(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 time of the transfer, the owner shall:
(a) Deliver to the department an application for a new certificate that complies with s. 328.01 and includes the title brand designation “Hull Damaged”; or
(b) Indicate on the certificate in the place designated for that purpose that the vessel is hull damaged and deliver the certificate to the transferee.
(2) Not later than 30 days after delivery of the application under paragraph (1)(a) or the certificate of title under paragraph (1)(b), the department shall create a new certificate that indicates that the vessel is branded “Hull Damaged.”
(3) Before an insurer transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title created by the department, the insurer shall deliver to the department an application for a new certificate that complies with s. 328.01 and includes the title brand designation “Hull Damaged.” Not later than 30 days after delivery of the application to the department, the department shall create a new certificate that indicates that the vessel is branded “Hull Damaged.”
(4) An owner of record who fails to comply with subsection (1), a person who solicits or colludes in a failure by an owner of record to comply with subsection (1), or an insurer that fails to comply with subsection (3) commits a noncriminal infraction under s. 327.73(1) for which the penalty is $5,000 for the first offense, $15,000 for a second offense, and $25,000 for each subsequent offense.
History.—s. 8, ch. 2019-76.
1Note.—Effective July 1, 2023.
Structure Florida Statutes
Chapter 328 - Vessels: Title Certificates; Liens; Registration
Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)
328.01 - Application for certificate of title.
328.015 - Duties and operation of the department.
328.02 - Law governing vessel covered by certificate of title.
328.03 - Certificate of title required.
328.04 - Content of certificate of title.
328.055 - Maintenance of and access to files.
328.06 - Action required on creation of certificate of title.
328.065 - Effect of possession of certificate of title; judicial process.
328.07 - Hull identification number required.
328.09 - Refusal to issue and authority to cancel a certificate of title or registration.
328.101 - Effect of missing or incorrect information.
328.11 - Duplicate certificate of title.
328.12 - Perfection of security interest.
328.125 - Termination statement.
328.13 - Manufacturer’s statement of origin to be furnished.
328.14 - Rights of purchaser other than secured party.
328.145 - Rights of secured party.
328.15 - Notice of lien on vessel; recording.
328.16 - Issuance in duplicate; delivery; liens and encumbrances.
328.165 - Cancellation of certificates.
328.17 - Nonjudicial sale of vessels.
328.18 - Power to conduct investigations.
328.22 - Transfer of ownership.
328.23 - Transfer of ownership by secured party’s transfer statement.
328.24 - Transfer by operation of law.
328.25 - Supplemental principles of law and equity.
328.30 - Transactions by electronic or telephonic means.
328.37 - Validity of rights, duties, and interests flowing from law prior to ch. 2019-76.