(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.
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.