Filed Pursuant to Rule 424(b)(3) File No. 333-109142 ---------------------------------------------------------------------------- ODYSSEY MARINE EXPLORATION, INC. SUPPLEMENT NO. 1 DATED DECEMBER 12, 2003 TO PROSPECTUS DATED OCTOBER 6, 2003 Odyssey's common stock is now listed on the American Stock Exchange and is traded under the symbol "OMR." A number of the selling shareholders have transferred shares or warrants to other persons. As a result, the names of some of the selling shareholders and number of shares being offered are updated as set forth below. The numbers of shares offered reflects warrant exercises but does not reflect any sales that may have already been made by selling shareholders pursuant to the prospectus dated October 6, 2003. Ownership Before Offering ---------------------------------- Number of Shares Shares Issuable Currently on Exer- Held to be cise of Shares Selling Shareholder Offered Warrants Offered ------------------- ---------- -------- ------- Community Foundation of Tampa Bay, Inc. 100,000 - 100,000 James L. Ferman, Jr. 360,000 220,000 580,000 Neal J. Fink and Kenneth N. Fink Co-Trustees of Adele S. Fink Trust No. 2 65,000 25,000 90,000 Kagin's, Inc. 90,000 - 90,000 Don Kagin 50,000 - 50,000 Makerel Capital Ltd. 200,000 - 200,000 Bannon Private Equity Fund Ltd. 400,000 200,000 600,000 Equity Trust Company Custodian For Walter C. Copeland IRA 29865 40,000 - 40,000 J. L. Holdings 400,000 - 400,000 Robert R. Bears, Jr. 360,000 100,000 460,000 Robert R. Bears, Sr. 360,000 100,000 460,000 Bleu Ridge Consultants, Inc. 200,000 100,000 300,000 Profit Sharing Plan & Trust Charitable Remainder Trust of Timothy J. Brasel 169,800 69,800 239,600