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The Florida Senate

2024 Florida Statutes

Title XXIV VESSELS
Chapter 328 VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION Entire Chapter
SECTION 01
Application for certificate of title.
F.S. 328.01
328.01 Application for certificate of title.—
(1) The owner of a vessel which is required to be titled shall apply to the county tax collector for a certificate of title. Except as otherwise provided in ss. 328.045, 328.11, 328.12, 328.215, 328.23, and 328.24, only an owner may apply for a certificate of title.
(2) An application for a certificate of title must be signed by the applicant and contain:
(a) The applicant’s name, the street address of the applicant’s principal residence, and, if different, the applicant’s mailing address;
(b) The name and mailing address of each other owner of the vessel;
(c) The hull identification number for the vessel or, if none, an application for the issuance of a hull identification number for the vessel;
(d) The vessel number for the vessel or, if none issued by the department, an application for a vessel number;
(e) A description of the vessel as required by the department, which must include:
1. The official number for the vessel, if any, assigned by the United States Coast Guard;
2. The name of the manufacturer, builder, or maker;
3. The model year or the year in which the manufacture or build of the vessel was completed;
4. The overall length of the vessel;
5. The vessel type;
6. The hull material;
7. The propulsion type;
8. The engine drive type, if any; and
9. The fuel type, if any;
(f) An indication of all security interests in the vessel known to the applicant and the name and mailing address of each secured party;
(g) A statement that the vessel is not a documented vessel or a foreign-documented vessel;
(h) Any title brand known to the applicant and, if known, the jurisdiction under whose law the title brand was created;
(i) If the applicant knows that the vessel is hull damaged, a statement that the vessel is hull damaged;
(j) If the application is made in connection with a transfer of ownership, the transferor’s name, street address, and, if different, mailing address, the sales price, if any, and the date of the transfer; and
(k) If the vessel was previously registered or titled in another jurisdiction, a statement identifying each jurisdiction known to the applicant in which the vessel was registered or titled.
(3) In addition to the information required by subsection (2), an application for a certificate of title may contain an electronic communication address of the owner, transferor, or secured party.
(4) Except as otherwise provided in s. 328.11, s. 328.215, s. 328.23, or s. 328.24, an application for a certificate of title must be accompanied by:
(a) A certificate of title signed by the owner shown on the certificate and which:
1. Identifies the applicant as the owner of the vessel; or
2. Is accompanied by a record that identifies the applicant as the owner; or
(b) If there is no certificate of title:
1. If the vessel was a documented vessel, a record issued by the United States Coast Guard which shows the vessel is no longer a documented vessel and identifies the applicant as the owner;
2. If the vessel was a foreign-documented vessel, a record issued by the foreign country which shows the vessel is no longer a foreign-documented vessel and identifies the applicant as the owner; or
3. In all other cases, a certificate of origin, bill of sale, or other record that to the satisfaction of the department identifies the applicant as the owner.
(5) A record submitted in connection with an application is part of the application. The department shall maintain the record in its files.
(6) The department may require that an application for a certificate of title be accompanied by payment or evidence of payment of all fees and taxes payable by the applicant under the laws of this state other than this part in connection with the application or the acquisition or use of the vessel.
(7)(a) The application shall be signed by the owner and shall be accompanied by personal or business identification and the prescribed fee. An individual applicant must provide a valid driver license or identification card issued by this state or another state or a valid passport. A business applicant must provide a federal employer identification number, if applicable, verification that the business is authorized to conduct business in the state, or a Florida city or county business license or number.
(b) The owner of an undocumented vessel that is exempt from titling may apply to the county tax collector for a certificate of title by filing an application accompanied by the prescribed fee.
(c) In making application for transfer of title from a deceased titled owner, the new owner or surviving co-owner shall establish proof of ownership by submitting with the application the original certificate of title and the decedent’s probated last will and testament or letters of administration appointing the personal representative of the decedent. In lieu of a probated last will and testament or letters of administration, a copy of the decedent’s death certificate, a copy of the decedent’s last will and testament, and an affidavit by the decedent’s surviving spouse or heirs affirming rights of ownership may be accepted by the department. If the decedent died intestate, a court order awarding the ownership of the vessel or an affidavit by the decedent’s surviving spouse or heirs establishing or releasing all rights of ownership and a copy of the decedent’s death certificate shall be submitted to the department. If the new owner or surviving co-owner does not present a copy of the death certificate, the department or its agent may verify the necessary information through the electronic file of death records maintained by the Department of Health.
(d) An owner or co-owner who has made a bona fide sale or transfer of a vessel and has delivered possession thereof to a purchaser shall not, by reason of any of the provisions of this chapter, be considered the owner or co-owner of the vessel so as to be subject to civil liability for the operation of the vessel thereafter by another if the owner or co-owner has fulfilled either of the following requirements:
1. The owner or co-owner has delivered to the department, or has placed in the United States mail, addressed to the department, either the certificate of title, properly endorsed, or a notice in the form prescribed by the department; or
2. The owner or co-owner has made proper endorsement and delivery of the certificate of title as provided by this chapter. As used in this subparagraph, the term “proper endorsement” means:
a. The signature of one co-owner if the vessel is held in joint tenancy, signified by the vessel’s being registered in the names of two or more persons as co-owners in the alternative by the use of the word “or.” In a joint tenancy, each co-owner is considered to have granted to each of the other co-owners the absolute right to dispose of the title and interest in the vessel, and, upon the death of a co-owner, the interest of the decedent in the jointly held vessel passes to the surviving co-owner or co-owners. This sub-subparagraph is applicable even if the co-owners are husband and wife; or
b. The signatures of every co-owner or of the respective personal representatives of the co-owners if the vessel is registered in the names of two or more persons as co-owners in the conjunctive by the use of the word “and.”

The department shall adopt suitable language that must appear upon the certificate of title to effectuate the manner in which the interest in or title to the vessel is held.

(8) If the owner cannot furnish the department with all the required ownership documentation, the department may, at its discretion, issue a title conditioned on the owner’s agreement to indemnify the department and its agents and defend the title against all claims or actions arising out of such issuance.
(9)(a) An application for an initial title or a title transfer shall include payment of the applicable state sales tax or proof of payment of such tax.
(b) An application for a title transfer between individuals, which transfer is not exempt from the payment of sales tax, shall include payment of the appropriate sales tax payable on the selling price for the complete vessel rig, which includes the vessel and its motor, trailer, and accessories, if any. If the applicant submits with his or her application an itemized, properly executed bill of sale which separately describes and itemizes the prices paid for each component of the rig, only the vessel and trailer will be subject to the sales tax.
(10) The department shall prescribe and provide suitable forms for applications, certificates of title, notices of security interests, and other notices and forms necessary to carry out the provisions of this chapter.
History.—s. 4, ch. 67-586; ss. 25, 35, ch. 69-106; s. 11, ch. 74-327; s. 4, ch. 80-266; s. 12, ch. 81-100; s. 11, ch. 84-184; s. 12, ch. 85-81; s. 159, ch. 94-356; s. 956, ch. 95-148; s. 57, ch. 95-333; s. 61, ch. 96-413; s. 37, ch. 99-245; s. 58, ch. 99-248; s. 70, ch. 2013-160; s. 6, ch. 2019-66; s. 3, ch. 2019-76.
Note.—Former s. 371.75.