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Florida Statute 328.07 - Full Text and Legal Analysis
Florida Statute 328.07 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 328.07 Case Law from Google Scholar Google Search for Amendments to 328.07

The 2025 Florida Statutes

Title XXIV
VESSELS
Chapter 328
VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION
View Entire Chapter
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 the manufacturer as required by the United States Coast Guard or by the department for a homemade vessel or other vessel for which a hull identification number is not required by the United States Coast Guard. The hull identification number must be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or, if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, above the waterline of the vessel in such a way that alteration, removal, or replacement would be obvious and evident. The characters of the hull identification number must be no less than 12 in number and no less than one-fourth inch in height.
(2) No person shall operate, use, or store on the waters of this state a vessel the construction of which was completed before November 1, 1972, for which the department has issued a certificate of title or which is required by law to be registered, unless the vessel displays a hull identification number. The hull identification number shall be clearly imprinted in the transom or on the hull by stamping, impressing, or marking with pressure. In lieu of imprinting, the hull identification number may be displayed on a plate in a permanent manner. A vessel for which the manufacturer has provided no hull identification number or a homemade vessel shall be assigned a hull identification number by the department which shall be affixed to the vessel pursuant to this section.
(3)(a) No person, firm, association, or corporation shall destroy, remove, alter, cover, or deface the hull identification number or hull serial number, or plate bearing such number, of any vessel, except to make necessary repairs which require the removal of the hull identification number and immediately upon completion of such repairs shall reaffix the hull identification number in accordance with subsection (2).
(b) If any of the hull identification numbers required by the United States Coast Guard for a vessel manufactured after October 31, 1972, do not exist or have been altered, removed, destroyed, covered, or defaced or the real identity of the vessel cannot be determined, the vessel may be seized as contraband property by a law enforcement agency or the division, and shall be subject to forfeiture pursuant to ss. 932.701-932.7062. Such vessel may not be sold or operated on the waters of the state unless the division receives a request from a law enforcement agency providing adequate documentation or is directed by written order of a court of competent jurisdiction to issue to the vessel a replacement hull identification number which shall thereafter be used for identification purposes. No vessel shall be forfeited under the Florida Contraband Forfeiture Act when the owner unknowingly, inadvertently, or neglectfully altered, removed, destroyed, covered, or defaced the vessel hull identification number.
(4)(a) It is unlawful for any person to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, supply in blank, or give away any counterfeit manufacturer’s vessel hull identification number plate or decal or any manufacturer’s vessel hull identification plate or decal which is assigned to another vessel to be used for the purpose of identification of any vessel; to authorize, direct, aid in exchange, or give away such counterfeit manufacturer’s vessel hull identification number plate or decal or any manufacturer’s vessel hull identification number plate or decal which is assigned to another vessel; or to conspire to do any of the foregoing. However, nothing in this subsection shall be applicable to any approved hull identification number plate or decal issued as a replacement by the manufacturer, the department, or another state.
(b) It is unlawful for any person to knowingly buy, sell, offer for sale, receive, dispose of, conceal, or have in his or her possession any vessel or part thereof on which the assigned identification number has been altered, removed, destroyed, covered, or defaced or maintain such vessel in any manner which conceals or misrepresents the true identity of the vessel.
(c) 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.
(5) The failure to have the hull identification number clearly displayed in compliance with this section shall be probable cause for any Division of Law Enforcement officer or other authorized law enforcement officer to make further inspection of the vessel in question to ascertain the true identity thereof.
(6) Each vessel manufactured after the effective date of this act for sale in the state shall have a hull identification number displayed prior to sale or delivery for sale in accordance with the regulations set forth in 33 C.F.R. part 181. The hull identification number shall not be altered or replaced by the manufacturer or manufacturer’s representative for the purpose of upgrading the model year of a vessel after being offered for sale or delivered to any dealer.
(7) No person or firm shall assign the same hull identification number to more than one vessel.
History.s. 4, ch. 67-586; ss. 25, 35, ch. 69-106; s. 13, ch. 74-327; s. 5, ch. 80-266; s. 5, ch. 83-102; s. 2, ch. 84-129; s. 12, ch. 84-184; s. 1, ch. 86-73; s. 10, ch. 92-54; s. 469, ch. 95-148; s. 66, ch. 2008-4; s. 21, ch. 2009-86; s. 9, ch. 2016-179.
Note.Former s. 371.77.

F.S. 328.07 on Google Scholar

F.S. 328.07 on CourtListener

Amendments to 328.07


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 328.07
Level: Degree
Misdemeanor/Felony: First/Second/Third

S328.07 1 - PUBLIC ORDER CRIMES - NO OR IMPROPER DISPLAY OF HULL ID NUMBER - M: S
S328.07 2 - PUBLIC ORDER CRIMES - OPERATE USE STORE VESSEL W/O HULL ID DISPLAY - M: S
S328.07 3 - FRAUD - RENUMBERED. SEE REC # 8949 - M: S
S328.07 3 - FORGERY OF - RENUMBERED. SEE REC # 8948 - M: S
S328.07 6 - PUBLIC ORDER CRIMES - FAIL DISPLAY HULL ID NUM PRIOR SALE/DELIVERY - M: S
S328.07 6 - FRAUD - HULL ID NUM ALT BY MFG AFTER OFFER SALE/DEL - M: S
S328.07 7 - PUBLIC ORDER CRIMES - ASSIGN SAME HULL ID NUM MORE THAN ONE VESSEL - M: S
S328.07 3a - FORGERY OF - ALT REMOVE DESTROY DEFACE HULL ID NUMB PLATE - M: S
S328.07 3b - FRAUD - COVER HULL ID SERIAL NUMBER PLATE - M: S
S328.07 4a - COUNTERFEITING OF - MANUFACTURE HULL ID PLATE ASSIGNED TO ANOTHER - F: T
S328.07 4a - PASS COUNTERFEITED - HULL ID SELL EXCHANGE SUPPLY BLANK GIVE AWAY - F: T
S328.07 4a - POSSESS COUNTERFEITED - HULL IDENTIFICATION PLATE - F: T
S328.07 4a - FRAUD - POSS SELL ETC HULL ID PLATE ASSIGNED TO OTHER - F: T
S328.07 4b - FRAUD - CONCEAL MISREPRESENT MAINTAINED VESSELS ID - F: T
S328.07 4b - FRAUD - SELL DISPOSE ETC VESSEL PART W ALT ETC HULL ID - F: T
S328.07 4b - PROPERTY CRIMES - BUY POSS VESSEL PART WITH ALTERED ETC HULL ID - F: T

Cases Citing Statute 328.07

Total Results: 12  |  Sort by: Relevance  |  Newest First

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State v. Westerman, 688 So. 2d 979 (Fla. 2d DCA 1997).

Cited 6 times | Published | Florida 2nd District Court of Appeal | 1997 WL 78499

...The state could not comply because it had disposed of the craft in the county landfill. Mr. Westerman then filed a motion to dismiss, asserting that the destruction of this evidence deprived him of his right to due process under the United States and the Florida Constitutions. To support this contention, he noted that section 328.07, Florida Statutes (1995), requires that all vessels have a hull identification number permanently affixed....
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Pompano Beach v. Gen. Mobile Home Brokers, 493 So. 2d 97 (Fla. 4th DCA 1986).

Cited 2 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1939

...Appellant's police department seized the property pursuant to the Florida Contraband Forfeiture Act, sections 932.701-932.704, Florida Statutes. The Pompano Beach police made a routine stop of appellee's boat because no name or Florida registration numbers were displayed on it, as required by section 328.07(4), Florida Statutes....
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Cabrera v. Dept. of Nat. Resources, 478 So. 2d 454 (Fla. 3d DCA 1985).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2521, 1985 Fla. App. LEXIS 16711

...The sergeant seized the vessel pursuant to the Florida Contraband Forfeiture Act, §§ 932.701-.704, Fla. Stat. (1983). Following a hearing, the trial court ordered the boat forfeited, implicitly holding that the vessel was used as an instrumentality in the commission of a felony in violation of sections 328.07(4) and 932.701(2)(e), Florida Statutes (1983). We agree with Cabrera's contention that the vessel does not meet the statutory definition of "instrumentality." We therefore reverse. According to section 328.07(4), it is a felony for an individual to: [K]nowingly buy, sell, offer for sale, receive, dispose of, conceal, or have in his possession any vessel or part thereof on which the assigned identification number has been altered, removed, d...
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Davis v. State, 438 So. 2d 195 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 21854

LETTS and DOWNEY, JJ., concur. . Renumbered as section 328.07(4), Florida Statutes (1981).
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Sea Servs. v. Abandoned 29', 156 F.3d 1151 (11th Cir. 1998).

Published | Court of Appeals for the Eleventh Circuit

...ril of sinking, and decided to tow it to a nearby marina. Sea Tow then contacted the Florida Marine Patrol about the boat. After the Florida Marine Patrol discovered that the boat did not have a required hull identification number (see Fla. Stat. § 328.07 (1997)), the Marine Patrol declared the boat contraband, subjecting it to the Florida Contraband Forfeiture Act (Act) and seized it.2 See Fla. Stat. §§ 328.07(3)(b) (permitting seizure of a boat that does not have a hull identification number as contraband property and subjecting it to forfeiture under the Act); 932.701 - 932.707 (Act). PROCEDURAL HISTORY...
...ourt over an in rem admiralty 3 action where the res is not within the State’s possession.” 118 S. Ct. 1464, 1467 (1998). Florida’s seizure of the defendant boat pursuant to Florida Statute section 328.07 subjected it to the Act’s rules on forfeiture....
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Sea Servs. of the Keys, Inc. v. State of Florida, 156 F.3d 1151 (11th Cir. 1998).

Published | Court of Appeals for the Eleventh Circuit | 1999 A.M.C. 320, 1998 U.S. App. LEXIS 24640, 1998 WL 681473

...eril of sinking, and decided to tow it to a nearby marina. Sea Tow then contacted the Florida Marine Patrol about the boat. After the Florida Marine Patrol discovered that the boat did not have a required hull identification number (see Fla. Stat. § 328.07 1 The fisherman contacted the Florida Marine Patrol and the United States Coast Guard about this boat. Sea Tow determined that neither agency planned to take immediate action regarding the boat. (1997)), the Marine Patrol declared the boat contraband, subjecting it to the Florida Contraband Forfeiture Act (Act) and seized it.2 See Fla. Stat. §§ 328.07(3)(b) (permitting seizure of a boat that does not have a hull identification number as contraband property and subjecting it to forfeiture under the Act); 932.701—932.707 (Act). PROCEDURAL HISTORY...
...Deep Sea Research, Inc., "the Eleventh Amendment does not bar the jurisdiction of a federal court over an in rem admiralty action where the res is not within the State's possession." --- U.S. ----, ----, 118 S.Ct. 1464, 1467, 149 L.Ed.2d 626 (1998). Florida's seizure of the defendant boat pursuant to Florida Statute section 328.07 subjected it to the Act's rules on forfeiture....
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In re Forfeiture of One 1980 Cessna T 207-A, Serial No. 20700623, 587 So. 2d 553 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 9739, 1991 WL 193331

had no hull numbers, which was violative of section 328.07, Florida Statutes. We held that even though
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Lesende v. State, 258 So. 3d 564 (Fla. 2d DCA 2018).

Published | Florida 2nd District Court of Appeal

...dure 9.141(d) on the question of whether, with respect to count three, the possession of a part of a vessel with a missing or altered serial number, as opposed to a missing or altered vessel or hull identification number, is actually criminalized by section 328.07(4)(b), Florida Statutes (2016)....
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Rafael Lesende v. State of Florida (Fla. 2d DCA 2018).

Published | Florida 2nd District Court of Appeal

...Appellate Procedure 9.141(d) on the question of whether, with respect to count three, the possession of a part of a vessel with a missing or altered serial number, as opposed to a missing or altered vessel or hull identification number, is actually criminalized by section 328.07(4)(b), Florida Statutes (2016). Affirmed. LaROSE, C.J., and KELLY and SALARIO, JJ., Concur. -2-
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In re the Forfeiture of One 31' Seahawk "Cigarette" Vessel, 572 So. 2d 1038 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 404, 1991 WL 4316

...Further, that based on the training and experience of the police officer, there is probable cause to believe that said personal property was used in the commission of or was used as an instrumentality in committing or was used to aid and/or abet and/or facilitate a felony, to wit: Florida Statute 328.07 subpar-agraph 3 (a) and (b) and 4 (a), (b) and (c), wherein said property did contain or have hull identification numbers which were either destroyed, or removed, or altered, or covered, or defaced, or obliterated, or said vessel had hull iden...
...rfeiture of One 1980 53' Hatteras Vessel, 568 So.2d 443 (Fla. 4th DCA 1990), albeit of no precedential value. We hold while such omission is the basis for a seizure something more is required for a forfeiture. During the 1986 legislative session, subsection 328.07(3) was subdivided into parts (a) and (b). Into (a) went the original wording of 328.07(3) and (b) was added. Subsection 328.07(3) now states: (a) No person, firm, association, or corporation shall destroy, remove, alter, cover, or deface the hull identification number or hull serial number, or plate bearing such number, of any vessel....
...n is necessary or the legislative amendment is of no effect whatsoever; and that the 1986 amendment is a response to Cabrera v. Dep’t of Natural Resources, 478 So.2d 454 (Fla. 3d DCA 1985), in which the third district, applying the 1983 version of section 328.07, Florida Statutes, held that the vessel was not subject to forfeiture....
...d not require proof of a collateral crime in order to mandate forfeiture; but an affirmative act of wrongdoing and guilty knowledge had been established, which was sufficient to warrant reversal and remand with direction to order forfeiture. Like subsection 328.07(3), subsection 328.05(3)(c) does not include the word “knowingly”; however, the court reasoned that intent or guilty knowledge was necessary to permit forfeiture....
...For the vessel in the instant case to be subject to forfeiture, the City was required to allege either guilty knowledge or intent. The verified amended complaint does not allege that the owners “knowingly or intentionally concealed” the vessel or misrepresented the identity of the vessel in violation of section 328.07(4)(b), which provides: (b) It is unlawful for any person to knowingly buy, sell, offer for sale, receive, dispose of, conceal, or have in his possession any vessel or part thereof on which the assigned identification number has been al...
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Cochran v. Roscioli Yacht Sales, Inc., 642 So. 2d 1106 (Fla. 4th DCA 1994).

Published | Florida 4th District Court of Appeal | 1994 Fla. App. LEXIS 8537, 1994 WL 467100

...Coast Guard seized the Libra II, a fifty-three foot yacht, en route to the Bahamas because the hull identification number (HIN) on the yacht transom was unreadable. Shortly thereafter, the Sheriff filed a complaint against the Libra II alleging that the unreadable HIN violated section 328.07(3)(b), Florida Statutes (1987) 1 ....
...See also Rule 9.900(h) in conjunction with Rule 9.310, Fla.R.App.P. We have examined the remaining issues raised in the appeal and cross-appeal and find no error. Accordingly, the judgment below is affirmed in part and reversed in part. GUNTHER and KLEIN, JJ., concur. . 328.07 Hull identification number required.— [[Image here]] (3)(b) If any of the hull identification numbers required by subsection (1) do not exist or have been altered, removed, destroyed, covered, or defaced or the real identity of the vessel ca...
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In re Forfeiture of One 1987 Velocity 30' Go-Fast Vessel, 577 So. 2d 678 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 2908, 1991 WL 44993

...Navarro alleged in a complaint for forfeiture that the boat, which is owned by appellee, Victor Dessberg, was used in contravention of the Florida Contraband Forfeiture Act because it lacked a hull identification number in violation of section 328.-07, Fla.Stat. (1989). Section 328.07 provides: (1) No person shall operate on the waters of this state a vessel ......
...to ss. 932.701-932.704 ... The trial court denied the forfeiture, finding that no evidence showed that the boat was used or intended to be used in the commission of a crime nor maintained with the intent to conceal its identity. The court ruled that section 328.07 had to be read in conjunction with the Florida Contraband Forfeiture Act and found that these sections did not allow forfeiture of property belonging to a person who is innocent of any intentional wrongdoing....
...vessel with altered or covered hull numbers. There must be either guilty knowledge or intent alleged. See In re the Forfeiture of One 31' Sea-hawk “Cigarette” Vessel, hull number, not available, 572 So.2d 1038 (Fla. 4th DCA 1991.) Further, when section 328.07 is read in pari materia with section 932.-704 it seems clear that the state must present proof of wrongdoing on the part of the owner of the boat....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.