The 2023 Florida Statutes (including Special Session C)

Title XXIV
VESSELS

Chapter 328
VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION

View Entire Chapter

F.S. 328.22

328.22 Transfer of ownership.—

(1) On voluntary transfer of an ownership interest in a vessel covered by a certificate of title, the following requirements apply:

(a) If the certificate is a written certificate of title and the transferor’s interest is noted on the certificate, the transferor shall promptly sign the certificate and deliver it to the transferee. If the transferor does not have possession of the certificate, the person in possession of the certificate has a duty to facilitate the transferor’s compliance with this paragraph. A secured party does not have a duty to facilitate the transferor’s compliance with this paragraph if the proposed transfer is prohibited by the security agreement.

(b) If the certificate of title is an electronic certificate of title, the transferor shall promptly sign by hand, or electronically if available, and deliver to the transferee a record evidencing the transfer of ownership to the transferee.

(c) The transferee has a right enforceable by specific performance to require the transferor to comply with paragraph (a) or paragraph (b).

(2) The creation of a certificate of title identifying the transferee as owner of record satisfies subsection (1).

(3) A failure to comply with subsection (1) or to apply for a new certificate of title does not render a transfer of ownership of a vessel ineffective between the parties. Except as otherwise provided in s. 328.101, s. 328.14(1), s. 328.145, or s. 328.23, a transfer of ownership without compliance with subsection (1) is not effective against another person claiming an interest in the vessel.

(4) A transferor that complies with subsection (1) is not liable as owner of the vessel for an event occurring after the transfer, regardless of whether the transferee applies for a new certificate of title.

History.—s. 23, ch. 2019-76.

F.S. 328.22 on Google Scholar

F.S. 328.22 on Casetext

Amendments to 328.22

Arrestable Offenses / Crimes under Fla. Stat. 328.22

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 328.22.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. WERNER, v. F. WALL,, 836 F.3d 751 (7th Cir. 2016)

. . . Code DOC § 328.22(2)(d) (2002), AD 02-10 set out the following: Approved Residence Requirement An approved . . . the DOC’s authority to detain him would have derived either from Wisconsin Administrative Code DOC § 328.22 . . . (2)(a), which permits detention "[f]or investigation of an alleged violation,” or from DOC § 328.22(2 . . .

JOHNSON, v. SONDALLE J., 112 F. App'x 524 (7th Cir. 2004)

. . . Code DOC § 328.22(2)(b), and, if the violation has been admitted in writing (as it was in the ATR Johnson . . . continue to detain the probationer on its own initiative pending a final revocation hearing, id. §§ 328.22 . . .

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

. . . s proposed rule, the strange scenario may often result in which a parolee is held pursuant to § DOC 328.22 . . . See § DOC 328.22(3). . . .

OLZINSKI, v. MACIONA,, 714 F. Supp. 401 (E.D. Wis. 1989)

. . . A declaratory judgment adjudging Wisconsin Administrative Code HHS 328.22 null and void; B. . . . He claims that the defendants’ authority for the arrest and detention was based on section HHS 328.22 . . . Wis.Admin.Code § HHS 328.22(2). The plaintiff contends that this subsection is unconstitutional. . . . the defendants’ position that the standard should be whether an arrest made pursuant to section HSS 328.22 . . . The plaintiff is also seeking an injunction restraining the defendants from enforcing section HHS 328.22 . . .