(1) A certificate of title must contain:

(a) The date the certificate was created;

Terms Used In Florida Statutes 328.04

  • Certificate of title: means a record, created by the department or by a governmental agency of another jurisdiction under the law of that jurisdiction, that is designated as a certificate of title by the department or agency and is evidence of ownership of a vessel. See Florida Statutes 328.0015
  • Department: means the Department of Highway Safety and Motor Vehicles. See Florida Statutes 328.0015
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Hull damaged: means compromised with respect to the integrity of a vessel's hull by a collision, allision, lightning strike, fire, explosion, running aground, or similar occurrence, or the sinking of a vessel in a manner that creates a significant risk to the integrity of the vessel's hull. See Florida Statutes 328.0015
  • Hull identification number: means the alphanumeric designation assigned to a vessel pursuant to 33 C. See Florida Statutes 328.0015
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Owner: means a person who has legal title to a vessel. See Florida Statutes 328.0015
  • Owner of record: means the owner indicated in the files of the department or, if the files indicate more than one owner, the one first indicated. See Florida Statutes 328.0015
  • Person: means an individual, corporation, business trust, estate, trust, statutory trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Florida Statutes 328.0015
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Florida Statutes 328.0015
  • Secured party of record: means the secured party whose name is indicated as the name of the secured party in the files of the department or, if the files indicate more than one secured party, the one first indicated. See Florida Statutes 328.0015
  • Sign: means , with present intent to authenticate or adopt a record, to:
    1. See Florida Statutes 328.0015
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Florida Statutes 328.0015
  • Title brand: means a designation of previous damage, use, or condition that must be indicated on a certificate of title. See Florida Statutes 328.0015
  • Vessel: means a watercraft used or capable of being used as a means of transportation on water, except:
    1. See Florida Statutes 328.0015
  • Written certificate of title: means a certificate of title consisting of information inscribed on a tangible medium. See Florida Statutes 328.0015
(b) The name of the owner of record and, if not all owners are listed, an indication that there are additional owners indicated in the files of the department;
(c) The mailing address of the owner of record;
(d) The hull identification number;
(e) The information listed in s. 328.01(2)(e);
(f) Except as otherwise provided in s. 328.12(2), the name and mailing address of the secured party of record, if any, and if not all secured parties are listed, an indication that there are other security interests indicated in the files of the department; and
(g) All title brands indicated in the files of the department covering the vessel, including brands indicated on a certificate created by a governmental agency of another jurisdiction and delivered to the department.
(2) This part does not preclude the department from noting on a certificate of title the name and mailing address of a secured party that is not a secured party of record.
(3) For each title brand indicated on a certificate of title, the certificate must identify the jurisdiction under whose law the title brand was created or the jurisdiction that created the certificate on which the title brand was indicated. If the meaning of a title brand is not easily ascertainable or cannot be accommodated on the certificate, the certificate may state: “Previously branded in   (insert the jurisdiction under whose law the title brand was created or whose certificate of title previously indicated the title brand)  .”
(4) If the files of the department indicate that a vessel was previously registered or titled in a foreign country, the department shall indicate on the certificate of title that the vessel was registered or titled in that country.
(5) A written certificate of title must contain a form that all owners indicated on the certificate may sign to evidence consent to a transfer of an ownership interest to another person. The form must include a certification, signed under penalty of perjury, that the statements made are true and correct to the best of each owner’s knowledge, information, and belief.
(6) A written certificate of title must contain a form for the owner of record to indicate, in connection with a transfer of an ownership interest, that the vessel is hull damaged.
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