The 2023 Florida Statutes (including Special Session C)

Title XXIV
VESSELS

Chapter 328
VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION

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F.S. 328.07

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 from cite.case.law:

LESENDE, DOC v. STATE, 258 So. 3d 564 (Fla. App. Ct. 2018)

. . . opposed to a missing or altered vessel or hull identification number, is actually criminalized by section 328.07 . . .

CITY OF HOLLYWOOD, v. MULLIGAN,, 934 So. 2d 1238 (Fla. 2006)

. . . See, e.g., §§ 206.205, 322.34, 328.05, 328.07, Fla. . . .

SEA SERVICES OF THE KEYS, INC. a d. b. a. v. STATE OF FLORIDA,, 156 F.3d 1151 (11th Cir. 1998)

. . . . § 328.07 (1997)), the Marine Patrol declared the boat contraband, subjecting it to the Florida Contraband . . . Stat. §§ 328.07(3)(b) (permitting seizure of a boat that does not have a hull identification number as . . . Florida’s seizure of the defendant boat pursuant to Florida Statute section 328.07 subjected it to the . . .

STATE v. WESTERMAN,, 688 So. 2d 979 (Fla. Dist. Ct. App. 1997)

. . . To support this contention, he noted that section 328.07, Florida Statutes (1995), requires that all . . .

In FORFEITURE OF ONE FOOT HATTERAS VESSEL, II No. COCHRAN, v. ROSCIOLI YACHT SALES, INC., 642 So. 2d 1106 (Fla. Dist. Ct. App. 1994)

. . . the Sheriff filed a complaint against the Libra II alleging that the unreadable HIN violated section 328.07 . . . GUNTHER and KLEIN, JJ., concur. . 328.07 Hull identification number required.— (3)(b) If any of the hull . . .

In FORFEITURE OF ONE CESSNA T A, SERIAL NUMBER, 587 So. 2d 553 (Fla. Dist. Ct. App. 1991)

. . . .2d 1038 (Fla. 4th DCA 1991), the seized vessel had no hull numbers, which was violative of section 328.07 . . .

In FORFEITURE OF ONE VELOCITY GO- FAST VESSEL, H. I. N FL TCTR V. I. N., 577 So. 2d 678 (Fla. Dist. Ct. App. 1991)

. . . Section 328.07 provides: (1) No person shall operate on the waters of this state a vessel ... unless . . . The court ruled that section 328.07 had to be read in conjunction with the Florida Contraband Forfeiture . . . Further, when section 328.07 is read in pari materia with section 932.-704 it seems clear that the state . . .

In FORFEITURE OF ONE SEAHAWK CIGARETTE VESSEL,, 572 So. 2d 1038 (Fla. Dist. Ct. App. 1991)

. . . During the 1986 legislative session, subsection 328.07(3) was subdivided into parts (a) and (b). . . . Into (a) went the original wording of 328.07(3) and (b) was added. . . . Subsection 328.07(3) now states: (a) No person, firm, association, or corporation shall destroy, remove . . . 478 So.2d 454 (Fla. 3d DCA 1985), in which the third district, applying the 1983 version of section 328.07 . . . Like subsection 328.07(3), subsection 328.05(3)(c) does not include the word “knowingly”; however, the . . . seizure but not forfeiture of a vessel with altered or missing hull numbers by its amendment of section 328.07 . . . would simply hold, as appellant contends, that the legislature did intend, by the enactment of section 328.07 . . .

ZIMMERMAN, v. STATE, 505 So. 2d 517 (Fla. Dist. Ct. App. 1987)

. . . Sections 327.11(5) and 328.07(5), Florida Statutes (1985). . . . .

CITY OF POMPANO BEACH, v. GENERAL MOBILE HOME BROKERS, INC. a, 493 So. 2d 97 (Fla. Dist. Ct. App. 1986)

. . . s boat because no name or Florida registration numbers were displayed on it, as required by section 328.07 . . .

CABRERA, v. DEPARTMENT OF NATURAL RESOURCES,, 478 So. 2d 454 (Fla. Dist. Ct. App. 1985)

. . . that the vessel was used as an instrumentality in the commission of a felony in violation of sections 328.07 . . . According to section 328.07(4), it is a felony for an individual to: [K]nowingly buy, sell, offer for . . .

DAVIS, v. STATE, 438 So. 2d 195 (Fla. Dist. Ct. App. 1983)

. . . Renumbered as section 328.07(4), Florida Statutes (1981). . . .