328.001 – Short title.

1328.001 Short title.—This part may be cited as the “Uniform Certificate of Title for Vessels Act.” History.—s. 1, ch. 2019-76. 1Note.—Effective July 1, 2023.

328.0015 – Definitions.

1328.0015 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 […]

328.01 – Application for certificate of title.

1328.01 Application for certificate of title.— (1)(a) The owner of a vessel which is required to be titled shall apply to the county tax collector for a certificate of title. The application shall include the true name of the owner, the residence or business address of the owner, and the complete description of the vessel, including the […]

328.015 – Duties and operation of the department.

1328.015 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 […]

328.02 – Law governing vessel covered by certificate of title.

1328.02 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 […]

328.03 – Certificate of title required.

1328.03 Certificate of title required.— (1) Each vessel that is operated, used, or stored on the waters of this state must be titled by this state pursuant to this chapter, unless it is: (a) A vessel operated, used, or stored exclusively on private lakes and ponds; (b) A vessel owned by the United States Government; (c) A non-motor-powered vessel less […]

328.04 – Content of certificate of title.

1328.04 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 […]

328.045 – Title brands.

1328.045 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 […]

328.05 – Crimes relating to certificates of title to, or other indicia of ownership of, vessels; penalties.

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 […]

328.055 – Maintenance of and access to files.

1328.055 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 relates, including […]

328.06 – Action required on creation of certificate of title.

1328.06 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 […]

328.065 – Effect of possession of certificate of title; judicial process.

1328.065 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 […]

328.07 – Hull identification number required.

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 […]

328.09 – Refusal to issue and authority to cancel a certificate of title or registration.

1328.09 Refusal to issue and authority to cancel a certificate of title or registration.— (1) If the department determines at any time that an applicant for a certificate of title or registration gave a false statement or false or incomplete information in applying for the certificate or otherwise failed to comply with the applicable provisions pertaining to […]

328.101 – Effect of missing or incorrect information.

1328.101 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 […]

328.11 – Duplicate certificate of title.

1328.11 Duplicate certificate of title.— (1) The Department of Highway Safety and Motor Vehicles may issue a duplicate certificate of title upon application by the person entitled to hold such a certificate if the department is satisfied that the original certificate has been lost, destroyed, or mutilated. The department shall charge a fee of $6 for issuing […]

328.12 – Perfection of security interest.

1328.12 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 […]

328.125 – Termination statement.

1328.125 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 […]

328.13 – Manufacturer’s statement of origin to be furnished.

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 […]

328.14 – Rights of purchaser other than secured party.

1328.14 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 […]