The 2023 Florida Statutes (including Special Session C)

Title XXIV
VESSELS

Chapter 328
VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION

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F.S. 328.21

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.

History.—s. 67, ch. 96-413.

F.S. 328.21 on Google Scholar

F.S. 328.21 on Casetext

Amendments to 328.21

Arrestable Offenses / Crimes under Fla. Stat. 328.21

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

S328.21 1 - PUBLIC ORDER CRIMES - OPERATE OR USE VESSEL WO CERTIFICATE OF TITLE - M: S

S328.21 1 - PUBLIC ORDER CRIMES - SELL TRANSFER VESSEL WO DELIVERY CERTIF TITLE - M: S

S328.21 2 - PUBLIC ORDER CRIMES - FAIL TO SURRENDER CANC TITLE OR REGIST STICKER - M: S

S328.21 3 - PUBLIC ORDER CRIMES - FAIL TO SURRENDER TITLE OF DESTROYED VESSEL - M: S

S328.21 4 - PUBLIC ORDER CRIMES - VIOL VESSEL TITLE CERTIF OR LIEN REGULATIONS - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

A. RADUNZ, v. VON HADEN,, 286 F. App'x 314 (7th Cir. 2008)

. . . Code Doc § 328.21(3); compare United States v. . . .

J. CARROLL, v. BARNACK,, 166 F. App'x 866 (7th Cir. 2006)

. . . Code DOC § 328.21 (2005). . . .

UNITED STATES v. KEITH,, 375 F.3d 346 (5th Cir. 2004)

. . . . §§ 328.21(4), 328.16(1) (1981). See Griffin, 483 U.S. at 871, 107 S.Ct 3164. . . .

WHITE, v. SIMONSON COHEN P. C., 23 F. Supp. 2d 273 (E.D.N.Y. 1998)

. . . worked for a law firm that had one consumer credit client for three years and had collected $29.30, $328.21 . . .

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

. . . One of those conditions prohibits parolees from possessing “contraband,” see §§ DOC 328.21(3), 328.16 . . . talked to her DOC supervisor about the possibility of a search of Jones’s residence, pursuant to § DOC 328.21 . . . Jones argues that reasonable grounds did not exist to search his residence under § DOC 328.21(7) because . . . Jones also points out that § DOC 328.21(f) prohibits an agent conducting a “reasonable grounds” search . . . Id. § DOC 328.21(7). . . . .

VON SCHMIDT v. M. KRATTER,, 9 F. Supp. 2d 100 (D. Conn. 1997)

. . . The total receipts from the Moore Center were $29.30 in 1994, $328.21 in 1995, and $450.28 in 1996. . . .

SOCA, v. STATE, 673 So. 2d 24 (Fla. 1996)

. . . Wis.Admin.Code HSS §§ 328.21(4), 328.16(1) (Dec. 1981). . . . Id. § 328.21(7). . . . Unlike Wisconsin’s statutory scheme, see Wis.Admin.Code HSS §§ 328.21(4), 328.16(1) (Dec. 1981), Florida . . .

UNITED STATES v. COLEMAN,, 22 F.3d 126 (7th Cir. 1994)

. . . See Wisconsin Administrative Code DOC § 328.21(a). These arguments we can reject in short order. . . .

Jo SHEA, v. L. SMITH,, 966 F.2d 127 (3d Cir. 1992)

. . . Wis Admin Code §§ 328.21(4), 328.16(1) (1981). The Supreme Court upheld the warrant-less search. . . . See Wis Admin Code HSS § 328.21. . . .

UNITED STATES v. L. PAGEL,, 854 F.2d 267 (7th Cir. 1988)

. . . concerning Larsen and asked for permission to search Larsen’s home pursuant to Wis.Admin.Code, HSS § 328.21 . . . It held that because the search of the Oldsmobile was lawful pursuant to Wis.Admin.Code, HSS § 328.21 . . . from his supervisor, exigent circumstances had to exist before the search could be proper under HHS § 328.21 . . .

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

. . . Code HSS §§ 328.21(4), 328.16(1) (1981). . . . HSS §328.21(7). . . . HSS §§ 328.21(7)(f), (g). As was true, then, in O’Connor v. Ortega, 480 U. . . . Effective May 1, 1986, HSS § 328.21 was repealed and repromulgated with somewhat different numbering . . . This opinion will cite the old version of § 328.21, which was in effect at the time of the search. . . . Code HSS § 328.21(7) (1981). . . . Sometimes, this will elicit information helpful in determining whether a search should be made.” § 328.21 . . . See §§ 328.21(7)(h) and (i). . . . Code HSS § 328.21(7) (1981). . . . Code HSS § 328.21(6) (1986). . . .

PARMELEE v. CHICAGO EYE SHIELD CO., 157 F.2d 582 (8th Cir. 1946)

. . . The second counterclaim was for $328.21 for commissions on sales made by plaintiff in 1944 in the Texas . . .