Bill Amendment: FL S0676 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Certificates of Title for Vessels
Status: 2019-04-30 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 475 (Ch. 2019-76) [S0676 Detail]
Download: Florida-2019-S0676-Senate_Committee_Amendment_383990.html
Bill Title: Certificates of Title for Vessels
Status: 2019-04-30 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 475 (Ch. 2019-76) [S0676 Detail]
Download: Florida-2019-S0676-Senate_Committee_Amendment_383990.html
Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 676 Ì383990BÎ383990 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Infrastructure and Security (Hooper) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 328.001, Florida Statutes, is created to 6 read: 7 328.001 Short title.—This part may be cited as the “Uniform 8 Certificate of Title for Vessels Act.” 9 Section 2. Section 328.0015, Florida Statutes, is created 10 to read: 11 328.0015 Definitions.— 12 (1) As used in this part, the term: 13 (a) “Barge” means a vessel that is not self-propelled or 14 fitted for propulsion by sail, paddle, oar, or a similar device. 15 (b) “Builder’s certificate” means a certificate of the 16 facts of build of a vessel described in 46 C.F.R. s. 67.99. 17 (c) “Buyer” means a person who buys or contracts to buy a 18 vessel. 19 (d) “Cancel,” with respect to a certificate of title, means 20 to make the certificate ineffective. 21 (e) “Certificate of origin” means a record created by a 22 manufacturer or an importer as the manufacturer’s or importer’s 23 proof of identity of a vessel. The term includes a 24 manufacturer’s certificate or statement of origin and an 25 importer’s certificate or statement of origin. The term does not 26 include a builder’s certificate. 27 (f) “Certificate of title” means a record, created by the 28 department or by a governmental agency of another jurisdiction 29 under the law of that jurisdiction, that is designated as a 30 certificate of title by the department or agency and is evidence 31 of ownership of a vessel. 32 (g) “Dealer” means a person, including a manufacturer, in 33 the business of selling vessels. 34 (h) “Department” means the Department of Highway Safety and 35 Motor Vehicles. 36 (i) “Documented vessel” means a vessel covered by a 37 certificate of documentation issued pursuant to 46 U.S.C. s. 38 12105. The term does not include a foreign-documented vessel. 39 (j) “Electronic” means relating to technology having 40 electrical, digital, magnetic, wireless, optical, 41 electromagnetic, or similar capabilities. 42 (k) “Electronic certificate of title” means a certificate 43 of title consisting of information that is stored solely in an 44 electronic medium and is retrievable in perceivable form. 45 (l) “Foreign-documented vessel” means a vessel the 46 ownership of which is recorded in a registry maintained by a 47 country other than the United States which identifies each 48 person who has an ownership interest in the vessel and includes 49 a unique alphanumeric designation for the vessel. 50 (m) “Good faith” means honesty in fact and the observance 51 of reasonable commercial standards of fair dealing. 52 (n) “Hull damaged” means compromised with respect to the 53 integrity of a vessel’s hull by a collision, allision, lightning 54 strike, fire, explosion, running aground, or similar occurrence, 55 or the sinking of a vessel in a manner that creates a 56 significant risk to the integrity of the vessel’s hull. 57 (o) “Hull identification number” means the alphanumeric 58 designation assigned to a vessel pursuant to 33 C.F.R. part 181. 59 (p) “Lien creditor,” with respect to a vessel, means: 60 1. A creditor that has acquired a lien on the vessel by 61 attachment, levy, or the like; 62 2. An assignee for benefit of creditors from the time of 63 assignment; 64 3. A trustee in bankruptcy from the date of the filing of 65 the petition; or 66 4. A receiver in equity from the time of appointment. 67 (q) “Owner” means a person who has legal title to a vessel. 68 (r) “Owner of record” means the owner indicated in the 69 files of the department or, if the files indicate more than one 70 owner, the one first indicated. 71 (s) “Person” means an individual, a corporation, a business 72 trust, an estate, a trust, a statutory trust, a partnership, a 73 limited liability company, an association, a joint venture, a 74 public corporation, a government or governmental subdivision, an 75 agency, an instrumentality, or any other legal or commercial 76 entity. 77 (t) “Purchase” means to take by sale, lease, mortgage, 78 pledge, consensual lien, security interest, gift, or any other 79 voluntary transaction that creates an interest in a vessel. 80 (u) “Purchaser” means a person who takes by purchase. 81 (v) “Record” means information that is inscribed on a 82 tangible medium or that is stored in an electronic or other 83 medium and is retrievable in perceivable form. 84 (w) “Secured party,” with respect to a vessel, means a 85 person: 86 1. In whose favor a security interest is created or 87 provided for under a security agreement, regardless of whether 88 any obligation to be secured is outstanding; 89 2. Who is a consignor as defined under chapter 679; or 90 3. Who holds a security interest arising under s. 672.401, 91 s. 672.505, s. 672.711(3), or s. 680.508(5). 92 (x) “Secured party of record” means the secured party whose 93 name is indicated as the name of the secured party in the files 94 of the department or, if the files indicate more than one 95 secured party, the one first indicated. 96 (y) “Security interest” means an interest in a vessel which 97 secures payment or performance of an obligation if the interest 98 is created by contract or arises under s. 672.401, s. 672.505, 99 s. 672.711(3), or s. 680.508(5). The term includes any interest 100 of a consignor in a vessel in a transaction that is subject to 101 chapter 679. The term does not include the special property 102 interest of a buyer of a vessel on identification of that vessel 103 to a contract for sale under s. 672.501, but a buyer also may 104 acquire a security interest by complying with chapter 679. 105 Except as otherwise provided in s. 672.505, the right of a 106 seller or lessor of a vessel under chapter 672 or chapter 680 to 107 retain or acquire possession of the vessel is not a security 108 interest, but a seller or lessor also may acquire a security 109 interest by complying with chapter 679. The retention or 110 reservation of title by a seller of a vessel notwithstanding 111 shipment or delivery to the buyer under s. 672.401 is limited in 112 effect to a reservation of a security interest. Whether a 113 transaction in the form of a lease creates a security interest 114 is determined as provided in part II of chapter 671. 115 (z) “Sign” means, with present intent to authenticate or 116 adopt a record, to: 117 1. Make or adopt a tangible symbol; or 118 2. Attach to or logically associate with the record an 119 electronic symbol, sound, or process. 120 (aa) “State” means a state of the United States, the 121 District of Columbia, Puerto Rico, the United States Virgin 122 Islands, or any territory or insular possession subject to the 123 jurisdiction of the United States. 124 (bb) “State of principal use” means the state on the waters 125 of which a vessel is or will be used, operated, navigated, or 126 employed more than on the waters of any other state during a 127 calendar year. 128 (cc) “Title brand” means a designation of previous damage, 129 use, or condition that must be indicated on a certificate of 130 title. 131 (dd) “Transfer of ownership” means a voluntary or 132 involuntary conveyance of an interest in a vessel. 133 (ee) “Vessel” means a watercraft used or capable of being 134 used as a means of transportation on water, except: 135 1. A seaplane; 136 2. An amphibious vehicle for which a certificate of title 137 is issued pursuant to chapter 319 or a similar statute of 138 another state; 139 3. A watercraft less than 16 feet in length and propelled 140 solely by sail, paddle, oar, or an engine of less than 10 141 horsepower; 142 4. A watercraft that operates only on a permanently fixed, 143 manufactured course and the movement of which is restricted to 144 or guided by means of a mechanical device to which the 145 watercraft is attached or by which the watercraft is controlled; 146 5. A stationary floating structure that: 147 a. Does not have and is not designed to have a mode of 148 propulsion of its own; 149 b. Is dependent for utilities upon a continuous utility 150 hookup to a source originating on shore; and 151 c. Has a permanent, continuous hookup to a shoreside sewage 152 system; 153 6. Watercraft owned by the United States, a state, or a 154 foreign government or a political subdivision of any of them; 155 and 156 7. A watercraft used solely as a lifeboat on another 157 watercraft. 158 (ff) “Vessel number” means the alphanumeric designation for 159 a vessel issued pursuant to 46 U.S.C. s. 12301. 160 (gg) “Written certificate of title” means a certificate of 161 title consisting of information inscribed on a tangible medium. 162 (2) The following definitions and terms also apply to this 163 part: 164 (a) “Agreement” as defined in s. 671.201(3). 165 (b) “Buyer in ordinary course of business” as defined in s. 166 671.201(9). 167 (c) “Conspicuous” as defined in s. 671.201(10). 168 (d) “Consumer goods” as defined in s. 679.1021(1)(w). 169 (e) “Debtor” as defined in s. 679.1021(1)(bb). 170 (f) “Knowledge” as defined in s. 671.209. 171 (g) “Lease” as defined in s. 680.1031(1)(j). 172 (h) “Lessor” as defined in 680.1031(1)(p). 173 (i) “Notice” as defined s. 671.209. 174 (j) “Representative” as defined in s. 671.201(36). 175 (k) “Sale” as defined in s. 672.106(1). 176 (l) “Security agreement” as defined in s. 679.1021(1)(uuu). 177 (m) “Seller” as defined in s. 672.103(1)(d). 178 (n) “Send” as defined in s. 671.201(39). 179 (o) “Value” as defined in s. 671.211. 180 Section 3. Section 328.01, Florida Statutes, is amended to 181 read: 182 328.01 Application for certificate of title.— 183 (1)(a)The owner of a vessel which is required to be titled 184 shall apply to the county tax collector for a certificate of 185 title. Except as otherwise provided in ss. 328.045, 328.11, 186 328.12, 328.215, 328.23, and 328.24, only an owner may apply for 187 a certificate of title. 188 (2) An application for a certificate of title must be 189 signed by the applicant and contain: 190 (a) The applicant’s name, the street address of the 191 applicant’s principal residence, and, if different, the 192 applicant’s mailing address; 193 (b) The name and mailing address of each other owner of the 194 vessel; 195 (c) The hull identification number for the vessel or, if 196 none, an application for the issuance of a hull identification 197 number for the vessel; 198 (d) The vessel number for the vessel or, if none is issued 199 by the department, an application for a vessel number; 200 (e) A description of the vessel as required by the 201 department, which must include: 202 1. The official number for the vessel, if any, assigned by 203 the United States Coast Guard; 204 2. The name of the manufacturer, builder, or maker; 205 3. The model year or the year in which the manufacture or 206 build of the vessel was completed; 207 4. The overall length of the vessel; 208 5. The vessel type; 209 6. The hull material; 210 7. The propulsion type; 211 8. The engine drive type, if any; and 212 9. The fuel type, if any; 213 (f) An indication of all security interests in the vessel 214 known to the applicant and the name and mailing address of each 215 secured party; 216 (g) A statement that the vessel is not a documented vessel 217 or a foreign-documented vessel; 218 (h) Any title brand known to the applicant and, if known, 219 the jurisdiction under whose law the title brand was created; 220 (i) If the applicant knows that the vessel is hull damaged, 221 a statement that the vessel is hull damaged; 222 (j) If the application is made in connection with a 223 transfer of ownership, the transferor’s name, street address, 224 and, if different, mailing address, the sales price, if any, and 225 the date of the transfer; and 226 (k) If the vessel was previously registered or titled in 227 another jurisdiction, a statement identifying each jurisdiction 228 known to the applicant in which the vessel was registered or 229 titled. 230 (3) In addition to the information required by subsection 231 (2), an application for a certificate of title may contain an 232 electronic address of the owner, transferor, or secured party. 233 (4) Except as otherwise provided in s. 328.11, s. 328.215, 234 s. 328.23, or s. 328.24, an application for a certificate of 235 title must be accompanied by: 236 (a) A certificate of title signed by the owner shown on the 237 certificate and which: 238 1. Identifies the applicant as the owner of the vessel; or 239 2. Is accompanied by a record that identifies the applicant 240 as the owner; or 241 (b) If there is no certificate of title: 242 1. If the vessel was a documented vessel, a record issued 243 by the United States Coast Guard which shows the vessel is no 244 longer a documented vessel and identifies the applicant as the 245 owner; 246 2. If the vessel was a foreign-documented vessel, a record 247 issued by the foreign country which shows the vessel is no 248 longer a foreign-documented vessel and identifies the applicant 249 as the owner; or 250 3. In all other cases, a certificate of origin, bill of 251 sale, or other record that to the satisfaction of the department 252 identifies the applicant as the owner. 253 (5) A record submitted in connection with an application is 254 part of the application. The department shall maintain the 255 record in its files. 256 (6) The department may require that an application for a 257 certificate of title be accompanied by payment or evidence of 258 payment of all fees and taxes payable by the applicant under the 259 laws of this state, other than this part, in connection with the 260 application or the acquisition or use of the vesselThe261application shall include the true name of the owner, the262residence or business address of the owner, and the complete263description of the vessel, including the hull identification264number, except that an application for a certificate of title265for a homemade vessel shall state all the foregoing information266except the hull identification number. 267 (7)(a) The application shall be signed by the owner and 268 shall be accompanied by personal or business identification and 269 the prescribed fee. An individual applicant must provide a valid 270 driver license or identification card issued by this state or 271 another state or a valid passport. A business applicant must 272 provide a federal employer identification number, if applicable, 273 verification that the business is authorized to conduct business 274 in the state, or a Florida city or county business license or 275 number. 276 (b) The owner of an undocumented vessel that is exempt from 277 titling may apply to the county tax collector for a certificate 278 of title by filing an application accompanied by the prescribed 279 fee. 280(2)(a)The owner of a manufactured vessel that was281initially sold in this state for which vessel an application for282an initial title is made shall establish proof of ownership by283submitting with the application the original copy of the284manufacturer’s statement of origin for that vessel.285(b)The owner of a manufactured vessel that was initially286sold in another state or country for which vessel an application287for an initial title is made shall establish proof of ownership288by submitting with the application:2891.The original copy of the manufacturer’s statement of290origin if the vessel was initially sold or manufactured in a291state or country requiring the issuance of such a statement or292the original copy of the executed bill of sale if the vessel was293initially sold or manufactured in a state or country not294requiring the issuance of a manufacturer’s statement of origin;295and2962.The most recent certificate of registration for the297vessel, if such a certificate was issued.298(c)In making application for an initial title, the owner299of a homemade vessel shall establish proof of ownership by300submitting with the application:3011.A notarized statement of the builder or its equivalent,302whichever is acceptable to the Department of Highway Safety and303Motor Vehicles, if the vessel is less than 16 feet in length; or3042.A certificate of inspection from the Fish and Wildlife305Conservation Commission and a notarized statement of the builder306or its equivalent, whichever is acceptable to the Department of307Highway Safety and Motor Vehicles, if the vessel is 16 feet or308more in length.309(d)The owner of a nontitled vessel registered or310previously registered in another state or country for which an311application for title is made in this state shall establish312proof of ownership by surrendering, with the submission of the313application, the original copy of the most current certificate314of registration issued by the other state or country.315(e)The owner of a vessel titled in another state or316country for which an application for title is made in this state317shall not be issued a title unless and until all existing titles318to the vessel are surrendered to the Department of Highway319Safety and Motor Vehicles. The department shall retain the320evidence of title which is presented by the applicant and on the321basis of which the certificate of title is issued. The322department shall use reasonable diligence in ascertaining323whether the facts in the application are true; and, if satisfied324that the applicant is the owner of the vessel and that the325application is in the proper form, the department shall issue a326certificate of title.327(f)In making application for the titling of a vessel328previously documented by the Federal Government, the current329owner shall establish proof of ownership by submitting with the330application a copy of the canceled documentation papers or a331properly executed release-from-documentation certificate332provided by the United States Coast Guard. In the event such333documentation papers or certification are in the name of a334person other than the current owner, the current owner shall335provide the original copy of all subsequently executed bills of336sale applicable to the vessel.337(3)(a)In making application for a title upon transfer of338ownership of a vessel, the new owner shall surrender to the339Department of Highway Safety and Motor Vehicles the last title340document issued for that vessel. The document shall be properly341executed. Proper execution includes, but is not limited to, the342previous owner’s signature and certification that the vessel to343be transferred is debt-free or is subject to a lien. If a lien344exists, the previous owner shall furnish the new owner, on forms345supplied by the Department of Highway Safety and Motor Vehicles,346the names and addresses of all lienholders and the dates of all347liens, together with a statement from each lienholder that the348lienholder has knowledge of and consents to the transfer of349title to the new owner.350(b)If the application for transfer of title is based upon351a contractual default, the recorded lienholder shall establish352proof of right to ownership by submitting with the application353the original certificate of title and a copy of the applicable354contract upon which the claim of ownership is made. If the claim355is based upon a court order or judgment, a copy of such document356shall accompany the application for transfer of title. If, on357the basis of departmental records, there appears to be any other358lien on the vessel, the certificate of title must contain a359statement of such a lien, unless the application for a360certificate of title is either accompanied by proper evidence of361the satisfaction or extinction of the lien or contains a362statement certifying that any lienholder named on the last363issued certificate of title has been sent notice by certified364mail, at least 5 days before the application was filed, of the365applicant’s intention to seek a repossessed title. If such366notice is given and no written protest to the department is367presented by a subsequent lienholder within 15 days after the368date on which the notice was mailed, the certificate of title369shall be issued showing no liens. If the former owner or any370subsequent lienholder files a written protest under oath within371the 15-day period, the department shall not issue the372repossessed certificate for 10 days thereafter. If, within the37310-day period, no injunction or other order of a court of374competent jurisdiction has been served on the department375commanding it not to deliver the certificate, the department376shall deliver the repossessed certificate to the applicant, or377as is otherwise directed in the application, showing no other378liens than those shown in the application.379(c)In making application for transfer of title from a380deceased titled owner, the new owner or surviving coowner shall381establish proof of ownership by submitting with the application382the original certificate of title and the decedent’s probated383last will and testament or letters of administration appointing384the personal representative of the decedent. In lieu of a385probated last will and testament or letters of administration, a386copy of the decedent’s death certificate, a copy of the387decedent’s last will and testament, and an affidavit by the388decedent’s surviving spouse or heirs affirming rights of389ownership may be accepted by the department. If the decedent390died intestate, a court order awarding the ownership of the391vessel or an affidavit by the decedent’s surviving spouse or392heirs establishing or releasing all rights of ownership and a393copy of the decedent’s death certificate shall be submitted to394the department.395 (c)(d)An owner or coowner who has made a bona fide sale or 396 transfer of a vessel and has delivered possession thereof to a 397 purchaser shall not, by reason of any of the provisions of this 398 chapter, be considered the owner or coowner of the vessel so as 399 to be subject to civil liability for the operation of the vessel 400 thereafter by another if the owner or coowner has fulfilled 401 either of the following requirements: 402 1. The owner or coowner has delivered to the department, or 403 has placed in the United States mail, addressed to the 404 department, either the certificate of title, properly endorsed, 405 or a notice in the form prescribed by the department; or 406 2. The owner or coowner has made proper endorsement and 407 delivery of the certificate of title as provided by this 408 chapter. As used in this subparagraph, the term “proper 409 endorsement” means: 410 a. The signature of one coowner if the vessel is held in 411 joint tenancy, signified by the vessel’s being registered in the 412 names of two or more persons as coowners in the alternative by 413 the use of the word “or.” In a joint tenancy, each coowner is 414 considered to have granted to each of the other coowners the 415 absolute right to dispose of the title and interest in the 416 vessel, and, upon the death of a coowner, the interest of the 417 decedent in the jointly held vessel passes to the surviving 418 coowner or coowners. This sub-subparagraph is applicable even if 419 the coowners are husband and wife; or 420 b. The signatures of every coowner or of the respective 421 personal representatives of the coowners if the vessel is 422 registered in the names of two or more persons as coowners in 423 the conjunctive by the use of the word “and.” 424 425 The department shall adopt suitable language that must appear 426 upon the certificate of title to effectuate the manner in which 427 the interest in or title to the vessel is held. 428 (8)(4)If the owner cannot furnish the departmentof429Highway Safety and Motor Vehicleswith all the required 430 ownership documentation, the department may, at its discretion, 431 issue a title conditioned on the owner’s agreement to indemnify 432 the department and its agents and defend the title against all 433 claims or actions arising out of such issuance. 434 (9)(5)(a) An application for an initial title or a title 435 transfer shall include payment of the applicable state sales tax 436 or proof of payment of such tax. 437 (b) An application for a title transfer between 438 individuals, which transfer is not exempt from the payment of 439 sales tax, shall include payment of the appropriate sales tax 440 payable on the selling price for the complete vessel rig, which 441 includes the vessel and its motor, trailer, and accessories, if 442 any. If the applicant submits with his or her application an 443 itemized, properly executed bill of sale which separately 444 describes and itemizes the prices paid for each component of the 445 rig, only the vessel and trailer will be subject to the sales 446 tax. 447 (10)(6)The departmentof Highway Safety and Motor Vehicles448 shall prescribe and provide suitable forms for applications, 449 certificates of title, notices of security interests, and other 450 notices and forms necessary to carry out the provisions of this 451 chapter. 452 Section 4. Section 328.015, Florida Statutes, is created to 453 read: 454 328.015 Duties and operation of the department.— 455 (1) The department shall retain the evidence used to 456 establish the accuracy of the information in its files relating 457 to the current ownership of a vessel and the information on the 458 certificate of title. 459 (2) The department shall retain in its files all 460 information regarding a security interest in a vessel for at 461 least 10 years after the department receives a termination 462 statement regarding the security interest. The information must 463 be accessible by the hull identification number for the vessel 464 and any other methods provided by the department. 465 (3) If a person submits a record to the department, or 466 submits information that is accepted by the department, and 467 requests an acknowledgment of the filing or submission, the 468 department shall send to the person an acknowledgment showing 469 the hull identification number of the vessel to which the record 470 or submission relates, the information in the filed record or 471 submission, and the date and time the record was received or the 472 submission was accepted. A request under this section must 473 contain the hull identification number and be delivered by means 474 authorized by the department. 475 (4) The department shall send or otherwise make available 476 in a record the following information to any person who requests 477 it and pays the applicable fee: 478 (a) Whether the files of the department indicate, as of a 479 date and time specified by the department, but not a date 480 earlier than 3 days before the department received the request, 481 any certificate of title, security interest, termination 482 statement, or title brand that relates to a vessel: 483 1. Identified by a hull identification number designated in 484 the request; 485 2. Identified by a vessel number designated in the request; 486 or 487 3. Owned by a person designated in the request; 488 (b) With respect to the vessel: 489 1. The name and address of any owner as indicated in the 490 files of the department or on the certificate of title; 491 2. The name and address of any secured party as indicated 492 in the files of the department or on the certificate, and the 493 effective date of the information; and 494 3. A copy of any termination statement indicated in the 495 files of the department and the effective date of the 496 termination statement; and 497 (c) With respect to the vessel, a copy of any certificate 498 of origin, secured party transfer statement, transfer-by-law 499 statement under s. 328.24, and other evidence of previous or 500 current transfers of ownership. 501 (5) In responding to a request under this section, the 502 department may provide the requested information in any medium. 503 On request, the department shall send the requested information 504 in a record that is self-authenticating. 505 Section 5. Section 328.02, Florida Statutes, is created to 506 read: 507 328.02 Law governing vessel covered by certificate of 508 title.— 509 (1) The law of the state under which a vessel’s certificate 510 of title is covered governs all issues relating to the 511 certificate from the time the vessel becomes covered by the 512 certificate until the vessel becomes covered by another 513 certificate or becomes a documented vessel, even if no other 514 relationship exists between the state and the vessel or its 515 owner. 516 (2) A vessel becomes covered by a certificate of title when 517 an application for the certificate and the applicable fee are 518 delivered to the department in accordance with this part or to 519 the governmental agency that creates a certificate in another 520 jurisdiction in accordance with the law of that jurisdiction. 521 Section 6. Section 328.03, Florida Statutes, is amended to 522 read: 523 328.03 Certificate of title required.— 524 (1) Except as otherwise provided in subsections (2) and 525 (3), each vessel that is operated, used, or stored on the waters 526 of this state must be titled by this state pursuant to this 527 part, and the owner of a vessel for which this state is the 528 state of principal use shall deliver to the department an 529 application for a certificate of title for the vessel, with the 530 applicable fee, not later than 30 days after the later of: 531 (a) The date of a transfer of ownership; or 532 (b) The date this state becomes the state of principal use. 533 (2) An application for a certificate of title is not 534 required forchapter, unless it is: 535 (a) A documented vessel; 536 (b) A foreign-documented vessel; 537 (c) A barge; 538 (d) A vessel before delivery if the vessel is under 539 construction or completed pursuant to contract; 540 (e) A vessel held by a dealer for sale or lease; 541 (f) A vessel used solely for demonstration, testing, or 542 sales promotional purposes by the manufacturer or dealer; 543 (g)(a)A vessel operated, used, or stored exclusively on 544 private lakes and ponds; 545 (h)(b)A vessel owned by the United States Government; 546(c)A non-motor-powered vessel less than 16 feet in length;547(d)A federally documented vessel;548 (i)(e)A vessel already covered by a registration number in 549 full force and effect which was awarded to it pursuant to a 550 federally approved numbering system of another state or by the 551 United States Coast Guard in a state without a federally 552 approved numbering system, if the vessel is not located in this 553 state for a period in excess of 90 consecutive days; or 554 (j)(f)A vessel from a country other than the United States 555 temporarily used, operated, or stored on the waters of this 556 state for a period that is not in excess of 90 days;557(g)An amphibious vessel for which a vehicle title is558issued by the Department of Highway Safety and Motor Vehicles;559(h)A vessel used solely for demonstration, testing, or560sales promotional purposes by the manufacturer or dealer; or561(i)A vessel owned and operated by the state or a political562subdivision thereof. 563 (3) The department may not issue, transfer, or renew a 564 number issued to a vessel pursuant to the requirements of 46 565 U.S.C. s. 12301 unless the department has created a certificate 566 of title for the vessel or an application for a certificate for 567 the vessel and the applicable fee have been delivered to the 568 department. 569(2)A person shall not operate, use, or store a vessel for570which a certificate of title is required unless the owner has571received from the Department of Highway Safety and Motor572Vehicles a valid certificate of title for such vessel. However,573such vessel may be operated, used, or stored for a period of up574to 180 days after the date of application for a certificate of575title while the application is pending.576(3)A person shall not sell, assign, or transfer a vessel577titled by the state without delivering to the purchaser or578transferee a valid certificate of title with an assignment on it579showing the transfer of title to the purchaser or transferee. A580person shall not purchase or otherwise acquire a vessel required581to be titled by the state without obtaining a certificate of582title for the vessel in his or her name. The purchaser or583transferee shall, within 30 days after a change in vessel584ownership, file an application for a title transfer with the585county tax collector.586 (4) An additional $10 fee shall be charged against the 587 purchaser or transferee if he or she files a title transfer 588 application after the 30-day period. The county tax collector 589 shall be entitled to retain $5 of the additional amount. 590 (5)(4)A certificate of title is prima facie evidence of 591 the accuracy of the information in the record that constitutes 592 the certificate and of the ownership of the vessel. A 593 certificate of title is good for the life of the vessel so long 594 as the certificate is owned or held by the legal holder. If a 595 titled vessel is destroyed or abandoned, the owner, with the 596 consent of any recorded lienholders, shall, within 30 days after 597 the destruction or abandonment, surrender to the department for 598 cancellation any and all title documents. If a titled vessel is 599 insured and the insurer has paid the owner for the total loss of 600 the vessel, the insurer shall obtain the title to the vessel 601 and, within 30 days after receiving the title, forward the title 602 to the departmentof Highway Safety and Motor Vehiclesfor 603 cancellation. The insurer may retain the certificate of title 604 when payment for the loss was made because of the theft of the 605 vessel. 606 (6)(5)The departmentof Highway Safety and Motor Vehicles607 shall provide labeled places on the title where the seller’s 608 price shall be indicated when a vessel is sold and where a 609 selling dealer shall record his or her valid sales tax 610 certificate of registration number. 611 (7)(6)(a) The departmentof Highway Safety and Motor612Vehiclesshall charge a fee of $5.25 for issuing each 613 certificate of title. The tax collector shall be entitled to 614 retain $3.75 of the fee. 615 (b)Beginning July 1, 1996,The departmentof Highway616Safety and Motor Vehiclesshall use security procedures, 617 processes, and materials in the preparation and issuance of each 618 certificate of title to prohibit, to the extent possible, a 619 person’s ability to alter, counterfeit, duplicate, or modify the 620 certificate. 621 (8)(7)The departmentof Highway Safety and Motor Vehicles622 shall charge a fee of $4 in addition to that charged in 623 subsection (7)(6)for each initial certificate of title issued 624 for a vessel previously registered outside this state. 625 (9)(8)The departmentof Highway Safety and Motor Vehicles626 shall make regulations necessary and convenient to carry out the 627 provisions of this chapter. 628 Section 7. Section 328.04, Florida Statutes, is created to 629 read: 630 328.04 Content of certificate of title.— 631 (1) A certificate of title must contain: 632 (a) The date the certificate was created; 633 (b) The name of the owner of record and, if not all owners 634 are listed, an indication that there are additional owners 635 indicated in the files of the department; 636 (c) The mailing address of the owner of record; 637 (d) The hull identification number; 638 (e) The information listed in s. 328.01(2)(e); 639 (f) Except as otherwise provided in s. 328.12(2), the name 640 and mailing address of the secured party of record, if any, and 641 if not all secured parties are listed, an indication that there 642 are other security interests indicated in the files of the 643 department; and 644 (g) All title brands indicated in the files of the 645 department covering the vessel, including brands indicated on a 646 certificate created by a governmental agency of another 647 jurisdiction and delivered to the department. 648 (2) This part does not preclude the department from noting 649 on a certificate of title the name and mailing address of a 650 secured party that is not a secured party of record. 651 (3) For each title brand indicated on a certificate of 652 title, the certificate must identify the jurisdiction under 653 whose law the title brand was created or the jurisdiction that 654 created the certificate on which the title brand was indicated. 655 If the meaning of a title brand is not easily ascertainable or 656 cannot be accommodated on the certificate, the certificate may 657 state: “Previously branded in (insert the jurisdiction under 658 whose law the title brand was created or whose certificate of 659 title previously indicated the title brand).” 660 (4) If the files of the department indicate that a vessel 661 was previously registered or titled in a foreign country, the 662 department shall indicate on the certificate of title that the 663 vessel was registered or titled in that country. 664 (5) A written certificate of title must contain a form that 665 all owners indicated on the certificate may sign to evidence 666 consent to a transfer of an ownership interest to another 667 person. The form must include a certification, signed under 668 penalty of perjury, that the statements made are true and 669 correct to the best of each owner’s knowledge, information, and 670 belief. 671 (6) A written certificate of title must contain a form for 672 the owner of record to indicate, in connection with a transfer 673 of an ownership interest, that the vessel is hull damaged. 674 Section 8. Section 328.045, Florida Statutes, is created to 675 read: 676 328.045 Title brands.— 677 (1) Unless subsection (3) applies, at or before the time 678 the owner of record transfers an ownership interest in a hull 679 damaged vessel that is covered by a certificate of title created 680 by the department, if the damage occurred while that person was 681 an owner of the vessel and the person has notice of the damage 682 at the time of the transfer, the owner shall: 683 (a) Deliver to the department an application for a new 684 certificate that complies with s. 328.01 and includes the title 685 brand designation “Hull Damaged”; or 686 (b) Indicate on the certificate in the place designated for 687 that purpose that the vessel is hull damaged and deliver the 688 certificate to the transferee. 689 (2) Not later than 30 days after delivery of the 690 application under paragraph (1)(a) or the certificate of title 691 under paragraph (1)(b), the department shall create a new 692 certificate that indicates that the vessel is branded “Hull 693 Damaged.” 694 (3) Before an insurer transfers an ownership interest in a 695 hull-damaged vessel that is covered by a certificate of title 696 created by the department, the insurer shall deliver to the 697 department an application for a new certificate that complies 698 with s. 328.01 and includes the title brand designation “Hull 699 Damaged.” Not later than 30 days after delivery of the 700 application to the department, the department shall create a new 701 certificate that indicates that the vessel is branded “Hull 702 Damaged.” 703 (4) An owner of record who fails to comply with subsection 704 (1), a person who solicits or colludes in a failure by an owner 705 of record to comply with subsection (1), or an insurer that 706 fails to comply with subsection (3) commits a noncriminal 707 infraction under s. 327.73(1) for which the penalty is $5,000 708 for the first offense, $15,000 for a second offense, and $25,000 709 for each subsequent offense. 710 Section 9. Section 328.055, Florida Statutes, is created to 711 read: 712 328.055 Maintenance of and access to files.— 713 (1) For each record relating to a certificate of title 714 submitted to the department, the department shall: 715 (a) Ascertain or assign the hull identification number for 716 the vessel; 717 (b) Maintain the hull identification number and all the 718 information submitted with the application pursuant to s. 719 328.01(2) to which the record relates, including the date and 720 time the record was delivered to the department; 721 (c) Maintain the files for public inspection subject to 722 subsection (5); and 723 (d) Index the files of the department as required by 724 subsection (2). 725 (2) The department shall maintain in its files the 726 information contained in all certificates of title created under 727 this part. The information in the files of the department must 728 be searchable by the hull identification number of the vessel, 729 the vessel number, the name of the owner of record, and any 730 other method used by the department. 731 (3) The department shall maintain in its files, for each 732 vessel for which it has created a certificate of title, all 733 title brands known to the department, the name of each secured 734 party known to the department, the name of each person known to 735 the department to be claiming an ownership interest, and all 736 stolen property reports the department has received. 737 (4) Upon request, for safety, security, or law enforcement 738 purposes, the department shall provide to federal, state, or 739 local government the information in its files relating to any 740 vessel for which the department has issued a certificate of 741 title. 742 (5) Except as otherwise provided by the laws of this state, 743 other than this part, the information required under s. 328.04 744 is a public record. 745 Section 10. Section 328.06, Florida Statutes, is created to 746 read: 747 328.06 Action required on creation of certificate of 748 title.— 749 (1) On creation of a written certificate of title, the 750 department shall promptly send the certificate to the secured 751 party of record or, if none, to the owner of record at the 752 address indicated for that person in the files of the 753 department. On creation of an electronic certificate of title, 754 the department shall promptly send a record evidencing the 755 certificate to the owner of record and, if there is one, to the 756 secured party of record at the address indicated for each person 757 in the files of the department. The department may send the 758 record to the person’s mailing address or, if indicated in the 759 files of the department, an electronic address. 760 (2) If the department creates a written certificate of 761 title, any electronic certificate of title for the vessel is 762 canceled and replaced by the written certificate. The department 763 shall maintain in the files of the department the date and time 764 of cancellation. 765 (3) Before the department creates an electronic certificate 766 of title, any written certificate for the vessel must be 767 surrendered to the department. If the department creates an 768 electronic certificate, the department shall destroy or 769 otherwise cancel the written certificate for the vessel which 770 has been surrendered to the department and maintain in the files 771 of the department the date and time of destruction or other 772 cancellation. If a written certificate being canceled is not 773 destroyed, the department shall indicate on the face of the 774 certificate that it has been canceled. 775 Section 11. Section 328.065, Florida Statutes, is created 776 to read: 777 328.065 Effect of possession of certificate of title; 778 judicial process.—Possession of a certificate of title does not 779 by itself provide a right to obtain possession of a vessel. 780 Garnishment, attachment, levy, replevin, or other judicial 781 process against the certificate is not effective to determine 782 possessory rights to the vessel. This part does not prohibit 783 enforcement under the laws of this state of a security interest 784 in, levy on, or foreclosure of a statutory or common-law lien on 785 a vessel. Absence of an indication of a statutory or common-law 786 lien on a certificate does not invalidate the lien. 787 Section 12. Section 328.09, Florida Statutes, is amended to 788 read: 789 (Substantial rewording of section. See 790 s. 328.09, F.S., for present text.) 791 328.09 Refusal to issue and authority to cancel a 792 certificate of title or registration.— 793 (1) Unless an application for a certificate of title is 794 rejected under subsection (3) or subsection (4), the department 795 shall create a certificate for the vessel in accordance with 796 subsection (2) not later than 30 days after delivery to the 797 department of an application that complies with s. 328.01. 798 (2) If the department creates electronic certificates of 799 title, the department shall create an electronic certificate 800 unless in the application the secured party of record or, if 801 none, the owner of record requests that the department create a 802 written certificate. 803 (3) Except as otherwise provided in subsection (4), the 804 department may reject an application for a certificate of title 805 only if: 806 (a) The application does not comply with s. 328.01; 807 (b) The application does not contain documentation 808 sufficient for the department to determine whether the applicant 809 is entitled to a certificate; 810 (c) There is a reasonable basis for concluding that the 811 application is fraudulent or issuance of a certificate would 812 facilitate a fraudulent or illegal act; or 813 (d) The application does not comply with the laws of this 814 state other than this part. 815 (4) The department shall reject an application for a 816 certificate of title for a vessel that is a documented vessel or 817 a foreign-documented vessel. 818 (5) The department may cancel a certificate of title 819 created by it only if the department: 820 (a) Could have rejected the application for the certificate 821 under subsection (3); 822 (b) Is required to cancel the certificate under another 823 provision of this part; or 824 (c) Receives satisfactory evidence that the vessel is a 825 documented vessel or a foreign-documented vessel. 826 (6) The decision by the department to reject an application 827 for a certificate of title or cancel a certificate of title 828 pursuant to this section is subject to a hearing pursuant to ss. 829 120.569 and 120.57 at which the owner and any other interested 830 party may present evidence in support of or opposition to the 831 rejection of the application for a certificate of title or the 832 cancellation of a certificate of title. 833 Section 13. Section 328.101, Florida Statutes, is created 834 to read: 835 328.101 Effect of missing or incorrect information.—Except 836 as otherwise provided in s. 679.337, a certificate of title or 837 other record required or authorized by this part is effective 838 even if it contains unintended scrivener’s errors or does not 839 contain certain required information if such missing information 840 is determined by the department to be inconsequential to the 841 issuing of a certificate of title or other record. 842 Section 14. Section 328.11, Florida Statutes, is amended to 843 read: 844 328.11 Duplicate certificate of title.— 845 (1) If a written certificate of title is lost, stolen, 846 mutilated, destroyed, or otherwise becomes unavailable or 847 illegible, the secured party of record or, if no secured party 848 is indicated in the files of the department, the owner of record 849 may apply for and, by furnishing information satisfactory to the 850 department, obtain a duplicate certificate in the name of the 851 owner of record. 852 (2) An applicant for a duplicate certificate of title must 853 sign the application, and, except as otherwise permitted by the 854 department, the application must comply with s. 328.01. The 855 application must include the existing certificate unless the 856 certificate is lost, stolen, mutilated, destroyed, or otherwise 857 unavailable. 858 (3) A duplicate certificate of title created by the 859 department must comply with s. 328.04 and indicate on the face 860 of the certificate that it is a duplicate certificate. 861 (4) If a person receiving a duplicate certificate of title 862 subsequently obtains possession of the original written 863 certificate, the person shall promptly destroy the original 864 certificate of title. 865 (5)(1)The Department of Highway Safety and Motor Vehicles866may issue a duplicate certificate of title upon application by867the person entitled to hold such a certificate if the department868is satisfied that the original certificate has been lost,869destroyed, or mutilated.The department shall charge a fee of $6 870 for issuing a duplicate certificate. 871 (6)(2)In addition to the fee imposed by subsection (5) 872(1), the departmentof Highway Safety and Motor Vehiclesshall 873 charge a fee of $5 for expedited service in issuing a duplicate 874 certificate of title. Application for such expedited service may 875 be made by mail or in person. The department shall issue each 876 certificate of title applied for under this subsection within 5 877 working days after receipt of a proper application or shall 878 refund the additional $5 fee upon written request by the 879 applicant. 880(3)If, following the issuance of an original, duplicate,881or corrected certificate of title by the department, the882certificate is lost in transit and is not delivered to the883addressee, the owner of the vessel or the holder of a lien884thereon may, within 180 days after the date of issuance of the885title, apply to the department for reissuance of the certificate886of title. An additional fee may not be charged for reissuance887under this subsection.888 (7)(4)The department shall implement a system to verify 889 that the application is signed by a person authorized to receive 890 a duplicate title certificate under this section if the address 891 shown on the application is different from the address shown for 892 the applicant on the records of the department. 893 Section 15. Section 328.12, Florida Statutes, is created to 894 read: 895 328.12 Perfection of security interest.— 896 (1) Except as otherwise provided in this section, a 897 security interest in a vessel may be perfected only by delivery 898 to the department of an application for a certificate of title 899 that identifies the secured party and otherwise complies with s. 900 328.01. The security interest is perfected on the later of 901 delivery to the department of the application and the applicable 902 fee or attachment of the security interest under s. 679.2031. 903 (2) If the interest of a person named as owner, lessor, 904 consignor, or bailor in an application for a certificate of 905 title delivered to the department is a security interest, the 906 application sufficiently identifies the person as a secured 907 party. Identification on the application for a certificate of a 908 person as owner, lessor, consignor, or bailor is not by itself a 909 factor in determining whether the person’s interest is a 910 security interest. 911 (3) If the department has created a certificate of title 912 for a vessel, a security interest in the vessel may be perfected 913 by delivery to the department of an application, on a form the 914 department may require, to have the security interest added to 915 the certificate. The application must be signed by an owner of 916 the vessel or by the secured party and must include: 917 (a) The name of the owner of record; 918 (b) The name and mailing address of the secured party; 919 (c) The hull identification number for the vessel; and 920 (d) If the department has created a written certificate of 921 title for the vessel, the certificate. 922 (4) A security interest perfected under subsection (3) is 923 perfected on the later of delivery to the department of the 924 application and all applicable fees or attachment of the 925 security interest under s. 679.2031. 926 (5) On delivery of an application that complies with 927 subsection (3) and payment of all applicable fees, the 928 department shall create a new certificate of title pursuant to 929 s. 328.09 and deliver the new certificate or a record evidencing 930 an electronic certificate pursuant to s. 328.06. The department 931 shall maintain in the files of the department the date and time 932 of delivery of the application to the department. 933 (6) If a secured party assigns a perfected security 934 interest in a vessel, the receipt by the department of a 935 statement providing the name of the assignee as secured party is 936 not required to continue the perfected status of the security 937 interest against creditors of and transferees from the original 938 debtor. A purchaser of a vessel subject to a security interest 939 who obtains a release from the secured party indicated in the 940 files of the department or on the certificate takes free of the 941 security interest and of the rights of a transferee unless the 942 transfer is indicated in the files of the department or on the 943 certificate. 944 (7) This section does not apply to a security interest: 945 (a) Created in a vessel by a person during any period in 946 which the vessel is inventory held for sale or lease by the 947 person or is leased by the person as lessor if the person is in 948 the business of selling vessels; 949 (b) In a barge for which no application for a certificate 950 of title has been delivered to the department; or 951 (c) In a vessel before delivery if the vessel is under 952 construction, or completed, pursuant to contract and for which 953 no application for a certificate has been delivered to the 954 department. 955 (8) This subsection applies if a certificate of 956 documentation for a documented vessel is deleted or canceled. If 957 a security interest in the vessel was valid immediately before 958 deletion or cancellation against a third party as a result of 959 compliance with 46 U.S.C. s. 31321, the security interest is and 960 remains perfected until the earlier of 4 months after 961 cancellation of the certificate or the time the security 962 interest becomes perfected under this part. 963 (9) A security interest in a vessel arising under s. 964 672.401, s. 672.505, s. 672.711(3), or s. 680.508(5) is 965 perfected when it attaches but becomes unperfected when the 966 debtor obtains possession of the vessel, unless the security 967 interest is perfected pursuant to subsection (1) or subsection 968 (3) before the debtor obtains possession. 969 (10) A security interest in a vessel as proceeds of other 970 collateral is perfected to the extent provided in s. 679.3151. 971 (11) A security interest in a vessel perfected under the 972 law of another jurisdiction is perfected to the extent provided 973 in s. 679.3161(4). 974 Section 16. Section 328.125, Florida Statutes, is created 975 to read: 976 328.125 Termination statement.— 977 (1) A secured party indicated in the files of the 978 department as having a security interest in a vessel shall 979 deliver a termination statement to the department and, on the 980 debtor’s request, to the debtor, by the earlier of: 981 (a) Twenty days after the secured party receives a signed 982 demand from an owner for a termination statement and there is no 983 obligation secured by the vessel subject to the security 984 interest and no commitment to make an advance, incur an 985 obligation, or otherwise give value secured by the vessel; or 986 (b) If the vessel is consumer goods, 30 days after there is 987 no obligation secured by the vessel and no commitment to make an 988 advance, incur an obligation, or otherwise give value secured by 989 the vessel. 990 (2) If a written certificate of title has been created and 991 delivered to a secured party and a termination statement is 992 required under subsection (1), the secured party, not later than 993 the date required by subsection (1), shall deliver the 994 certificate to the debtor or to the department with the 995 statement. If the certificate is lost, stolen, mutilated, 996 destroyed, or is otherwise unavailable or illegible, the secured 997 party shall deliver with the statement, not later than the date 998 required by subsection (1), an application for a duplicate 999 certificate meeting the requirements of s. 328.11. 1000 (3) On delivery to the department of a termination 1001 statement authorized by the secured party, the security interest 1002 to which the statement relates ceases to be perfected. If the 1003 security interest to which the statement relates was indicated 1004 on the certificate of title, the department shall create a new 1005 certificate and deliver the new certificate or a record 1006 evidencing an electronic certificate. The department shall 1007 maintain in its files the date and time of delivery to the 1008 department of the statement. 1009 (4) A secured party that fails to comply with this section 1010 is liable for any loss that the secured party had reason to know 1011 might result from its failure to comply and which could not 1012 reasonably have been prevented and for the cost of an 1013 application for a certificate of title under s. 328.01 or s. 1014 328.11. 1015 Section 17. Section 328.14, Florida Statutes, is created to 1016 read: 1017 328.14 Rights of purchaser other than secured party.— 1018 (1) A buyer in ordinary course of business has the 1019 protections afforded by ss. 672.403(2) and 679.320(1) even if an 1020 existing certificate of title was not signed and delivered to 1021 the buyer or a new certificate listing the buyer as owner of 1022 record was not created. 1023 (2) Except as otherwise provided in ss. 328.145 and 328.22, 1024 the rights of a purchaser of a vessel who is not a buyer in 1025 ordinary course of business or a lien creditor are governed by 1026 the Uniform Commercial Code. 1027 Section 18. Section 328.145, Florida Statutes, is created 1028 to read: 1029 328.145 Rights of secured party.— 1030 (1) Subject to subsection (2), the effect of perfection and 1031 nonperfection of a security interest and the priority of a 1032 perfected or unperfected security interest with respect to the 1033 rights of a purchaser or creditor, including a lien creditor, is 1034 governed by the Uniform Commercial Code. 1035 (2) If, while a security interest in a vessel is perfected 1036 by any method under this part, the department creates a 1037 certificate of title that does not indicate that the vessel is 1038 subject to the security interest or contain a statement that it 1039 may be subject to security interests not indicated on the 1040 certificate: 1041 (a) A buyer of the vessel, other than a person in the 1042 business of selling or leasing vessels of that kind, takes free 1043 of the security interest if the buyer, acting in good faith and 1044 without knowledge of the security interest, gives value and 1045 receives possession of the vessel; and 1046 (b) The security interest is subordinate to a conflicting 1047 security interest in the vessel that is perfected under s. 1048 328.12 after creation of the certificate and without the 1049 conflicting secured party’s knowledge of the security interest. 1050 Section 19. Section 328.15, Florida Statutes, is amended to 1051 read: 1052 328.15 Notice of lien on vessel; recording.— 1053(1)No lien for purchase money or as security for a debt in1054the form of retain title contract, conditional bill of sale,1055chattel mortgage, or otherwise on a vessel shall be enforceable1056in any of the courts of this state against creditors or1057subsequent purchasers for a valuable consideration and without1058notice unless a sworn notice of such lien is recorded. The lien1059certificate shall contain the following information:1060(a)Name and address of the registered owner;1061(b)Date of lien;1062(c)Description of the vessel to include make, type, motor1063and serial number; and1064(d)Name and address of lienholder.1065 1066The lien shall be recorded by the Department of Highway Safety1067and Motor Vehicles and shall be effective as constructive notice1068when filed. The date of filing of the notice of lien is the date1069of its receipt by the department’s central office in1070Tallahassee, if first filed there, or otherwise by the office of1071a county tax collector or of the tax collector’s agent.1072(2)(a)The Department of Highway Safety and Motor Vehicles1073shall not enter any lien upon its lien records, whether it is a1074first lien or a subordinate lien, unless the official1075certificate of title issued for the vessel is furnished with the1076notice of lien, so that the record of lien, whether original or1077subordinate, may be noted upon the face thereof. After the1078department records the lien, it shall send the certificate of1079title to the holder of the first lien who shall hold such1080certificate until the lien is satisfied in full.1081(b)When a vessel is registered in the names of two or more1082persons as coowners in the alternative by the use of the word1083“or,” whether or not the coowners are husband and wife, each1084coowner is considered to have granted to any other coowner the1085absolute right to place a lien or encumbrance on the vessel, and1086the signature of one coowner constitutes proper execution of the1087notice of lien. When a vessel is registered in the names of two1088or more persons as coowners in the conjunctive by the use of the1089word “and,” the signature of each coowner is required in order1090to place a lien or encumbrance on the vessel.1091(c)If the owner of the vessel as shown on the title1092certificate or the director of the state child support1093enforcement program desires to place a second or subsequent lien1094or encumbrance against the vessel when the title certificate is1095in the possession of the first lienholder, the owner shall send1096a written request to the first lienholder by certified mail and1097such first lienholder shall forward the certificate to the1098department for endorsement. The department shall return the1099certificate to the first lienholder, as indicated in the notice1100of lien filed by the first lienholder, after endorsing the1101second or subsequent lien on the certificate and on the1102duplicate. If the first lienholder fails, neglects, or refuses1103to forward the certificate of title to the department within 101104days after the date of the owner’s or the director’s request,1105the department, on written request of the subsequent lienholder1106or an assignee thereof, shall demand of the first lienholder the1107return of such certificate for the notation of the second or1108subsequent lien or encumbrance.1109 (1)(3)Upon the payment of aany suchlien, the debtor or 1110 the registered owner of the motorboat shall be entitled to 1111 demand and receive from the lienholder a satisfaction of the 1112 lien which shall likewise be filed with the Department of 1113 Highway Safety and Motor Vehicles. 1114 (2)(4)The Department of Highway Safety and Motor Vehicles 1115 under precautionary rules and regulations to be promulgated by 1116 it may permit the use, in substitution of the formal 1117 satisfaction of lien, of other methods of satisfaction, such as 1118 perforation, appropriate stamp, or otherwise, as it deems 1119 reasonable and adequate. 1120 (3)(5)(a) The Department of Highway Safety and Motor 1121 Vehicles shall adopt rules to administer this section. The 1122 department may by rule require that a notice of satisfaction of 1123 a lien be notarized. The department shall prepare the forms of 1124 the notice of lien and the satisfaction of lien to be supplied, 1125 at a charge not to exceed 50 percent more than cost, to 1126 applicants for recording the liens or satisfactions and shall 1127 keep a record of such notices of lien and satisfactions 1128 available for inspection by the public at all reasonable times. 1129 The division may furnish certified copies of such satisfactions 1130 for a fee of $1, which are admissible in evidence in all courts 1131 of this state under the same conditions and to the same effect 1132 as certified copies of other public records. 1133 (b) The department shall establish and administer an 1134 electronic titling program that requires the recording of vessel 1135 title information for new, transferred, and corrected 1136 certificates of title. Lienholders shall electronically transmit 1137 liens and lien satisfactions to the department in a format 1138 determined by the department. Individuals and lienholders who 1139 the department determines are not normally engaged in the 1140 business or practice of financing vessels are not required to 1141 participate in the electronic titling program. 1142(6)The Department of Highway Safety and Motor Vehicles is1143entitled to a fee of $1 for the recording of each notice of1144lien. No fee shall be charged for recording the satisfaction of1145a lien. All of the fees collected shall be paid into the Marine1146Resources Conservation Trust Fund.1147 (4)(7)(a) Should any person, firm, or corporation holding 1148 such lien, which has been recorded by the Department of Highway 1149 Safety and Motor Vehicles, upon payment of such lien and on 1150 demand, fail or refuse, within 30 days after such payment and 1151 demand, to furnish the debtor or the registered owner of such 1152 vessel a satisfaction of the lien, then, in that event, such 1153 person, firm, or corporation shall be held liable for all costs, 1154 damages, and expenses, including reasonable attorneyattorney’s1155 fees, lawfully incurred by the debtor or the registered owner of 1156 such vessel in any suit which may be brought in the courts of 1157 this state for the cancellation of such lien. 1158 (b) Following satisfaction of a lien, the lienholder shall 1159 enter a satisfaction thereof in the space provided on the face 1160 of the certificate of title. If there are no subsequent liens 1161 shown thereon, the certificate shall be delivered by the 1162 lienholder to the person satisfying the lien or encumbrance and 1163 an executed satisfaction on a form provided by the department 1164 shall be forwarded to the department by the lienholder within 10 1165 days after satisfaction of the lien. 1166 (c) If the certificate of title shows a subsequent lien not 1167 then being discharged, an executed satisfaction of the first 1168 lien shall be delivered by the lienholder to the person 1169 satisfying the lien and the certificate of title showing 1170 satisfaction of the first lien shall be forwarded by the 1171 lienholder to the department within 10 days after satisfaction 1172 of the lien. 1173 (d) If, upon receipt of a title certificate showing 1174 satisfaction of the first lien, the department determines from 1175 its records that there are no subsequent liens or encumbrances 1176 upon the vessel, the department shall forward to the owner, as 1177 shown on the face of the title, a corrected certificate showing 1178 no liens or encumbrances. If there is a subsequent lien not 1179 being discharged, the certificate of title shall be reissued 1180 showing the second or subsequent lienholder as the first 1181 lienholder and shall be delivered to the new first lienholder. 1182 The first lienholder shall be entitled to retain the certificate 1183 of title until his or her lien is satisfied. Upon satisfaction 1184 of the lien, the lienholder shall be subject to the procedures 1185 required of a first lienholder in this subsectionand in1186subsection (2). 1187 (5)(8)When the original certificate of title cannot be 1188 returned to the department by the lienholder and evidence 1189 satisfactory to the department is produced that all liens or 1190 encumbrances have been satisfied, upon application by the owner 1191 for a duplicate copy of the certificate of title, upon the form 1192 prescribed by the department, accompanied by the fee prescribed 1193 in this chapter, a duplicate copy of the certificate of title 1194 without statement of liens or encumbrances shall be issued by 1195 the department and delivered to the owner. 1196 (6)(9)Any person who fails, within 10 days after receipt 1197 of a demand by the department by certified mail, to return a 1198 certificate of title to the departmentas required by paragraph1199(2)(c)or who, upon satisfaction of a lien, fails within 10 days 1200 after receipt of such demand to forward the appropriate document 1201 to the department as required by paragraph (4)(b)(7)(b)or 1202 paragraph (4)(c)(7)(c)commits a misdemeanor of the second 1203 degree, punishable as provided in s. 775.082 or s. 775.083. 1204 (7)(10)The department shall use the last known address as 1205 shown by its records when sending any notice required by this 1206 section. 1207 (8)(11)If the original lienholder sells and assigns his or 1208 her lien to some other person, and if the assignee desires to 1209 have his or her name substituted on the certificate of title as 1210 the holder of the lien, he or she may, after delivering the 1211 original certificate of title to the department and providing a 1212 sworn statement of the assignment, have his or her name 1213 substituted as a lienholder. Upon substitution of the assignee’s 1214 name as lienholder, the department shall deliver the certificate 1215 of title to the assignee as the first lienholder. 1216 (9) Subsections (1), (2), and (4)-(8) shall expire October 1217 1, 2026. 1218 Section 20. Section 328.16, Florida Statutes, is amended to 1219 read: 1220 328.16 Issuance in duplicate; delivery; liens, security 1221 interests, and encumbrances.— 1222 (1) The department shall assign a number to each 1223 certificate of title and shall issue each certificate of title 1224 and each corrected certificate in duplicate. The database record 1225 shall serve as the duplicate title certificate. 1226 (2) An authorized person must sign the original certificate 1227 of title and each corrected certificate and, if there are no 1228 liens, security interests, or encumbrances on the vessel, as 1229 shown in the records of the department or as shown in the 1230 application, must deliver the certificate to the applicant or to 1231 another person as directed by the applicant or person, agent, or 1232 attorney submitting the application. If there are one or more 1233 liens, security interests, or encumbrances on the vessel, the 1234 department must deliver the certificate to the first lienholder 1235 or secured party as shown by department records. The department 1236 shall deliver to the first lienholder or secured party, along 1237 with the certificate, a form to be subsequently used by the 1238 lienholder or secured party as a satisfaction. If the 1239 application for certificate of title shows the name of a first 1240 lienholder or secured party which is different from the name of 1241 the first lienholder or secured party as shown by the records of 1242 the department, the certificate shall not be issued to any 1243 person until after the department notifies all parties who 1244 appear to hold a lien or a security interest and the applicant 1245 for the certificate, in writing by certified mail. If the 1246 parties do not amicably resolve the conflict within 10 days 1247 after the date the notice was mailed, the department shall serve 1248 notice in writing by certified mail on all persons that appear 1249 to hold liens or security interests on that particular vessel, 1250 including the applicant for the certificate, to show cause 1251 within 15 days after the date the notice is mailed why it should 1252 not issue and deliver the certificate to the secured party of 1253 record or person indicated in the notice of lien filed by the 1254 lienholder whose name appears in the application as the first 1255 lienholder without showing any lien or liens as outstanding 1256 other than those appearing in the application or those filed 1257 subsequent to the filing of the application for the certificate 1258 of title. If, within the 15-day period, any person other than 1259 the lienholder or secured party of record shown in the 1260 application or a party filing a subsequent lien or security 1261 interest, in answer to the notice to show cause, appears in 1262 person or by a representative, or responds in writing, and files 1263 a written statement under oath that his or her lien or security 1264 interest on that particular vessel is still outstanding, the 1265 department shall not issue the certificate to anyone until after 1266 the conflict has been settled by the lien or security interest 1267 claimants involved or by a court of competent jurisdiction. If 1268 the conflict is not settled amicably within 10 days after the 1269 final date for filing an answer to the notice to show cause, the 1270 complaining party shall have 10 days to obtain a ruling, or a 1271 stay order, from a court of competent jurisdiction. If a ruling 1272 or stay order is not issued and served on the department within 1273 the 10-day period, the department shall issue the certificate 1274 showing no liens or security interests, except those shown in 1275 the application or thereafter filed, to the original applicant 1276 if there are no liens or security interests shown in the 1277 application and none are thereafter filed, or to the person 1278 indicated as the secured party of record or in the notice of 1279 lien filed by the lienholder whose name appears in the 1280 application as the first lienholder if there are liens shown in 1281 the application or thereafter filed. A duplicate certificate or 1282 corrected certificate must show only such security interest or 1283 interests or lien or liens as were shown in the application and 1284 subsequently filed liens or security interests that may be 1285 outstanding. 1286 (3)Except as provided in s. 328.15(11),The certificate of 1287 title shall be retained by the first lienholder or secured party 1288 of record. The first lienholder or secured party of record is 1289 entitled to retain the certificate until the first lien or 1290 security interest is satisfied. 1291 (4) Notwithstanding any requirements in this sectionor in1292s. 328.15indicating that a lien or security interest on a 1293 vessel shall be noted on the face of the Florida certificate of 1294 title, if there are one or more liens, security interests, or 1295 encumbrances on a vessel, the department shall electronically 1296 transmit the lien or security interest to the first lienholder 1297 or secured party and notify the first lienholder or secured 1298 party of any additional liens or security interests. Subsequent 1299 lien or security interest satisfactions shall be electronically 1300 transmitted to the department and must include the name and 1301 address of the person or entity satisfying the lien or security 1302 interest. When electronic transmission of liens or security 1303 interests and lien satisfactions or security interests are used, 1304 the issuance of a certificate of title may be waived until the 1305 last lien or security interest is satisfied and a clear 1306 certificate of title is issued to the owner of the vessel. 1307 (5) The owner of a vessel,upon which a lien or security 1308 interest has been filed with the department or noted upon a 1309 certificate of title for a period of 5 years,may apply to the 1310 department in writing for such lien or security interest to be 1311 removed from the department files or from the certificate of 1312 title. The application must be accompanied by evidence 1313 satisfactory to the department that the applicant has notified 1314 the lienholder or secured party by certified mail, not less than 1315 20 days beforeprior tothe date of the application, of his or 1316 her intention to apply to the department for removal of the lien 1317 or security interest. Ten days after receipt of the application, 1318 the department may remove the lien or security interest from its 1319 files or from the certificate of title, as the case may be, if 1320 no statement in writing protesting removal of the lien or 1321 security interest is received by the department from the 1322 lienholder or secured party within the 10-day period. However, 1323 if the lienholder or secured party files with the department, 1324 within the 10-day period, a written statement that the lien or 1325 security interest is still outstanding, the department may not 1326 remove the lien or security interest until the lienholder or 1327 secured party presents a satisfaction of lien or satisfaction of 1328 security interest to the department. 1329 Section 21. Subsection (1) of section 328.165, Florida 1330 Statutes, is amended to read: 1331 328.165 Cancellation of certificates.— 1332 (1) If it appears that a certificate of title has been 1333 improperly issued, the department shall cancel the certificate. 1334 Upon cancellation of any certificate of title, the department 1335 shall notify the person to whom the certificate of title was 1336 issued, and any lienholders or secured parties appearing 1337 thereon, of the cancellation and shall demand the surrender of 1338 the certificate of title; however, the cancellation does not 1339 affect the validity of any lien or security interest noted 1340 thereon. The holder of the certificate of title shall 1341 immediately return it to the department. If a certificate of 1342 registration has been issued to the holder of a certificate of 1343 title so canceled, the department shall immediately cancel the 1344 certificate of registration and demand the return of the 1345 certificate of registration, and the holder of such certificate 1346 of registration shall immediately return it to the department. 1347 Section 22. Section 328.215, Florida Statutes, is created 1348 to read: 1349 328.215 Application for transfer of ownership or 1350 termination of security interest without certificate of title.— 1351 (1) Except as otherwise provided in s. 328.23 or s. 328.24, 1352 if the department receives, unaccompanied by a signed 1353 certificate of title, an application for a new certificate that 1354 includes an indication of a transfer of ownership or a 1355 termination statement, the department may create a new 1356 certificate under this section only if: 1357 (a) All other requirements under ss. 328.01 and 328.09 are 1358 met; 1359 (b) The applicant provides an affidavit stating facts 1360 showing the applicant is entitled to a transfer of ownership or 1361 termination statement; 1362 (c) The applicant provides the department with satisfactory 1363 evidence that notification of the application has been sent to 1364 the owner of record and all persons indicated in the files of 1365 the department as having an interest, including a security 1366 interest, in the vessel; at least 45 days have passed since the 1367 notification was sent; and the department has not received an 1368 objection from any of those persons; and 1369 (d) The applicant submits any other information required by 1370 the department as evidence of the applicant’s ownership or right 1371 to terminate the security interest, and the department has no 1372 credible information indicating theft, fraud, or an undisclosed 1373 or unsatisfied security interest, lien, or other claim to an 1374 interest in the vessel. 1375 (2) The department may indicate in a certificate of title 1376 created under subsection (1) that the certificate was created 1377 without submission of a signed certificate or termination 1378 statement. Unless credible information indicating theft, fraud, 1379 or an undisclosed or unsatisfied security interest, lien, or 1380 other claim to an interest in the vessel is delivered to the 1381 department not later than 1 year after creation of the 1382 certificate, on request in a form and manner required by the 1383 department, the department shall remove the indication from the 1384 certificate. 1385 (3) Before the department creates a certificate of title 1386 under subsection (1), the department may require the applicant 1387 to post a reasonable bond or provide an equivalent source of 1388 indemnity or security. The bond, indemnity, or other security 1389 must be in a form required by the department and provide for 1390 indemnification of any owner, purchaser, or other claimant for 1391 any expense, loss, delay, or damage, including reasonable 1392 attorney fees and costs, but not including incidental or 1393 consequential damages, resulting from creation or amendment of 1394 the certificate. 1395 (4) Unless the department receives a claim for indemnity 1396 not later than 1 year after creation of a certificate of title 1397 under subsection (1), on request in a form and manner required 1398 by the department, the department shall release any bond, 1399 indemnity, or other security. The department is not liable to a 1400 person or entity for creating a certificate of title under this 1401 section when the department issues the certificate of title in 1402 good faith based on the information provided by an applicant. An 1403 applicant that submits erroneous or fraudulent information with 1404 the intent to mislead the department into issuing a certificate 1405 of title under this section is subject to the penalties 1406 established in s. 328.045(4) in addition to any other criminal 1407 or civil penalties provided by law. 1408 Section 23. Section 328.22, Florida Statutes, is created to 1409 read: 1410 328.22 Transfer of ownership.— 1411 (1) On voluntary transfer of an ownership interest in a 1412 vessel covered by a certificate of title, the following 1413 requirements apply: 1414 (a) If the certificate is a written certificate of title 1415 and the transferor’s interest is noted on the certificate, the 1416 transferor shall promptly sign the certificate and deliver it to 1417 the transferee. If the transferor does not have possession of 1418 the certificate, the person in possession of the certificate has 1419 a duty to facilitate the transferor’s compliance with this 1420 paragraph. A secured party does not have a duty to facilitate 1421 the transferor’s compliance with this paragraph if the proposed 1422 transfer is prohibited by the security agreement. 1423 (b) If the certificate of title is an electronic 1424 certificate of title, the transferor shall promptly sign by 1425 hand, or electronically if available, and deliver to the 1426 transferee a record evidencing the transfer of ownership to the 1427 transferee. 1428 (c) The transferee has a right enforceable by specific 1429 performance to require the transferor to comply with paragraph 1430 (a) or paragraph (b). 1431 (2) The creation of a certificate of title identifying the 1432 transferee as owner of record satisfies subsection (1). 1433 (3) A failure to comply with subsection (1) or to apply for 1434 a new certificate of title does not render a transfer of 1435 ownership of a vessel ineffective between the parties. Except as 1436 otherwise provided in s. 328.101, s. 328.14(1), s. 328.145, or 1437 s. 328.23, a transfer of ownership without compliance with 1438 subsection (1) is not effective against another person claiming 1439 an interest in the vessel. 1440 (4) A transferor that complies with subsection (1) is not 1441 liable as owner of the vessel for an event occurring after the 1442 transfer, regardless of whether the transferee applies for a new 1443 certificate of title. 1444 Section 24. Section 328.23, Florida Statutes, is created to 1445 read: 1446 328.23 Transfer of ownership by secured party’s transfer 1447 statement.— 1448 (1) For the purposes of this section, “secured party’s 1449 transfer statement” means a record signed by the secured party 1450 of record stating: 1451 (a) That there has been a default on an obligation secured 1452 by the vessel; 1453 (b) That the secured party of record is exercising or has 1454 exercised post-default remedies with respect to the vessel; 1455 (c) That by reason of the exercise, the secured party of 1456 record has the right to transfer the ownership interest of an 1457 owner, and the name of the owner; 1458 (d) The name and last known mailing address of the owner of 1459 record and the secured party of record; 1460 (e) The name of the transferee; 1461 (f) Other information required by s. 328.01(2); and 1462 (g) One of the following: 1463 1. The certificate of title is an electronic certificate. 1464 2. The secured party does not have possession of the 1465 written certificate of title created in the name of the owner of 1466 record. 1467 3. The secured party is delivering the written certificate 1468 of title to the department with the secured party’s transfer 1469 statement. 1470 (2) Unless the department rejects a secured party’s 1471 transfer statement for a reason stated in s. 328.09(3), not 1472 later than 30 days after delivery to the department of the 1473 statement and payment of fees and taxes payable under the laws 1474 of this state, other than this part, in connection with the 1475 statement or the acquisition or use of the vessel, the 1476 department shall: 1477 (a) Accept the statement; 1478 (b) Amend the files of the department to reflect the 1479 transfer; and 1480 (c) If the name of the owner whose ownership interest is 1481 being transferred is indicated on the certificate of title: 1482 1. Cancel the certificate even if the certificate has not 1483 been delivered to the department; 1484 2. Create a new certificate indicating the transferee as 1485 owner; and 1486 3. Deliver the new certificate or a record evidencing an 1487 electronic certificate. 1488 (3) An application under subsection (1) or the creation of 1489 a certificate of title under subsection (2) is not by itself a 1490 disposition of the vessel and does not by itself relieve the 1491 secured party of its duties under chapter 679. 1492 Section 25. Section 328.24, Florida Statutes, is created to 1493 read: 1494 328.24 Transfer by operation of law.— 1495 (1) For the purposes of this section, “by operation of law” 1496 means pursuant to a law or judicial order affecting ownership of 1497 a vessel: 1498 (a) Because of death, divorce, or other family law 1499 proceeding, merger, consolidation, dissolution, or bankruptcy; 1500 (b) Through the exercise of the rights of a lien creditor 1501 or a person having a lien created by statute or rule of law; or 1502 (c) Through other legal process. 1503 (2) A transfer-by-law statement must contain: 1504 (a) The name and last known mailing address of the owner of 1505 record and the transferee and the other information required by 1506 s. 328.01; 1507 (b) Documentation sufficient to establish the transferee’s 1508 ownership interest or right to acquire the ownership interest; 1509 (c) A statement that: 1510 1. The certificate of title is an electronic certificate of 1511 title; 1512 2. The transferee does not have possession of the written 1513 certificate of title created in the name of the owner of record; 1514 or 1515 3. The transferee is delivering the written certificate to 1516 the department with the transfer-by-law statement; and 1517 (d) Except for a transfer described in paragraph (1)(a), 1518 evidence that notification of the transfer and the intent to 1519 file the transfer-by-law statement has been sent to all persons 1520 indicated in the files of the department as having an interest, 1521 including a security interest, in the vessel. 1522 (3) Unless the department rejects a transfer-by-law 1523 statement for a reason stated in s. 328.09(3) or because the 1524 statement does not include documentation satisfactory to the 1525 department as to the transferee’s ownership interest or right to 1526 acquire the ownership interest, not later than 30 days after 1527 delivery to the department of the statement and payment of fees 1528 and taxes payable under the law of this state, other than this 1529 part, in connection with the statement or with the acquisition 1530 or use of the vessel, the department shall: 1531 (a) Accept the statement; 1532 (b) Amend the files of the department to reflect the 1533 transfer; and 1534 (c) If the name of the owner whose ownership interest is 1535 being transferred is indicated on the certificate of title: 1536 1. Cancel the certificate even if the certificate has not 1537 been delivered to the department; 1538 2. Create a new certificate indicating the transferee as 1539 owner; 1540 3. Indicate on the new certificate any security interest 1541 indicated on the canceled certificate, unless a court order 1542 provides otherwise; and 1543 4. Deliver the new certificate or a record evidencing an 1544 electronic certificate. 1545 (4) This section does not apply to a transfer of an 1546 interest in a vessel by a secured party under part VI of chapter 1547 679. 1548 Section 26. Section 328.25, Florida Statutes, is created to 1549 read: 1550 328.25 Supplemental principles of law and equity.—Unless 1551 displaced by a provision of this part, the principles of law and 1552 equity supplement its provisions. 1553 Section 27. Section 328.41, Florida Statutes, is created to 1554 read: 1555 328.41 Rulemaking.—The department may adopt rules pursuant 1556 to ss. 120.536(1) and 120.54 to implement this part. 1557 Section 28. Section 409.2575, Florida Statutes, is amended 1558 to read: 1559 409.2575 Liens on motor vehicles and vessels.— 1560 (1) The director of the state IV-D program, or the 1561 director’s designee, may cause a lien for unpaid and delinquent 1562 support to be placed upon motor vehicles, as defined in chapter 1563 320, and upon vessels, as defined in chapter 327, that are 1564 registered in the name of an obligor who is delinquent in 1565 support payments, if the title to the property is held by a 1566 lienholder, in the manner provided in chapter 319 or, if 1567 applicable in accordance with s. 328.15(9), chapter 328. Notice 1568 of lien shall not be mailed unless the delinquency in support 1569 exceeds $600. 1570 (2) If the first lienholder fails, neglects, or refuses to 1571 forward the certificate of title to the appropriate department 1572 as requested pursuant to s. 319.24 or, if applicable in 1573 accordance with s. 328.15(9), s. 328.15, the director of the IV 1574 D program, or the director’s designee, may apply to the circuit 1575 court for an order to enforce the requirements of s. 319.24 or 1576 s. 328.15, whichever applies. 1577 Section 29. Subsection (2) of section 705.103, Florida 1578 Statutes, is amended to read: 1579 705.103 Procedure for abandoned or lost property.— 1580 (2) Whenever a law enforcement officer ascertains that an 1581 article of lost or abandoned property is present on public 1582 property and is of such nature that it cannot be easily removed, 1583 the officer shall cause a notice to be placed upon such article 1584 in substantially the following form: 1585 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 1586 PROPERTY. This property, to wit: ...(setting forth brief 1587 description)... is unlawfully upon public property known as 1588 ...(setting forth brief description of location)... and must be 1589 removed within 5 days; otherwise, it will be removed and 1590 disposed of pursuant to chapter 705, Florida Statutes. The owner 1591 will be liable for the costs of removal, storage, and 1592 publication of notice. Dated this: ...(setting forth the date of 1593 posting of notice)..., signed: ...(setting forth name, title, 1594 address, and telephone number of law enforcement officer).... 1595 Such notice shall be not less than 8 inches by 10 inches and 1596 shall be sufficiently weatherproof to withstand normal exposure 1597 to the elements. In addition to posting, the law enforcement 1598 officer shall make a reasonable effort to ascertain the name and 1599 address of the owner. If such is reasonably available to the 1600 officer, she or he shall mail a copy of such notice to the owner 1601 on or before the date of posting. If the property is a motor 1602 vehicle as defined in s. 320.01(1) or a vessel as defined in s. 1603 327.02, the law enforcement agency shall contact the Department 1604 of Highway Safety and Motor Vehicles in order to determine the 1605 name and address of the owner and any person who has filed a 1606 lien on the vehicle or vessel as provided in s. 319.27(2) or (3) 1607or s. 328.15(1). On receipt of this information, the law 1608 enforcement agency shall mail a copy of the notice by certified 1609 mail, return receipt requested, to the owner and to the 1610 lienholder, if any, except that a law enforcement officer who 1611 has issued a citation for a violation of s. 823.11 to the owner 1612 of a derelict vessel is not required to mail a copy of the 1613 notice by certified mail, return receipt requested, to the 1614 owner. If, at the end of 5 days after posting the notice and 1615 mailing such notice, if required, the owner or any person 1616 interested in the lost or abandoned article or articles 1617 described has not removed the article or articles from public 1618 property or shown reasonable cause for failure to do so, the 1619 following shall apply: 1620 (a) For abandoned property, the law enforcement agency may 1621 retain any or all of the property for its own use or for use by 1622 the state or unit of local government, trade such property to 1623 another unit of local government or state agency, donate the 1624 property to a charitable organization, sell the property, or 1625 notify the appropriate refuse removal service. 1626 (b) For lost property, the officer shall take custody and 1627 the agency shall retain custody of the property for 90 days. The 1628 agency shall publish notice of the intended disposition of the 1629 property, as provided in this section, during the first 45 days 1630 of this time period. 1631 1. If the agency elects to retain the property for use by 1632 the unit of government, donate the property to a charitable 1633 organization, surrender such property to the finder, sell the 1634 property, or trade the property to another unit of local 1635 government or state agency, notice of such election shall be 1636 given by an advertisement published once a week for 2 1637 consecutive weeks in a newspaper of general circulation in the 1638 county where the property was found if the value of the property 1639 is more than $100. If the value of the property is $100 or less, 1640 notice shall be given by posting a description of the property 1641 at the law enforcement agency where the property was turned in. 1642 The notice must be posted for not less than 2 consecutive weeks 1643 in a public place designated by the law enforcement agency. The 1644 notice must describe the property in a manner reasonably 1645 adequate to permit the rightful owner of the property to claim 1646 it. 1647 2. If the agency elects to sell the property, it must do so 1648 at public sale by competitive bidding. Notice of the time and 1649 place of the sale shall be given by an advertisement of the sale 1650 published once a week for 2 consecutive weeks in a newspaper of 1651 general circulation in the county where the sale is to be held. 1652 The notice shall include a statement that the sale shall be 1653 subject to any and all liens. The sale must be held at the 1654 nearest suitable place to that where the lost or abandoned 1655 property is held or stored. The advertisement must include a 1656 description of the goods and the time and place of the sale. The 1657 sale may take place no earlier than 10 days after the final 1658 publication. If there is no newspaper of general circulation in 1659 the county where the sale is to be held, the advertisement shall 1660 be posted at the door of the courthouse and at three other 1661 public places in the county at least 10 days prior to sale. 1662 Notice of the agency’s intended disposition shall describe the 1663 property in a manner reasonably adequate to permit the rightful 1664 owner of the property to identify it. 1665 Section 30. Paragraph (c) of subsection (2) of section 1666 721.08, Florida Statutes, is amended to read: 1667 721.08 Escrow accounts; nondisturbance instruments; 1668 alternate security arrangements; transfer of legal title.— 1669 (2) One hundred percent of all funds or other property 1670 which is received from or on behalf of purchasers of the 1671 timeshare plan or timeshare interest prior to the occurrence of 1672 events required in this subsection shall be deposited pursuant 1673 to an escrow agreement approved by the division. The funds or 1674 other property may be released from escrow only as follows: 1675 (c) Compliance with conditions.— 1676 1. Timeshare licenses.—If the timeshare plan is one in 1677 which timeshare licenses are to be sold and no cancellation or 1678 default has occurred, the escrow agent may release the escrowed 1679 funds or other property to or on the order of the developer upon 1680 presentation of: 1681 a. An affidavit by the developer that all of the following 1682 conditions have been met: 1683 (I) Expiration of the cancellation period. 1684 (II) Completion of construction. 1685 (III) Closing. 1686 (IV) Either: 1687 (A) Execution, delivery, and recordation by each 1688 interestholder of the nondisturbance and notice to creditors 1689 instrument, as described in this section; or 1690 (B) Transfer by the developer of legal title to the subject 1691 accommodations and facilities, or all use rights therein, into a 1692 trust satisfying the requirements of subparagraph 4. and the 1693 execution, delivery, and recordation by each other 1694 interestholder of the nondisturbance and notice to creditors 1695 instrument, as described in this section. 1696 b. A certified copy of each recorded nondisturbance and 1697 notice to creditors instrument. 1698 c. One of the following: 1699 (I) A copy of a memorandum of agreement, as defined in s. 1700 721.05, together with satisfactory evidence that the original 1701 memorandum of agreement has been irretrievably delivered for 1702 recording to the appropriate official responsible for 1703 maintaining the public records in the county in which the 1704 subject accommodations and facilities are located. The original 1705 memorandum of agreement must be recorded within 180 days after 1706 the date on which the purchaser executed her or his purchase 1707 agreement. 1708 (II) A notice delivered for recording to the appropriate 1709 official responsible for maintaining the public records in each 1710 county in which the subject accommodations and facilities are 1711 located notifying all persons of the identity of an independent 1712 escrow agent or trustee satisfying the requirements of 1713 subparagraph 4. that shall maintain separate books and records, 1714 in accordance with good accounting practices, for the timeshare 1715 plan in which timeshare licenses are to be sold. The books and 1716 records shall indicate each accommodation and facility that is 1717 subject to such a timeshare plan and each purchaser of a 1718 timeshare license in the timeshare plan. 1719 2. Timeshare estates.—If the timeshare plan is one in which 1720 timeshare estates are to be sold and no cancellation or default 1721 has occurred, the escrow agent may release the escrowed funds or 1722 other property to or on the order of the developer upon 1723 presentation of: 1724 a. An affidavit by the developer that all of the following 1725 conditions have been met: 1726 (I) Expiration of the cancellation period. 1727 (II) Completion of construction. 1728 (III) Closing. 1729 b. If the timeshare estate is sold by agreement for deed, a 1730 certified copy of the recorded nondisturbance and notice to 1731 creditors instrument, as described in this section. 1732 c. Evidence that each accommodation and facility: 1733 (I) Is free and clear of the claims of any interestholders, 1734 other than the claims of interestholders that, through a 1735 recorded instrument, are irrevocably made subject to the 1736 timeshare instrument and the use rights of purchasers made 1737 available through the timeshare instrument; 1738 (II) Is the subject of a recorded nondisturbance and notice 1739 to creditors instrument that complies with subsection (3) and s. 1740 721.17; or 1741 (III) Has been transferred into a trust satisfying the 1742 requirements of subparagraph 4. 1743 d. Evidence that the timeshare estate: 1744 (I) Is free and clear of the claims of any interestholders, 1745 other than the claims of interestholders that, through a 1746 recorded instrument, are irrevocably made subject to the 1747 timeshare instrument and the use rights of purchasers made 1748 available through the timeshare instrument; or 1749 (II) Is the subject of a recorded nondisturbance and notice 1750 to creditors instrument that complies with subsection (3) and s. 1751 721.17. 1752 3. Personal property timeshare interests.—If the timeshare 1753 plan is one in which personal property timeshare interests are 1754 to be sold and no cancellation or default has occurred, the 1755 escrow agent may release the escrowed funds or other property to 1756 or on the order of the developer upon presentation of: 1757 a. An affidavit by the developer that all of the following 1758 conditions have been met: 1759 (I) Expiration of the cancellation period. 1760 (II) Completion of construction. 1761 (III) Closing. 1762 b. If the personal property timeshare interest is sold by 1763 agreement for transfer, evidence that the agreement for transfer 1764 complies fully with s. 721.06 and this section. 1765 c. Evidence that one of the following has occurred: 1766 (I) Transfer by the owner of the underlying personal 1767 property of legal title to the subject accommodations and 1768 facilities or all use rights therein into a trust satisfying the 1769 requirements of subparagraph 4.; or 1770 (II) Transfer by the owner of the underlying personal 1771 property of legal title to the subject accommodations and 1772 facilities or all use rights therein into an owners’ association 1773 satisfying the requirements of subparagraph 5. 1774 d. Evidence of compliance with the provisions of 1775 subparagraph 6., if required. 1776 e. If a personal property timeshare plan is created with 1777 respect to accommodations and facilities that are located on or 1778 in an oceangoing vessel, including a “documented vessel” or a 1779 “foreign vessel,” as defined and governed by 46 U.S.C. chapter 1780 301: 1781 (I) In making the transfer required in sub-subparagraph c., 1782 the developer shall use as its transfer instrument a document 1783 that establishes and protects the continuance of the use rights 1784 in the subject accommodations and facilities in a manner that is 1785 enforceable by the trust or owners’ association. 1786 (II) The transfer instrument shall comply fully with the 1787 provisions of this chapter, shall be part of the timeshare 1788 instrument, and shall contain specific provisions that: 1789 (A) Prohibit the vessel owner, the developer, any manager 1790 or operator of the vessel, the owners’ association or the 1791 trustee, the managing entity, or any other person from incurring 1792 any liens against the vessel except for liens that are required 1793 for the operation and upkeep of the vessel, including liens for 1794 fuel expenditures, repairs, crews’ wages, and salvage, and 1795 except as provided in sub-sub-subparagraphs 4.b.(III) and 1796 5.b.(III). All expenses, fees, and taxes properly incurred in 1797 connection with the creation, satisfaction, and discharge of any 1798 such permitted lien, or a prorated portion thereof if less than 1799 all of the accommodations on the vessel are subject to the 1800 timeshare plan, shall be common expenses of the timeshare plan. 1801 (B) Grant a lien against the vessel in favor of the owners’ 1802 association or trustee to secure the full and faithful 1803 performance of the vessel owner and developer of all of their 1804 obligations to the purchasers. 1805 (C) Establish governing law in a jurisdiction that 1806 recognizes and will enforce the timeshare instrument and the 1807 laws of the jurisdiction of registry of the vessel. 1808 (D) Require that a description of the use rights of 1809 purchasers be posted and displayed on the vessel in a manner 1810 that will give notice of such rights to any party examining the 1811 vessel. This notice must identify the owners’ association or 1812 trustee and include a statement disclosing the limitation on 1813 incurring liens against the vessel described in sub-sub-sub 1814 subparagraph (A). 1815 (E) Include the nondisturbance and notice to creditors 1816 instrument for the vessel owner and any other interestholders. 1817 (F) The owners’ association created under subparagraph 5. 1818 or trustee created under subparagraph 4. shall have access to 1819 any certificates of classification in accordance with the 1820 timeshare instrument. 1821 (III) If the vessel is a foreign vessel, the vessel must be 1822 registered in a jurisdiction that permits a filing evidencing 1823 the use rights of purchasers in the subject accommodations and 1824 facilities, offers protection for such use rights against 1825 unfiled and inferior claims, and recognizes the document or 1826 instrument creating such use rights as a lien against the 1827 vessel. 1828 (IV) In addition to the disclosures required by s. 1829 721.07(5), the public offering statement and purchase contract 1830 must contain a disclosure in conspicuous type in substantially 1831 the following form: 1832 1833 The laws of the State of Florida govern the offering of this 1834 timeshare plan in this state. There are inherent risks in 1835 purchasing a timeshare interest in this timeshare plan because 1836 the accommodations and facilities of the timeshare plan are 1837 located on a vessel that will sail into international waters and 1838 into waters governed by many different jurisdictions. Therefore, 1839 the laws of the State of Florida cannot fully protect your 1840 purchase of an interest in this timeshare plan. Specifically, 1841 management and operational issues may need to be addressed in 1842 the jurisdiction in which the vessel is registered, which is 1843 (insert jurisdiction in which vessel is registered). Concerns of 1844 purchasers may be sent to (insert name of applicable regulatory 1845 agency and address). 1846 1847 4. Trust.— 1848 a. If the subject accommodations or facilities, or all use 1849 rights therein, are to be transferred into a trust in order to 1850 comply with this paragraph, such transfer shall take place 1851 pursuant to this subparagraph. If the accommodations or 1852 facilities included in such transfer are subject to a lease, the 1853 unexpired term of the lease must be disclosed as the term of the 1854 timeshare plan pursuant to s. 721.07(5)(f)4. 1855 b. Prior to the transfer of the subject accommodations and 1856 facilities, or all use rights therein, to a trust, any lien or 1857 other encumbrance against such accommodations and facilities, or 1858 use rights therein, shall be made subject to a nondisturbance 1859 and notice to creditors instrument pursuant to subsection (3). 1860 No transfer pursuant to this subparagraph shall become effective 1861 until the trustee accepts such transfer and the responsibilities 1862 set forth herein. A trust established pursuant to this 1863 subparagraph shall comply with the following provisions: 1864 (I) The trustee shall be an individual or a business entity 1865 authorized and qualified to conduct trust business in this 1866 state. Any corporation authorized to do business in this state 1867 may act as trustee in connection with a timeshare plan pursuant 1868 to this chapter. The trustee must be independent from any 1869 developer or managing entity of the timeshare plan or any 1870 interestholder of any accommodation or facility of such plan. 1871 (II) The trust shall be irrevocable so long as any 1872 purchaser has a right to occupy any portion of the timeshare 1873 property pursuant to the timeshare plan. 1874 (III) The trustee shall not convey, hypothecate, mortgage, 1875 assign, lease, or otherwise transfer or encumber in any fashion 1876 any interest in or portion of the timeshare property with 1877 respect to which any purchaser has a right of use or occupancy 1878 unless the timeshare plan is terminated pursuant to the 1879 timeshare instrument, or such conveyance, hypothecation, 1880 mortgage, assignment, lease, transfer, or encumbrance is 1881 approved by a vote of two-thirds of all voting interests of the 1882 timeshare plan. Subject to s. 721.552, a vote of the voting 1883 interests of the timeshare plan is not required for substitution 1884 or automatic deletion of accommodations or facilities. 1885 (IV) All purchasers of the timeshare plan or the owners’ 1886 association of the timeshare plan shall be the express 1887 beneficiaries of the trust. The trustee shall act as a fiduciary 1888 to the beneficiaries of the trust. The personal liability of the 1889 trustee shall be governed by ss. 736.08125, 736.08163, 736.1013, 1890 and 736.1015. The agreement establishing the trust shall set 1891 forth the duties of the trustee. The trustee shall be required 1892 to furnish promptly to the division upon request a copy of the 1893 complete list of the names and addresses of the owners in the 1894 timeshare plan and a copy of any other books and records of the 1895 timeshare plan required to be maintained pursuant to s. 721.13 1896 that are in the possession, custody, or control of the trustee. 1897 All expenses reasonably incurred by the trustee in the 1898 performance of its duties, together with any reasonable 1899 compensation of the trustee, shall be common expenses of the 1900 timeshare plan. 1901 (V) The trustee shall not resign upon less than 90 days’ 1902 prior written notice to the managing entity and the division. No 1903 resignation shall become effective until a substitute trustee, 1904 approved by the division, is appointed by the managing entity 1905 and accepts the appointment. 1906 (VI) The documents establishing the trust arrangement shall 1907 constitute a part of the timeshare instrument. 1908 (VII) For trusts holding property in a timeshare plan 1909 located outside this state, the trust and trustee holding such 1910 property shall be deemed in compliance with the requirements of 1911 this subparagraph if such trust and trustee are authorized and 1912 qualified to conduct trust business under the laws of such 1913 jurisdiction and the agreement or law governing such trust 1914 arrangement provides substantially similar protections for the 1915 purchaser as are required in this subparagraph for trusts 1916 holding property in a timeshare plan in this state. 1917 (VIII) The trustee shall have appointed a registered agent 1918 in this state for service of process. In the event such a 1919 registered agent is not appointed, service of process may be 1920 served pursuant to s. 721.265. 1921 5. Owners’ association.— 1922 a. If the subject accommodations or facilities, or all use 1923 rights therein, are to be transferred into an owners’ 1924 association in order to comply with this paragraph, such 1925 transfer shall take place pursuant to this subparagraph. 1926 b. Before the transfer of the subject accommodations and 1927 facilities, or all use rights therein, to an owners’ 1928 association, any lien or other encumbrance against such 1929 accommodations and facilities, or use rights therein, shall be 1930 made subject to a nondisturbance and notice to creditors 1931 instrument pursuant to subsection (3). No transfer pursuant to 1932 this subparagraph shall become effective until the owners’ 1933 association accepts such transfer and the responsibilities set 1934 forth herein. An owners’ association established pursuant to 1935 this subparagraph shall comply with the following provisions: 1936 (I) The owners’ association shall be a business entity 1937 authorized and qualified to conduct business in this state. 1938 Control of the board of directors of the owners’ association 1939 must be independent from any developer or managing entity of the 1940 timeshare plan or any interestholder. 1941 (II) The bylaws of the owners’ association shall provide 1942 that the corporation may not be voluntarily dissolved without 1943 the unanimous vote of all owners of personal property timeshare 1944 interests so long as any purchaser has a right to occupy any 1945 portion of the timeshare property pursuant to the timeshare 1946 plan. 1947 (III) The owners’ association shall not convey, 1948 hypothecate, mortgage, assign, lease, or otherwise transfer or 1949 encumber in any fashion any interest in or portion of the 1950 timeshare property with respect to which any purchaser has a 1951 right of use or occupancy, unless the timeshare plan is 1952 terminated pursuant to the timeshare instrument, or unless such 1953 conveyance, hypothecation, mortgage, assignment, lease, 1954 transfer, or encumbrance is approved by a vote of two-thirds of 1955 all voting interests of the association and such decision is 1956 declared by a court of competent jurisdiction to be in the best 1957 interests of the purchasers of the timeshare plan. The owners’ 1958 association shall notify the division in writing within 10 days 1959 after receiving notice of the filing of any petition relating to 1960 obtaining such a court order. The division shall have standing 1961 to advise the court of the division’s interpretation of the 1962 statute as it relates to the petition. 1963 (IV) All purchasers of the timeshare plan shall be members 1964 of the owners’ association and shall be entitled to vote on 1965 matters requiring a vote of the owners’ association as provided 1966 in this chapter or the timeshare instrument. The owners’ 1967 association shall act as a fiduciary to the purchasers of the 1968 timeshare plan. The articles of incorporation establishing the 1969 owners’ association shall set forth the duties of the owners’ 1970 association. All expenses reasonably incurred by the owners’ 1971 association in the performance of its duties, together with any 1972 reasonable compensation of the officers or directors of the 1973 owners’ association, shall be common expenses of the timeshare 1974 plan. 1975 (V) The documents establishing the owners’ association 1976 shall constitute a part of the timeshare instrument. 1977 (VI) For owners’ associations holding property in a 1978 timeshare plan located outside this state, the owners’ 1979 association holding such property shall be deemed in compliance 1980 with the requirements of this subparagraph if such owners’ 1981 association is authorized and qualified to conduct owners’ 1982 association business under the laws of such jurisdiction and the 1983 agreement or law governing such arrangement provides 1984 substantially similar protections for the purchaser as are 1985 required in this subparagraph for owners’ associations holding 1986 property in a timeshare plan in this state. 1987 (VII) The owners’ association shall have appointed a 1988 registered agent in this state for service of process. In the 1989 event such a registered agent cannot be located, service of 1990 process may be made pursuant to s. 721.265. 1991 6. Personal property subject to certificate of title.—If 1992 any personal property that is an accommodation or facility of a 1993 timeshare plan is subject to a certificate of title in this 1994 state pursuant to chapter 319 or chapter 328, the following 1995 notation must be made on such certificate of title pursuant to 1996 s. 319.27(1) or s. 328.15s. 328.15(1): 1997 1998 The further transfer or encumbrance of the property subject to 1999 this certificate of title, or any lien or encumbrance thereon, 2000 is subject to the requirements of section 721.17, Florida 2001 Statutes, and the transferee or lienor agrees to be bound by all 2002 of the obligations set forth therein. 2003 2004 7. If the developer has previously provided a certified 2005 copy of any document required by this paragraph, she or he may 2006 for all subsequent disbursements substitute a true and correct 2007 copy of the certified copy, provided no changes to the document 2008 have been made or are required to be made. 2009 8. In the event that use rights relating to an 2010 accommodation or facility are transferred into a trust pursuant 2011 to subparagraph 4. or into an owners’ association pursuant to 2012 subparagraph 5., all other interestholders, including the owner 2013 of the underlying fee or underlying personal property, must 2014 execute a nondisturbance and notice to creditors instrument 2015 pursuant to subsection (3). 2016 Section 31. (1) The rights, duties, and interests flowing 2017 from a transaction, certificate of title, or record relating to 2018 a vessel which was validly entered into or created before the 2019 effective date of this act and would be subject to this act if 2020 it had been entered into or created on or after the effective 2021 date of this act remain valid on and after the effective date of 2022 this act. 2023 (2) This act does not affect an action or a proceeding 2024 commenced before the effective date of this act. 2025 (3) Except as otherwise provided in subsection (4), a 2026 security interest that is enforceable immediately before the 2027 effective date of this act and would have priority over the 2028 rights of a person who becomes a lien creditor at that time is a 2029 perfected security interest under this act. 2030 (4) A security interest perfected immediately before the 2031 effective date of this act remains perfected until the earlier 2032 of: 2033 (a) The time perfection would have ceased under the law 2034 under which the security interest was perfected; or 2035 (b) Three years after the effective date of this act. 2036 (5) This act does not affect the priority of a security 2037 interest in a vessel if immediately before the effective date of 2038 this act the security interest is enforceable and perfected, and 2039 that priority is established. 2040 Section 32. Subject to section 25, this act applies to any 2041 transaction, certificate of title, or record relating to a 2042 vessel, even if the transaction, certificate of title, or record 2043 was entered into or created before the effective date of this 2044 act. 2045 Section 33. This act shall take effect July 1, 2023. 2046 2047 ================= T I T L E A M E N D M E N T ================ 2048 And the title is amended as follows: 2049 Delete everything before the enacting clause 2050 and insert: 2051 A bill to be entitled 2052 An act relating to certificates of title for vessels; 2053 creating s. 328.001, F.S.; providing a short title; 2054 creating s. 328.0015, F.S.; providing definitions; 2055 amending s. 328.01, F.S.; revising requirements for 2056 application for, and information to be included in, a 2057 certificate of title for a vessel; creating s. 2058 328.015, F.S.; requiring the Department of Highway 2059 Safety and Motor Vehicles to retain certain 2060 information relating to ownership and titling of 2061 vessels; requiring the department to furnish certain 2062 information upon request; creating s. 328.02, F.S.; 2063 providing that the law of the state under which a 2064 vessel’s certificate of title is covered governs all 2065 issues relating to a certificate of title; specifying 2066 when a vessel becomes covered by such certificate; 2067 amending s. 328.03, F.S.; requiring a vessel owner to 2068 deliver an application for certificate of title to the 2069 department by a specified time; revising circumstances 2070 under which a vessel must be titled by this state; 2071 providing requirements for issuing, transferring, or 2072 renewing the number of an undocumented vessel issued 2073 under certain federal provisions; deleting provisions 2074 relating to operation, use, or storage of a vessel; 2075 deleting provisions relating to selling, assigning, or 2076 transferring a vessel; specifying that a certificate 2077 of title is prima facie evidence of the accuracy of 2078 the information in the record that constitutes the 2079 certificate; creating s. 328.04, F.S.; providing 2080 requirements for the contents of a certificate of 2081 title; creating s. 328.045, F.S.; providing 2082 responsibilities of an owner and insurer of a hull 2083 damaged vessel when transferring an ownership interest 2084 in the vessel; requiring the department to create a 2085 new certificate indicating such damage; providing 2086 civil penalties; creating s. 328.055, F.S.; requiring 2087 the department to maintain certain information in its 2088 files and to provide certain information to 2089 governmental entities; specifying that certain 2090 information is a public record; creating s. 328.06, 2091 F.S.; providing responsibilities of the department 2092 when creating a certificate of title; creating s. 2093 328.065, F.S.; specifying effect of possession of a 2094 certificate of title; providing construction; amending 2095 s. 328.09, F.S.; providing duties of the department 2096 relating to creation, issuance, refusal to issue, or 2097 cancellation of a certificate of title; providing for 2098 a hearing; creating s. 328.101, F.S.; specifying that 2099 a certificate of title and certain other records are 2100 effective despite missing or incorrect information; 2101 amending s. 328.11, F.S.; providing requirements for 2102 obtaining a duplicate certificate of title; creating 2103 s. 328.12, F.S.; providing requirements for 2104 determination and perfection of a security interest in 2105 a vessel; providing applicability; creating s. 2106 328.125, F.S.; providing requirements for the delivery 2107 of a statement of termination of a security interest; 2108 providing duties of the department; providing 2109 liability for noncompliance; creating s. 328.14, F.S.; 2110 providing for the rights of a purchaser of a vessel 2111 who is not a secured party; creating s. 328.145, F.S.; 2112 providing for the rights of a secured party; amending 2113 s. 328.15, F.S.; deleting certain provisions relating 2114 to notice of a lien; providing for future expiration 2115 of certain provisions; amending ss. 328.16 and 2116 328.165, F.S.; conforming provisions to changes made 2117 by the act; creating s. 328.215, F.S.; specifying 2118 circumstances under which the department may create a 2119 new certificate of title after receipt of an 2120 application for a transfer of ownership or termination 2121 of a security interest unaccompanied by a certificate 2122 of title; authorizing the department to indicate 2123 certain information on the new certificate; 2124 authorizing the department to require a bond, 2125 indemnity, or other security; providing for the 2126 release of such bond, indemnity, or other security; 2127 providing that the department is not liable for 2128 creating a certificate of title based on erroneous or 2129 fraudulent information; providing penalties; creating 2130 s. 328.22, F.S.; providing requirements for the 2131 transfer of ownership in a vessel; providing effect of 2132 noncompliance; creating s. 328.23, F.S.; providing a 2133 definition; providing duties of the department upon 2134 receipt of a secured party’s transfer statement; 2135 providing construction; creating s. 328.24, F.S.; 2136 providing a definition; providing requirements for a 2137 transfer of ownership by operation of law; providing 2138 duties of the department; providing applicability; 2139 creating s. 328.25, F.S.; providing that the 2140 principles and law of equity supplement the provisions 2141 of the act; creating s. 328.41, F.S.; authorizing the 2142 department to adopt rules to implement vessel 2143 registration provisions; amending ss. 409.2575, 2144 705.103, and 721.08, F.S.; conforming provisions and 2145 cross-references to changes made by the act; providing 2146 construction and applicability regarding transactions, 2147 certificates of title, and records entered into or 2148 created, actions or proceedings commenced, and 2149 security interests perfected before the effective date 2150 of the act; providing applicability; providing an 2151 effective date.