Florida Boat bill of sale for private sale

Florida Boat Private Sale: The Complete Transfer Guide

Florida accounts for more private boat sales than any other U.S. state. With over 900,000 registered vessels, more miles of navigable waterway than any other contiguous state, and a year-round boating season that draws snowbird buyers from October through April, Florida's marine marketplace is unlike any other. That density creates both opportunity and complexity. A Florida boat private sale involves two overlapping legal systems — Florida's state vessel title framework and, for vessels over 27 feet or those documented for commercial use, the federal Coast Guard documentation system — and shortcuts in either layer can leave a buyer holding an unmarketable vessel. Understanding Florida Marine Title vs. Coast Guard Documentation Florida issues state vessel titles through the DHSMV for all motorized boats used on state waters. The transfer form is HSMV 87015 (Florida Vessel Application), filed at the county tax collector's office in the county where the transaction occurs. The title identifies the vessel by its Hull Identification Number (HIN), the owner of record, and any recorded liens. Coast Guard documentation is a separate, parallel federal system under 46 USC § 12101 and 46 CFR Part 67. A vessel does not have to be documented — but vessels over 27 feet are eligible, and vessels used in commerce (charter, dive ops, fishing for hire) often are. A documented vessel has a USCG-issued Certificate of Documentation in lieu of a state title, but it may also carry a state registration for in-state operation. The critical rule: a vessel cannot hold both a Florida state title and active USCG documentation simultaneously. If the vessel you are buying is currently documented, the seller must obtain a Certificate of Deletion from the USCG National Vessel Documentation Center (NVDC) — Form CG-1258 — before Florida will issue a state title to the buyer. Failure to handle this sequencing is one of the most common closing delays in Florida marine transactions. The $18,000 Florida Boat Sales Tax Cap Florida imposes a 6% sales tax on vessel sales, but state law caps the total tax liability at $18,000 per transaction under FL Stat. § 212.05(1)(a)1.b. This cap applies regardless of the vessel's sale price — a $400,000 center console and a $1,500,000 sportfish both pay the same maximum tax. To claim the cap, the buyer files Form DR-41E (Partial Exemption from Sales Tax on Vessels) at the county tax collector's office at the time of transfer. The cap takes effect on vessels sold for approximately $300,000 and above (6% × $300,000 = $18,000). This is a meaningful selling point for high-value vessels and one reason Florida attracts out-of-state buyers for premium boat transactions. Out-of-state buyers who will register the vessel in their home state are exempt from Florida sales tax entirely — they file Form HSMV 82994 (Tax Exemption for Resident of Another State) instead. Their home state use tax applies at registration. Marina Lien Due Diligence Florida Stat. § 328.17 grants marinas and boatyards an automatic statutory lien for unpaid slip fees, storage charges, and repair bills. Unlike UCC liens, a marina lien does not have to be recorded to be enforceable during the period the vessel is in the marina's possession. A buyer who closes on a vessel stored at a marina with outstanding fees can inherit a lien that clouds the title. Before signing, contact the marina in writing and request a written statement that no outstanding charges exist. If the marina confirms charges are owed, require the seller to settle them before or at closing. The marina's written lien waiver should be retained with the closing documents. Post-Hurricane Ian: Flood and Storm Damage Disclosure Hurricane Ian (September 2022) caused catastrophic marine damage across Southwest Florida. Florida subsequently enhanced its title branding requirements for flood-damaged vessels — a vessel that was an insurance total loss due to flooding or storm surge now carries a "rebuilt vessel" brand visible on the DHSMV title. Florida Stat. § 328.0015 requires sellers to disclose flood damage in writing regardless of whether the vessel was a declared total loss or whether it was repaired privately without insurance involvement. Non-disclosure is a third-degree felony under FL Stat. § 319.33. Buyers should inspect the engine compartment, electrical panels, bilge, and any enclosed lockers for signs of salt-water or fresh-water intrusion: rust patterns inconsistent with normal wear, corrosion on terminal blocks above the normal waterline, mineral deposits on wiring harnesses, or mud residue in low-profile recesses. The boat's maintenance logs should reflect the period following Ian (September–December 2022) with either a clean record or explicit documentation of any repairs performed. For diesel-powered vessels, a recent oil analysis report can surface metal contamination consistent with water intrusion. Notarization for Marine Title Transfers Florida does not require notarization for automobile bills of sale but recommends it for marine title transfers. Florida Stat. § 328.46 provides that a notarized bill of sale creates a presumption of good faith transfer enforceable against third-party lienholders. For any vessel over $25,000, notarizing both the bill of sale and the title assignment adds a meaningful layer of evidentiary protection. Mobile marine notary services operate throughout the coastal counties (Miami-Dade, Broward, Palm Beach, Lee, Collier, Pinellas, Sarasota) and average $40–75 per closing. Step-by-Step Florida Boat Transfer Checklist 1. Order DHSMV Abstract of Title ($2.50 at flhsmv.gov) — confirm seller of record and all recorded liens. 2. For documented vessels: search the USCG NVDC at uscg.mil for current documentation status and any recorded mortgages. 3. If documented: seller obtains USCG Certificate of Deletion (Form CG-1258) before closing. 4. Verify Hull Identification Number (HIN) on the vessel physically matches the DHSMV title and any USCG certificate. 5. Obtain marina lien waiver in writing if the vessel is at a commercial facility. 6. Complete flood/storm disclosure paragraph in the bill of sale (FL Stat. § 328.0015 / § 319.14). 7. Notarize bill of sale and title assignment. 8. Complete HSMV 87015 (Florida Vessel Application) — file at county tax collector. 9. Buyer files Form DR-41E for the $18,000 sales tax cap (if applicable) or HSMV 82994 for out-of-state registration. 10. Seller files HSMV 82050 (Notice of Sale) within 30 days. Boat Sales in Neighboring States If you are considering a similar private boat transaction in a neighboring state, the regulatory frameworks differ meaningfully. Georgia requires vessel registration but does not impose a sales tax on private-party boat sales, making it attractive for buyers who want to avoid tax entirely — see the Georgia boat private sale guide. Texas has no state income tax and a $10,000 sales tax cap on boat transactions (Texas Tax Code § 160.02), and its Gulf Coast marina network rivals Florida's — see the Texas boat private sale guide. South Carolina caps boat sales tax at $500 regardless of price (SC Code § 12-36-2120), the lowest cap in the Southeast — see the South Carolina boat private sale guide.

Source: FL Stat. § 328.46, § 328.17, § 328.0015, § 212.05(1)(a)1.b; 46 USC § 12101; 46 CFR Part 67; HSMV 87015; Form DR-41E