Fla. Stat. § 328.001
Short title
This part may be cited as the “Uniform Certificate of Title for Vessels Act.”
Florida Statutes Chapter 328 — VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION
Florida · statute · Fla. Stat. ch. 328 · 61 active provisions
Fla. Stat. § 328.0015
Definitions
(1) As used in this part, the term:(a) “Barge” means a vessel that is not self-propelled or fitted for propulsion by sail, paddle, oar, or similar device.(b) “Builder’s certificate” means a certificate of the facts of build of a vessel described in 46 C.F.R. s. 67.99.(c) “Buyer” means a person who buys or contracts to…
Fla. Stat. § 328.01
Application for certificate of title
(1) The owner of a vessel which is required to be titled shall apply to the county tax collector for a certificate of title. Except as otherwise provided in ss. 328.045, 328.11, 328.12, 328.215, 328.23, and 328.24, only an owner may apply for a certificate of title.(2) An application for a certificate of title must be…
Fla. Stat. § 328.015
Duties and operation of the department
(1) The department shall retain the evidence used to establish the accuracy of the information in its files relating to the current ownership of a vessel and the information on the certificate of title.(2) The department shall retain in its files all information regarding a security interest in a vessel for at least 10…
Fla. Stat. § 328.02
Law governing vessel covered by certificate of title
(1) The law of the state under which a vessel’s certificate of title is covered governs all issues relating to the certificate from the time the vessel becomes covered by the certificate until the vessel becomes covered by another certificate or becomes a documented vessel, even if no other relationship exists between…
Fla. Stat. § 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 cer…
Fla. Stat. § 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;(c) The mailing address of the owner of record;(d) The hull identification numbe…
Fla. Stat. § 328.045
Title brands
(1) Unless subsection (3) applies, at or before the time the owner of record transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title created by the department, if the damage occurred while that person was an owner of the vessel and the person has notice of the damage at the ti…
Fla. Stat. § 328.05
Crimes relating to certificates of title to, or other indicia of ownership of, vessels; penalties
(1) It is unlawful for any person to procure or attempt to procure a certificate of title or duplicate certificate of title to a vessel, or to pass or attempt to pass a certificate of title or duplicate certificate of title to a vessel or any assignment thereof, if such person knows or has reason to believe that such v…
Fla. Stat. § 328.055
Maintenance of and access to files
(1) For each record relating to a certificate of title submitted to the department, the department shall:(a) Ascertain or assign the hull identification number for the vessel;(b) Maintain the hull identification number and all the information submitted with the application pursuant to s. 328.01(2) to which the record r…
Fla. Stat. § 328.06
Action required on creation of certificate of title
(1) On creation of a written certificate of title, the department shall promptly send the certificate to the secured party of record or, if none, to the owner of record at the address indicated for that person in the files of the department. On creation of an electronic certificate of title, the department shall prompt…
Fla. Stat. § 328.065
Effect of possession of certificate of title; judicial process
Possession of a certificate of title does not by itself provide a right to obtain possession of a vessel. Garnishment, attachment, levy, replevin, or other judicial process against the certificate is not effective to determine possessory rights to the vessel. This part does not prohibit enforcement under the laws of th…
Fla. Stat. § 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 t…
Fla. Stat. § 328.09
Refusal to issue and authority to cancel a certificate of title
(1) Unless an application for a certificate of title is rejected under subsection (3) or subsection (4), the department shall create a certificate for the vessel in accordance with subsection (2) not later than 30 days after delivery to the department of an application that complies with s. 328.01.(2) If the department…
Fla. Stat. § 328.101
Effect of missing or incorrect information
Except as otherwise provided in s. 679.337, a certificate of title or other record required or authorized by this part is effective even if it contains unintended scrivener’s errors or does not contain certain required information if such missing information is determined by the department to be inconsequential to the…
Fla. Stat. § 328.11
Duplicate certificate of title
(1) If a written certificate of title is lost, stolen, mutilated, destroyed, or otherwise becomes unavailable or illegible, the secured party of record or, if no secured party is indicated in the files of the department, the owner of record may apply for and, by furnishing information satisfactory to the department, ob…
Fla. Stat. § 328.12
Perfection of security interest
(1) Except as otherwise provided in this section, a security interest in a vessel may be perfected only by delivery to the department of an application for a certificate of title that identifies the secured party and otherwise complies with s. 328.01. The security interest is perfected on the later of delivery to the d…
Fla. Stat. § 328.125
Termination statement
(1) A secured party indicated in the files of the department as having a security interest in a vessel shall deliver a termination statement to the department and, on the debtor’s request, to the debtor, by the earlier of:(a) Twenty days after the secured party receives a signed demand from an owner for a termination s…
Fla. Stat. § 328.13
Manufacturer’s statement of origin to be furnished
(1) Any person selling a new vessel in this state shall furnish a manufacturer’s statement of origin to the purchaser of the vessel. The statement shall be signed and dated by an authorized representative of the manufacturer and shall indicate the complete name and address of the purchaser. The statement shall provide…
Fla. Stat. § 328.14
Rights of purchaser other than secured party
(1) A buyer in ordinary course of business has the protections afforded by ss. 672.403(2) and 679.320(1) even if an existing certificate of title was not signed and delivered to the buyer or a new certificate listing the buyer as owner of record was not created.(2) Except as otherwise provided in ss. 328.145 and 328.22…
Fla. Stat. § 328.145
Rights of secured party
(1) Subject to subsection (2), the effect of perfection and nonperfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, is governed by the Uniform Commercial Code.(2) If, while a security interest…
Fla. Stat. § 328.15
Notice of lien and satisfaction of lien on vessel; recording
(1) Upon the payment of a lien, the debtor or the registered owner of the motorboat shall be entitled to demand and receive from the lienholder a satisfaction of the lien which shall likewise be filed with the Department of Highway Safety and Motor Vehicles.(2) The Department of Highway Safety and Motor Vehicles under…
Fla. Stat. § 328.16
Issuance in duplicate; delivery; liens, security interests, and encumbrances
(1) The department shall assign a number to each certificate of title and shall issue each certificate of title and each corrected certificate in duplicate. The database record shall serve as the duplicate title certificate.(2) An authorized person must sign the original certificate of title and each corrected certific…
Fla. Stat. § 328.165
Cancellation of certificates
(1) If it appears that a certificate of title has been improperly issued, the department shall cancel the certificate. Upon cancellation of any certificate of title, the department shall notify the person to whom the certificate of title was issued, and any lienholders or secured parties appearing thereon, of the cance…
Fla. Stat. § 328.17
Nonjudicial sale of vessels
(1) It is the intent of the Legislature that any nonjudicial sale of any vessel held for unpaid costs, storage charges, or dockage fees, or any vessel held for failure to pay removal costs pursuant to s. 327.53(7), be disposed of pursuant to the provisions of this section.(2) The Department of Highway Safety and Motor…
Page 1 of 3Next →