Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 328.05 | Lawyer Caselaw & Research
F.S. 328.05 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 328.05

The 2023 Florida Statutes (including Special Session C)

Title XXIV
VESSELS
Chapter 328
VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION
View Entire Chapter
F.S. 328.05
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 vessel is stolen. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) It is unlawful for any person, knowingly and with intent to defraud, to have in his or her possession, sell, offer to sell, counterfeit, or supply a blank, forged, fictitious, counterfeit, stolen, or fraudulently or unlawfully obtained certificate of title, duplicate certificate of title, registration, bill of sale, or other indicia of ownership of a vessel or to conspire to do any of the foregoing. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) It is unlawful:
(a) To alter or forge any certificate of title to a vessel or any assignment thereof or any cancellation of any lien on a vessel.
(b) To retain or use such certificate, assignment, or cancellation knowing that it has been altered or forged.
(c) To use a false or fictitious name, give a false or fictitious address, or make any false statement in any application or affidavit required under the provisions of this chapter or in a bill of sale or sworn statement of ownership or otherwise commit a fraud in any application.
(d) To knowingly obtain goods, services, credit, or money by means of an invalid, duplicate, fictitious, forged, counterfeit, stolen, or unlawfully obtained certificate of title, registration, bill of sale, or other indicia of ownership of a vessel.
(e) To knowingly obtain goods, services, credit, or money by means of a certificate of title to a vessel which certificate is required by law to be surrendered to the department.

Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A violation of any provision of this subsection with respect to any vessel shall constitute such vessel as contraband which may be seized by a law enforcement agency, or the division, and which shall be subject to forfeiture pursuant to ss. 932.701-932.704.

(4) This section is not exclusive of any other penalties prescribed by any existing or future laws for the larceny or unauthorized taking of vessels, but is supplementary thereto.
History.s. 4, ch. 80-266; s. 11, ch. 84-184; s. 3, ch. 85-252; s. 28, ch. 87-243; s. 9, ch. 87-392; s. 468, ch. 95-148.
Note.Former s. 371.763.

F.S. 328.05 on Google Scholar

F.S. 328.05 on Casetext

Amendments to 328.05


Arrestable Offenses / Crimes under Fla. Stat. 328.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

S328.05 1 - POSSESS STOLEN PROP - OBTAIN VESSEL TITLE IF VESSEL STOLEN - F: T
S328.05 2 - COUNTERFEITING OF - CERTIFICATE TITLE BILL OF SALE ETC VESSEL - F: T
S328.05 2 - PASS FORGED - TITLE BILL OF SALE ETC VESSEL SELL SUPPLY - F: T
S328.05 2 - PASS COUNTERFEITED - TITLE BILL OF SALE ETC VESSEL SELL SUPPLY - F: T
S328.05 2 - POSSESS FORGED - CERTIFICATE TITLE OR BILL OF SALE ETC VESSEL - F: T
S328.05 2 - POSSESS COUNTERFEITED - CERTIFICATE TITLE OR BILL OF SALE ETC VESSEL - F: T
S328.05 2 - FRAUD - POSS SELL ETC UNLAWFUL OBT TITLE ETC VESSEL - F: T
S328.05 2 - SALE OF STOLEN PROP - CERTIFICATE TITLE BILL OF SALE ETC VESSEL - F: T
S328.05 2 - POSSESS STOLEN PROP - CERTIFICATE TITLE OR BILL OF SALE ETC VESSEL - F: T
S328.05 2 - STOLEN PROP-DEAL IN - SUPPLY TITLE BILL OF SALE ETC VESSEL - F: T
S328.05 3a - FORGERY OF - VESSEL TITLE ASSIGNMENT LIEN CANCELLATION - F: T
S328.05 3b - PASS FORGED - VESSEL TITLE ASSIGNMENT LIEN CANCELLATION - F: T
S328.05 3b - POSSESS FORGED - VESSEL TITLE ASSIGNMENT LIEN CANCELLATION - F: T
S328.05 3c - FRAUD-FALSE STATEMENT - VESSEL APPLICATION - F: T
S328.05 3d - PASS FORGED - OWNERS IDENTIFICATION OBTAIN GOODS - F: T
S328.05 3d - PASS COUNTERFEITED - DUPLICATED OWNERS ID OBTAIN GOODS - F: T
S328.05 3d - FRAUD - OBT GOODS INVALID FICT STOLEN ETC OWNER ID - F: T
S328.05 3e - FRAUD - OBTAIN GOODS BY TITLE REQUIRED SURRENDERED - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE FISH FISHER, INC., 574 B.R. 608 (Bankr. S.D. Miss. 2017)

. . . who is not disinterested is within the discretion of the bankruptcy court.” 3 Collier on Bankruptcy ¶328.05 . . .

IN RE SHAFER BROS. CONSTR. INC., 525 B.R. 607 (Bankr. N.D. W. Va. 2015)

. . . applied in the absence of actual injury or prejudice to a debtor’s estate. 3 Collier on Bankruptcy ¶ 328.05 . . .

CITY OF HOLLYWOOD, v. MULLIGAN,, 934 So. 2d 1238 (Fla. 2006)

. . . See, e.g., §§ 206.205, 322.34, 328.05, 328.07, Fla. . . .

In CONGOLEUM CORP. CCI f k a f k a v., 426 F.3d 675 (3d Cir. 2005)

. . . See In re: Granite Partners LP, 219 B.R. 22, 34 (Bankr.S.D.N.Y.1998); Collier on Bankruptcy ¶ 328.05[ . . .

In CONGOLEUM CORP. CCI f k a f k a v., 426 F.3d 675 (3d Cir. 2005)

. . . See In re: Granite Partners LP, 219 B.R. 22, 34 (Bankr.S.D.N.Y.1998); Collier on Bankruptcy ¶ 328.05[ . . .

DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. ZABIELINSKI,, 785 So. 2d 517 (Fla. Dist. Ct. App. 2000)

. . . vessel using a false and fictitious name and a false and fictitious address in violation of section 328.05 . . . is whether the forfeiture of the vessel, valued at approximately $60,000, for violation of section 328.05 . . . Therefore, section 328.05(3)(c) must be construed in pari materia with sections 932.701-932.704. . . . Thus, this leads us to the conclusion that the forfeiture provision of section 328.05(3)(e) was enacted . . . Section 328.05(3)(c) provides in part: (3) It is unlawful: (c) To use a false or fictitious name, give . . .

In AMERICAN METALLURGICAL PRODUCTS CO. INC. v. LLP,, 228 B.R. 146 (Bankr. W.D. Pa. 1998)

. . . 328(c) but instead is] within the discretion of the bankruptcy court.” 3 Collier on Bankruptcy, para. 328.05 . . . in the absence of actual injury or prejudice to the debtor’s estate.” 3 Collier on Bankruptcy, para. 328.05 . . .

In GRANITE PARTNERS, L. P., 219 B.R. 22 (Bankr. S.D.N.Y. 1998)

. . . Collier on Bankruptcy ¶ 328.05[3], at 328-32 (15th ed. rev.1997)(“Collier”); Robin E. . . . In re GHR Energy Corp., 60 B.R. 52, 68 (Bankr.S.D.Tex.1985); see generally 3 Collier ¶ 328.05[4], at . . .

In CRIVELLO, KRAVIT, GASS WEBER, S. C. v. M. MICHEL,, 216 B.R. 831 (7th Cir. 1998)

. . . See 3 Collier on Bankruptcy ¶ 328.05[2], Given this background, we may focus on the ease at hand. . . .

In CRIVELLO, KRAVIT, GASS WEBER, S. C. v. M. MICHEL,, 134 F.3d 831 (7th Cir. 1998)

. . . See 3 Collier on Bankruptcy ¶ 328.05[2], Given this background, we may focus on the ease at hand. . . .

In FORFEITURE OF ONE SEAHAWK CIGARETTE VESSEL,, 572 So. 2d 1038 (Fla. Dist. Ct. App. 1991)

. . . Like subsection 328.07(3), subsection 328.05(3)(c) does not include the word “knowingly”; however, the . . .

STATE DEPARTMENT OF NATURAL RESOURCES, v. JOHNNY S CORAL MAINTENANCE CORP. A, 552 So. 2d 1130 (Fla. Dist. Ct. App. 1989)

. . . In this appeal, the DNR argues that section 328.05(3)(c) does not require a showing of a collateral crime . . . We agree that section 328.05(3)(c) does not require proof of a collateral crime in order to mandate forfeiture . . . This is because section 328.05(3)(c) must be construed in pari materia with the general forfeiture statute . . . to hold that these intentionally false statements in registering the boat did not contravene section 328.05 . . . in a bill of sale or sworn statement of ownership or otherwise commit a fraud in any application. § 328.05 . . . I agree that section 328.05(3)(c), Florida Statutes (1987), does not require a showing of a collateral . . .

DAVIS, v. STATE, 438 So. 2d 195 (Fla. Dist. Ct. App. 1983)

. . . is whether the proof at trial was sufficient to sustain defendant’s felony conviction under Section 328.05 . . . and one felony count of fraudulently obtaining a certificate of registration in violation of section 328.05 . . . on appeal, but the only meritorious issue concerns the defendant’s conviction for violating section 328.05 . . . By its plain language, section 328.05(2) is aimed at combatting fraud against third parties. . . . Accordingly, the defendant’s conviction for violating section 328.05(2), Florida Statutes (1979) is reversed . . .

UNITED STATES v. TWIN CITY POWER COMPANY OF GEORGIA TWIN CITY POWER COMPANY OF GEORGIA, v. UNITED STATES, 253 F.2d 197 (5th Cir. 1958)

. . . acres 267.00 Tract G-600 247.06 acres 18,190.90 Total....... 62,425.25 C/A 537 Tract E-449 5.51 acres 328.05 . . .

FELT TARRANT MFG. CO. v. THE UNITED STATES, 69 Ct. Cl. 204 (Ct. Cl. 1930)

. . . , viz: (а) April 1, 1918: Plaintiff filed income and excess-profits tax return, tax liability_$260, 328.05 . . .