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Florida Statute 328.03 - Full Text and Legal Analysis
Florida Statute 328.03 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XXIV
VESSELS
Chapter 328
VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION
View Entire Chapter
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 certificate of title for the vessel, with the applicable fee, not later than 30 days after the later of:
(a) The date of a transfer of ownership; or
(b) The date this state becomes the state of principal use.
(2) An application for a certificate of title is not required for:
(a) A documented vessel;
(b) A foreign-documented vessel;
(c) A barge;
(d) A vessel before delivery if the vessel is under construction or completed pursuant to contract;
(e) A vessel held by a dealer for sale or lease;
(f) A vessel used solely for demonstration, testing, or sales promotional purposes by the manufacturer or dealer;
(g) A vessel operated, used, or stored exclusively on private lakes and ponds;
(h) A vessel owned by the United States Government;
(i) A vessel already covered by a registration number in full force and effect which was awarded to it pursuant to a federally approved numbering system of another state or by the United States Coast Guard in a state without a federally approved numbering system, if the vessel is not located in this state for a period in excess of 90 consecutive days; or
(j) A vessel from a country other than the United States temporarily used, operated, or stored on the waters of this state for a period that is not in excess of 90 days.
(3) The department may not issue, transfer, or renew a number issued to a vessel pursuant to the requirements of 46 U.S.C. s. 12301 unless the department has created a certificate of title for the vessel or an application for a certificate for the vessel and the applicable fee have been delivered to the department.
(4) An additional $10 fee shall be charged against the purchaser or transferee if he or she files a title transfer application after the 30-day period. The county tax collector may retain $5 of the additional amount. Any person who does not properly transfer title of a vessel pursuant to this chapter is subject to the penalties provided in s. 327.73(1)(ee).
(5) A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate and of the ownership of the vessel. A certificate of title is good for the life of the vessel so long as the certificate is owned or held by the legal holder. If a titled vessel is destroyed or abandoned, the owner, with the consent of any recorded lienholders, shall, within 30 days after the destruction or abandonment, surrender to the department for cancellation any and all title documents. If a titled vessel is insured and the insurer has paid the owner for the total loss of the vessel, the insurer shall obtain the title to the vessel and, within 30 days after receiving the title, forward the title to the department for cancellation. The insurer may retain the certificate of title when payment for the loss was made because of the theft of the vessel.
(6) The department shall provide labeled places on the title where the seller’s price shall be indicated when a vessel is sold and where a selling dealer shall record his or her valid sales tax certificate of registration number.
(7)(a) The department shall charge a fee of $5.25 for issuing each certificate of title. The tax collector shall be entitled to retain $3.75 of the fee.
(b) The department shall use security procedures, processes, and materials in the preparation and issuance of each certificate of title to prohibit, to the extent possible, a person’s ability to alter, counterfeit, duplicate, or modify the certificate.
(8) The department shall charge a fee of $4 in addition to that charged in subsection (7) for each initial certificate of title issued for a vessel previously registered outside this state.
(9) The department shall make regulations necessary and convenient to carry out the provisions of this chapter.
History.—s. 4, ch. 67-586; ss. 24, 25, 35, ch. 69-106; s. 12, ch. 74-327; ss. 7, 8, ch. 79-359; s. 52, ch. 80-274; s. 13, ch. 81-100; s. 21, ch. 83-218; s. 11, ch. 84-184; s. 3, ch. 85-108; s. 7, ch. 85-324; s. 1, ch. 87-291; s. 467, ch. 95-148; s. 58, ch. 95-333; s. 62, ch. 96-413; s. 20, ch. 2009-86; s. 6, ch. 2019-76; ss. 8, 9, ch. 2022-197.
Note.—Former s. 371.76.

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Amendments to 328.03


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 328.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

S328.03 - PUBLIC ORDER CRIMES - REMOVED - M: S

Cases Citing Statute 328.03

Total Results: 19  |  Sort by: Relevance  |  Newest First

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Fund for Animals, Inc. v. Rice, 85 F.3d 535 (11th Cir. 1996).

Cited 86 times | Published | Court of Appeals for the Eleventh Circuit

by regulation to include wetlands. 33 C.F.R. § 328.3(a), (b) 11 The Corps
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United States of Am., Plaintiff-Counter-Defendant-Appellee v. Park B. Banks, Defendant-Counter-Claimant-Appellant, 115 F.3d 916 (11th Cir. 1997).

Cited 25 times | Published | Court of Appeals for the Eleventh Circuit | 28 Envtl. L. Rep. (Envtl. Law Inst.) 20060, 37 Fed. R. Serv. 3d 1108, 45 ERC (BNA) 1281, 1997 U.S. App. LEXIS 15179, 1997 WL 306984

and *920 similar areas.” 33 C.F.R. § 328.3(b). A “wetland” under the CWA must meet the three
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Florida Keys Citizens Coalition, Inc. v. United States Army Corps of Engineers, 374 F. Supp. 2d 1116 (S.D. Fla. 2005).

Cited 11 times | Published | District Court, S.D. Florida | 2005 WL 1539245

defined by regulation to include wetlands. 33 C.F.R. § 328.3(a), (b). Section 404(a) authorizes the Secretary
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Fund for Animals, Inc. v. Rice, 85 F.3d 535 (11th Cir. 1996).

Cited 10 times | Published | Court of Appeals for the Eleventh Circuit | 1996 WL 281712

defined by regulation to include wetlands. 33 C.F.R. § 328.3(a), (b). 11 . The Corps also considered
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Barima Inv. Co., Inc. v. United States, 771 F. Supp. 1187 (S.D. Fla. 1991).

Cited 8 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 12715, 1991 WL 179749

property as wetlands within the meaning of 40 C.F.R. § 328.3(b). [4] Barima also sued federal defendants under
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Banks v. Page, 768 F. Supp. 809 (S.D. Fla. 1991).

Cited 6 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 9957, 1991 WL 132406

which extends to certain wetlands. 33 C.F.R. § 328.3(a). The Corps may authorize this activity on an
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United States v. Mills, 817 F. Supp. 1546 (N.D. Fla. 1993).

Cited 4 times | Published | District Court, N.D. Florida | 23 Envtl. L. Rep. (Envtl. Law Inst.) 21096, 1993 U.S. Dist. LEXIS 4457, 1993 WL 112105

swamps, marshes, bogs and similar areas." 33 C.F.R. § 328.3(b) (Army Corps definition); 40 C.F.R. § 230.3(t)
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New Hope Power Co. v. United States Army Corps of Engineers, 746 F. Supp. 2d 1272 (S.D. Fla. 2010).

Cited 3 times | Published | District Court, S.D. Florida | 72 ERC (BNA) 2177, 2010 U.S. Dist. LEXIS 103231, 2010 WL 3834991

marshes, bogs, and similar areas." 33 C.F.R. § 328.3(b) (emphasis added). In 1977, the Corps released
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United States v. Banks, 873 F. Supp. 650 (S.D. Fla. 1995).

Cited 2 times | Published | District Court, S.D. Florida | 25 Envtl. L. Rep. (Envtl. Law Inst.) 20776, 40 ERC (BNA) 1689, 1995 U.S. Dist. LEXIS 561, 1995 WL 21957

of the United States" are defined by 33 C.F.R. § 328.3(a)(1), (3), (5) and (7) and 40 C.F.R. § 232.2(q)(1)
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Florida Dept. of Revenue v. Hardy, 697 So. 2d 954 (Fla. 5th DCA 1997).

Cited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 428511

...Appellants, the Florida Department of Revenue and various other agencies and officers of the State of Florida (collectively, "the state"), appeal a non-final order denying their motion to transfer venue. We reverse. Appellees, the plaintiffs in this class action, sued the state seeking to have section 328.03(7), Florida Statutes (1995), declared unconstitutional....
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State Dept. of High. Saf. v. Sarnoff, 734 So. 2d 1054 (Fla. 1st DCA 1998).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1998 WL 821770

...cipatory. We agree with appellant that Hardy is instructive. In that case, the Department of Revenue had sent tax assessment letters to the plaintiffs, but had taken no enforcement action. The taxpayers instituted a class action suit, asserting that section 328.03(7), Florida Statutes (1995), was unconstitutional and seeking refunds for payments made in compliance with the statute....
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United States v. Sartori, 62 F. Supp. 2d 1362 (S.D. Fla. 1999).

Cited 1 times | Published | District Court, S.D. Florida | 49 ERC (BNA) 1957, 1999 U.S. Dist. LEXIS 13637, 1999 WL 691888

definition at issue in Wilson is found at 33 C.F.R. § 328.3(a)(3); the definition at issue in this case is
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Johnson v. Gulf Cnty., 26 So. 3d 33 (Fla. 1st DCA 2009).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 19943, 2009 WL 4912595

in interstate or foreign commerce." 33 C.F.R. § 328.3(a)(1), (7). As explained in the information sheet
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United States v. Key West Towers, Inc., 696 F. Supp. 1467 (S.D. Fla. 1988).

Published | District Court, S.D. Florida | 1988 U.S. Dist. LEXIS 11323, 1988 WL 105364

waters of the United States pursuant to 33 C.F.R. § 328.3 (1986). Because of this status, the government
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Rabin v. State Dep't of Revenue, 884 So. 2d 983 (Fla. 4th DCA 2004).

Published | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 13882, 2004 WL 2101908

...The situation in this case is not unlike those in Florida Department of Revenue v. Hardy, 697 So.2d 954 (Fla. 5th DCA 1997), and Department of Highway Safety and Motor Vehicles v. Sarnoff, 734 So.2d 1054 (Fla. 1st DCA 1998). In Hardy , the plaintiffs sought to declare section 328.03(7), Florida Statutes (1995), unconstitutional and to obtain a refund of fees....
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In Re Aquamarine USA Inc., 319 B.R. 270 (Bankr. M.D. Fla. 2004).

Published | United States Bankruptcy Court, M.D. Florida | 18 Fla. L. Weekly Fed. B 31, 56 U.C.C. Rep. Serv. 2d (West) 309, 2004 Bankr. LEXIS 1909, 2004 WL 2937300

...CONCLUSIONS OF LAW The status of Seller's claim as secured or unsecured is determined by state law. The Certificate of Title on record with the Department of Highway Safety and Motor Vehicles reflects the Seller as the registered owner of the Boat. [2] Section 328.03(4), Florida Statutes, provides "a certificate of title is prima facie evidence of the ownership of the vessel." Seller is named on the Certificate of Title as the registered owner of Boat....
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Chesley v. Hammons (In re Chesley), 551 B.R. 663 (Bankr. M.D. Fla. 2016).

Published | United States Bankruptcy Court, M.D. Florida | 26 Fla. L. Weekly Fed. B 171, 2016 Bankr. LEXIS 1923

328.01-328.80. . Fla. Stat. § 328.03(l)(a)-(d); § 327.02(28) § 328.03(1) and (2). . Subject to specified
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United States v. Banks (11th Cir. 1997).

Published | Court of Appeals for the Eleventh Circuit

marshes, bogs and similar areas." 33 C.F.R. § 328.3(b). A "wetland" under the CWA must meet
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In Re Caliri, 347 B.R. 788 (Bankr. M.D. Fla. 2006).

Published | United States Bankruptcy Court, M.D. Florida | 2006 Bankr. LEXIS 1821, 2006 WL 2382518

...Jet Skis Florida statutory law governs the ownership of vessels titled by the State of Florida. See FLA. STAT. §§ 328.01-328.80 (2001). A vessel operated on the waters of Florida must be titled by the State of Florida unless it meets one of the enumerated statutory exceptions. FLA. STAT. § 328.03 (2001). The Jet Skis are vessels that do not fall within a statutory exception of § 328.03 and are titled by the State of Florida, as evidenced by their Certificates of Title....
...allowed. Catamaran The Debtor and Husband acquired the Catamaran during their marriage. The Catamaran is a federally documented vessel pursuant to 46 U.S.C. § 12103(a) and is excluded from the Florida state titling laws pursuant to Florida Statutes § 328.03(1)(d)....

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