTT, P. C., 40 F.3d 356 (11th Cir. 1994)

. . . debtor’s estate, this sanction [denial of fees] should not be rigidly applied.” 2 Collier on Bankruptcy 328.04 . . .

In L. PRINCE, ELECTRO- WIRE PRODUCTS, INC. v. SIROTE PERMUTT, P. C., 40 F.3d 356 (11th Cir. 1994)

. . . debtor’s estate, this sanction [denial of fees] should not be rigidly applied.” 2 Collier on Bankruptcy 328.04 . . .

M. GRAY, v. E. ENGLISH, M., 30 F.3d 1319 (10th Cir. 1994)

. . . prejudice to the debtor’s estate, this sanction should not be rigidly applied.” 2 Collier on Bankruptcy ¶ 328.04 . . .

M. GRAY, v. E. ENGLISH, M., 30 F.3d 1319 (10th Cir. 1994)

. . . prejudice to the debtor’s estate, this sanction should not be rigidly applied.” 2 Collier on Bankruptcy ¶ 328.04 . . .

E. FELCE, v. FIEDLER, H. L., 974 F.2d 1484 (7th Cir. 1992)

. . . Wis.Admin.Code § DOC 328.04(3)(1). . . . Wis.Admin.Code § DOC 328.04(1). . . .

In DIAMOND MORTGAGE CORPORATION OF ILLINOIS A. J., 135 B.R. 78 (Bankr. N.D. Ill. 1990)

. . . to the estate from his failure to live up to the requirements of § 328(c). 2 Collier on Bankruptcy, ¶328.04 . . .

In PETRO- SERVE LIMITED H. S. STANLEY, Jr. v. L. KROGSTAD, 97 B.R. 856 (Bankr. S.D. Miss. 1989)

. . . the debtor’s estate, this sanction should not be rigidly applied. 2 Collier on Bankruptcy, Section 328.04 . . .

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

. . . HSS § 328.04(3)(k). . . . HSS § 328.04(3)(j). . . . individualized counseling designed to foster growth and development of the client as necessary,” HSS § 328.04 . . . services are provided by another agency and evaluate] the need for continuation of the services,” HSS §328.04 . . . penalties that entails) if he failed to consent to any search that the regulation authorized, see HSS §328.04 . . . Code HSS §328.04 (2)(i) (1981), is enhanced the slightest bit by the ability to conduct a search without . . .

In GHR ENERGY CORP. f k a GHR f k a GHR f k a, 60 B.R. 52 (Bankr. S.D. Tex. 1985)

. . . prejudice to the debtor’s estate, this sanction should not be rigidly applied.” 2 Collier on Bankruptcy § 328.04 . . .

In DAIG CORPORATION,, 48 B.R. 121 (Bankr. D. Minn. 1985)

. . . See 2 Collier on Bankruptcy ¶ 328.04[2] (1985) (in absence of actual injury or prejudice to estate, section . . .