Fla. Stat. 328.045
Title brands


(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:Deliver to the department an application for a new certificate that complies with s. 328.01 and includes the title brand designation “Hull Damaged”; orIndicate on the certificate in the place designated for that purpose that the vessel is hull damaged and deliver the certificate to the transferee.

(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.

Source: Section 328.045 — Title brands, https://www.­flsenate.­gov/Laws/Statutes/2024/0328.­045 (accessed Aug. 7, 2025).

328.01
Application for certificate of title
328.001
Short title
328.02
Law governing vessel covered by certificate of title
328.03
Certificate of title required
328.04
Content of certificate of title
328.05
Crimes relating to certificates of title to, or other indicia of ownership of, vessels
328.06
Action required on creation of certificate of title
328.07
Hull identification number required
328.09
Refusal to issue and authority to cancel a certificate of title
328.11
Duplicate certificate of title
328.12
Perfection of security interest
328.13
Manufacturer’s statement of origin to be furnished
328.14
Rights of purchaser other than secured party
328.15
Notice of lien and satisfaction of lien on vessel
328.015
Duties and operation of the department
328.0015
Definitions
328.16
Issuance in duplicate
328.17
Nonjudicial sale of vessels
328.18
Power to conduct investigations
328.19
Penalty
328.20
Disposition of fees
328.21
Transfer without delivery of certificate
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
328.35
Rulemaking
328.37
Validity of rights, duties, and interests flowing from law prior to ch. 2019-76
328.38
Applicability
328.045
Title brands
328.055
Maintenance of and access to files
328.065
Effect of possession of certificate of title
328.101
Effect of missing or incorrect information
328.125
Termination statement
328.145
Rights of secured party
328.165
Cancellation of certificates
328.195
Legislative intent
328.215
Application for transfer of ownership or termination of security interest without certificate of title

Current through Fall 2025

§ 328.045. Title brands's source at flsenate​.gov