Florida Senate - 2019                       CS for CS for SB 676
       
       
        
       By the Committees on Appropriations; and Infrastructure and
       Security; and Senator Hooper
       
       
       
       
       576-04607-19                                           2019676c2
    1                        A bill to be entitled                      
    2         An act relating to certificates of title for vessels;
    3         creating s. 328.001, F.S.; providing a short title;
    4         creating s. 328.0015, F.S.; providing definitions;
    5         amending s. 328.01, F.S.; revising requirements for
    6         application for, and information to be included in, a
    7         certificate of title for a vessel; creating s.
    8         328.015, F.S.; requiring the Department of Highway
    9         Safety and Motor Vehicles to retain certain
   10         information relating to ownership and titling of
   11         vessels; requiring the department to furnish certain
   12         information upon request; creating s. 328.02, F.S.;
   13         providing that the law of the state under which a
   14         vessel’s certificate of title is covered governs all
   15         issues relating to a certificate of title; specifying
   16         when a vessel becomes covered by such certificate;
   17         amending s. 328.03, F.S.; requiring a vessel owner to
   18         deliver an application for certificate of title to the
   19         department by a specified time; revising circumstances
   20         under which a vessel must be titled by this state;
   21         providing requirements for issuing, transferring, or
   22         renewing the number of an undocumented vessel issued
   23         under certain federal provisions; deleting provisions
   24         relating to operation, use, or storage of a vessel;
   25         deleting provisions relating to selling, assigning, or
   26         transferring a vessel; specifying that a certificate
   27         of title is prima facie evidence of the accuracy of
   28         the information in the record that constitutes the
   29         certificate; creating s. 328.04, F.S.; providing
   30         requirements for the contents of a certificate of
   31         title; creating s. 328.045, F.S.; providing
   32         responsibilities of an owner and insurer of a hull
   33         damaged vessel when transferring an ownership interest
   34         in the vessel; requiring the department to create a
   35         new certificate indicating such damage; providing
   36         civil penalties; creating s. 328.055, F.S.; requiring
   37         the department to maintain certain information in its
   38         files and to provide certain information to
   39         governmental entities; specifying that certain
   40         information is a public record; creating s. 328.06,
   41         F.S.; providing responsibilities of the department
   42         when creating a certificate of title; creating s.
   43         328.065, F.S.; specifying effect of possession of a
   44         certificate of title; providing construction; amending
   45         s. 328.09, F.S.; providing duties of the department
   46         relating to creation, issuance, refusal to issue, or
   47         cancellation of a certificate of title; providing for
   48         a hearing; creating s. 328.101, F.S.; specifying that
   49         a certificate of title and certain other records are
   50         effective despite missing or incorrect information;
   51         amending s. 328.11, F.S.; providing requirements for
   52         obtaining a duplicate certificate of title; creating
   53         s. 328.12, F.S.; providing requirements for
   54         determination and perfection of a security interest in
   55         a vessel; providing applicability; creating s.
   56         328.125, F.S.; providing requirements for the delivery
   57         of a statement of termination of a security interest;
   58         providing duties of the department; providing
   59         liability for noncompliance; creating s. 328.14, F.S.;
   60         providing for the rights of a purchaser of a vessel
   61         who is not a secured party; creating s. 328.145, F.S.;
   62         providing for the rights of a secured party; amending
   63         s. 328.15, F.S.; deleting certain provisions relating
   64         to notice of a lien; providing for future expiration
   65         of certain provisions; amending ss. 328.16 and
   66         328.165, F.S.; conforming provisions to changes made
   67         by the act; creating s. 328.215, F.S.; specifying
   68         circumstances under which the department may create a
   69         new certificate of title after receipt of an
   70         application for a transfer of ownership or termination
   71         of a security interest unaccompanied by a certificate
   72         of title; authorizing the department to indicate
   73         certain information on the new certificate;
   74         authorizing the department to require a bond,
   75         indemnity, or other security; providing for the
   76         release of such bond, indemnity, or other security;
   77         providing that the department is not liable for
   78         creating a certificate of title based on erroneous or
   79         fraudulent information; providing penalties; creating
   80         s. 328.22, F.S.; providing requirements for the
   81         transfer of ownership in a vessel; providing effect of
   82         noncompliance; creating s. 328.23, F.S.; providing a
   83         definition; providing duties of the department upon
   84         receipt of a secured party’s transfer statement;
   85         providing construction; creating s. 328.24, F.S.;
   86         providing a definition; providing requirements for a
   87         transfer of ownership by operation of law; providing
   88         duties of the department; providing applicability;
   89         creating s. 328.25, F.S.; providing that the
   90         principles and law of equity supplement the provisions
   91         of the act; creating s. 328.41, F.S.; authorizing the
   92         department to adopt rules to implement vessel
   93         registration provisions; amending ss. 409.2575,
   94         705.103, and 721.08, F.S.; conforming provisions and
   95         cross-references to changes made by the act; providing
   96         construction and applicability regarding transactions,
   97         certificates of title, and records entered into or
   98         created, actions or proceedings commenced, and
   99         security interests perfected before the effective date
  100         of the act; providing applicability; providing an
  101         effective date.
  102          
  103  Be It Enacted by the Legislature of the State of Florida:
  104  
  105         Section 1. Section 328.001, Florida Statutes, is created to
  106  read:
  107         328.001Short title.—This part may be cited as the “Uniform
  108  Certificate of Title for Vessels Act.”
  109         Section 2. Section 328.0015, Florida Statutes, is created
  110  to read:
  111         328.0015Definitions.—
  112         (1)As used in this part, the term:
  113         (a)“Barge” means a vessel that is not self-propelled or
  114  fitted for propulsion by sail, paddle, oar, or a similar device.
  115         (b)“Builder’s certificate” means a certificate of the
  116  facts of build of a vessel described in 46 C.F.R. s. 67.99.
  117         (c)“Buyer” means a person who buys or contracts to buy a
  118  vessel.
  119         (d)“Cancel,” with respect to a certificate of title, means
  120  to make the certificate ineffective.
  121         (e)“Certificate of origin” means a record created by a
  122  manufacturer or an importer as the manufacturer’s or importer’s
  123  proof of identity of a vessel. The term includes a
  124  manufacturer’s certificate or statement of origin and an
  125  importer’s certificate or statement of origin. The term does not
  126  include a builder’s certificate.
  127         (f)“Certificate of title” means a record, created by the
  128  department or by a governmental agency of another jurisdiction
  129  under the law of that jurisdiction, that is designated as a
  130  certificate of title by the department or agency and is evidence
  131  of ownership of a vessel.
  132         (g)“Dealer” means a person, including a manufacturer, in
  133  the business of selling vessels.
  134         (h)“Department” means the Department of Highway Safety and
  135  Motor Vehicles.
  136         (i)“Documented vessel” means a vessel covered by a
  137  certificate of documentation issued pursuant to 46 U.S.C. s.
  138  12105. The term does not include a foreign-documented vessel.
  139         (j)“Electronic” means relating to technology having
  140  electrical, digital, magnetic, wireless, optical,
  141  electromagnetic, or similar capabilities.
  142         (k)“Electronic certificate of title” means a certificate
  143  of title consisting of information that is stored solely in an
  144  electronic medium and is retrievable in perceivable form.
  145         (l)“Foreign-documented vessel” means a vessel the
  146  ownership of which is recorded in a registry maintained by a
  147  country other than the United States which identifies each
  148  person who has an ownership interest in the vessel and includes
  149  a unique alphanumeric designation for the vessel.
  150         (m)“Good faith” means honesty in fact and the observance
  151  of reasonable commercial standards of fair dealing.
  152         (n)“Hull damaged” means compromised with respect to the
  153  integrity of a vessel’s hull by a collision, allision, lightning
  154  strike, fire, explosion, running aground, or similar occurrence,
  155  or the sinking of a vessel in a manner that creates a
  156  significant risk to the integrity of the vessel’s hull.
  157         (o)“Hull identification number” means the alphanumeric
  158  designation assigned to a vessel pursuant to 33 C.F.R. part 181.
  159         (p)“Lien creditor,” with respect to a vessel, means:
  160         1.A creditor that has acquired a lien on the vessel by
  161  attachment, levy, or the like;
  162         2.An assignee for benefit of creditors from the time of
  163  assignment;
  164         3.A trustee in bankruptcy from the date of the filing of
  165  the petition; or
  166         4.A receiver in equity from the time of appointment.
  167         (q)“Owner” means a person who has legal title to a vessel.
  168         (r)“Owner of record” means the owner indicated in the
  169  files of the department or, if the files indicate more than one
  170  owner, the one first indicated.
  171         (s)“Person” means an individual, a corporation, a business
  172  trust, an estate, a trust, a statutory trust, a partnership, a
  173  limited liability company, an association, a joint venture, a
  174  public corporation, a government or governmental subdivision, an
  175  agency, an instrumentality, or any other legal or commercial
  176  entity.
  177         (t)“Purchase” means to take by sale, lease, mortgage,
  178  pledge, consensual lien, security interest, gift, or any other
  179  voluntary transaction that creates an interest in a vessel.
  180         (u)“Purchaser” means a person who takes by purchase.
  181         (v)“Record” means information that is inscribed on a
  182  tangible medium or that is stored in an electronic or other
  183  medium and is retrievable in perceivable form.
  184         (w)“Secured party,” with respect to a vessel, means a
  185  person:
  186         1.In whose favor a security interest is created or
  187  provided for under a security agreement, regardless of whether
  188  any obligation to be secured is outstanding;
  189         2.Who is a consignor as defined under chapter 679; or
  190         3.Who holds a security interest arising under s. 672.401,
  191  s. 672.505, s. 672.711(3), or s. 680.508(5).
  192         (x)“Secured party of record” means the secured party whose
  193  name is indicated as the name of the secured party in the files
  194  of the department or, if the files indicate more than one
  195  secured party, the one first indicated.
  196         (y)“Security interest” means an interest in a vessel which
  197  secures payment or performance of an obligation if the interest
  198  is created by contract or arises under s. 672.401, s. 672.505,
  199  s. 672.711(3), or s. 680.508(5). The term includes any interest
  200  of a consignor in a vessel in a transaction that is subject to
  201  chapter 679. The term does not include the special property
  202  interest of a buyer of a vessel on identification of that vessel
  203  to a contract for sale under s. 672.501, but a buyer also may
  204  acquire a security interest by complying with chapter 679.
  205  Except as otherwise provided in s. 672.505, the right of a
  206  seller or lessor of a vessel under chapter 672 or chapter 680 to
  207  retain or acquire possession of the vessel is not a security
  208  interest, but a seller or lessor also may acquire a security
  209  interest by complying with chapter 679. The retention or
  210  reservation of title by a seller of a vessel notwithstanding
  211  shipment or delivery to the buyer under s. 672.401 is limited in
  212  effect to a reservation of a security interest. Whether a
  213  transaction in the form of a lease creates a security interest
  214  is determined as provided in part II of chapter 671.
  215         (z)“Sign” means, with present intent to authenticate or
  216  adopt a record, to:
  217         1.Make or adopt a tangible symbol; or
  218         2.Attach to or logically associate with the record an
  219  electronic symbol, sound, or process.
  220         (aa)“State” means a state of the United States, the
  221  District of Columbia, Puerto Rico, the United States Virgin
  222  Islands, or any territory or insular possession subject to the
  223  jurisdiction of the United States.
  224         (bb)“State of principal use” means the state on the waters
  225  of which a vessel is or will be used, operated, navigated, or
  226  employed more than on the waters of any other state during a
  227  calendar year.
  228         (cc)“Title brand” means a designation of previous damage,
  229  use, or condition that must be indicated on a certificate of
  230  title.
  231         (dd)“Transfer of ownership” means a voluntary or
  232  involuntary conveyance of an interest in a vessel.
  233         (ee)“Vessel” means a watercraft used or capable of being
  234  used as a means of transportation on water, except:
  235         1.A seaplane;
  236         2.An amphibious vehicle for which a certificate of title
  237  is issued pursuant to chapter 319 or a similar statute of
  238  another state;
  239         3.Nonmotor-powered watercraft less than 16 feet in length;
  240         4.A watercraft that operates only on a permanently fixed,
  241  manufactured course and the movement of which is restricted to
  242  or guided by means of a mechanical device to which the
  243  watercraft is attached or by which the watercraft is controlled;
  244         5.A stationary floating structure that:
  245         a.Does not have and is not designed to have a mode of
  246  propulsion of its own;
  247         b.Is dependent for utilities upon a continuous utility
  248  hookup to a source originating on shore; and
  249         c.Has a permanent, continuous hookup to a shoreside sewage
  250  system;
  251         6.Watercraft owned by the United States, a state, or a
  252  foreign government or a political subdivision of any of them;
  253  and
  254         7.A watercraft used solely as a lifeboat on another
  255  watercraft.
  256         (ff)“Vessel number” means the alphanumeric designation for
  257  a vessel issued pursuant to 46 U.S.C. s. 12301.
  258         (gg)“Written certificate of title” means a certificate of
  259  title consisting of information inscribed on a tangible medium.
  260         (2)The following definitions and terms also apply to this
  261  part:
  262         (a)“Agreement” as defined in s. 671.201(3).
  263         (b)“Buyer in ordinary course of business” as defined in s.
  264  671.201(9).
  265         (c)“Conspicuous” as defined in s. 671.201(10).
  266         (d)“Consumer goods” as defined in s. 679.1021(1)(w).
  267         (e)“Debtor” as defined in s. 679.1021(1)(bb).
  268         (f)“Knowledge” as defined in s. 671.209.
  269         (g)“Lease” as defined in s. 680.1031(1)(j).
  270         (h)“Lessor” as defined in 680.1031(1)(p).
  271         (i)“Notice” as defined s. 671.209.
  272         (j)“Representative” as defined in s. 671.201(36).
  273         (k)“Sale” as defined in s. 672.106(1).
  274         (l)“Security agreement” as defined in s. 679.1021(1)(uuu).
  275         (m)“Seller” as defined in s. 672.103(1)(d).
  276         (n)“Send” as defined in s. 671.201(39).
  277         (o)“Value” as defined in s. 671.211.
  278         Section 3. Section 328.01, Florida Statutes, is amended to
  279  read:
  280         328.01 Application for certificate of title.—
  281         (1)(a) The owner of a vessel which is required to be titled
  282  shall apply to the county tax collector for a certificate of
  283  title. Except as otherwise provided in ss. 328.045, 328.11,
  284  328.12, 328.215, 328.23, and 328.24, only an owner may apply for
  285  a certificate of title.
  286         (2)An application for a certificate of title must be
  287  signed by the applicant and contain:
  288         (a)The applicant’s name, the street address of the
  289  applicant’s principal residence, and, if different, the
  290  applicant’s mailing address;
  291         (b)The name and mailing address of each other owner of the
  292  vessel;
  293         (c)The hull identification number for the vessel or, if
  294  none, an application for the issuance of a hull identification
  295  number for the vessel;
  296         (d)The vessel number for the vessel or, if none is issued
  297  by the department, an application for a vessel number;
  298         (e)A description of the vessel as required by the
  299  department, which must include:
  300         1.The official number for the vessel, if any, assigned by
  301  the United States Coast Guard;
  302         2.The name of the manufacturer, builder, or maker;
  303         3.The model year or the year in which the manufacture or
  304  build of the vessel was completed;
  305         4.The overall length of the vessel;
  306         5.The vessel type;
  307         6.The hull material;
  308         7.The propulsion type;
  309         8.The engine drive type, if any; and
  310         9.The fuel type, if any;
  311         (f)An indication of all security interests in the vessel
  312  known to the applicant and the name and mailing address of each
  313  secured party;
  314         (g)A statement that the vessel is not a documented vessel
  315  or a foreign-documented vessel;
  316         (h)Any title brand known to the applicant and, if known,
  317  the jurisdiction under whose law the title brand was created;
  318         (i)If the applicant knows that the vessel is hull damaged,
  319  a statement that the vessel is hull damaged;
  320         (j)If the application is made in connection with a
  321  transfer of ownership, the transferor’s name, street address,
  322  and, if different, mailing address, the sales price, if any, and
  323  the date of the transfer; and
  324         (k)If the vessel was previously registered or titled in
  325  another jurisdiction, a statement identifying each jurisdiction
  326  known to the applicant in which the vessel was registered or
  327  titled.
  328         (3)In addition to the information required by subsection
  329  (2), an application for a certificate of title may contain an
  330  electronic address of the owner, transferor, or secured party.
  331         (4)Except as otherwise provided in s. 328.11, s. 328.215,
  332  s. 328.23, or s. 328.24, an application for a certificate of
  333  title must be accompanied by:
  334         (a)A certificate of title signed by the owner shown on the
  335  certificate and which:
  336         1.Identifies the applicant as the owner of the vessel; or
  337         2.Is accompanied by a record that identifies the applicant
  338  as the owner; or
  339         (b)If there is no certificate of title:
  340         1.If the vessel was a documented vessel, a record issued
  341  by the United States Coast Guard which shows the vessel is no
  342  longer a documented vessel and identifies the applicant as the
  343  owner;
  344         2.If the vessel was a foreign-documented vessel, a record
  345  issued by the foreign country which shows the vessel is no
  346  longer a foreign-documented vessel and identifies the applicant
  347  as the owner; or
  348         3.In all other cases, a certificate of origin, bill of
  349  sale, or other record that to the satisfaction of the department
  350  identifies the applicant as the owner.
  351         (5)A record submitted in connection with an application is
  352  part of the application. The department shall maintain the
  353  record in its files.
  354         (6)The department may require that an application for a
  355  certificate of title be accompanied by payment or evidence of
  356  payment of all fees and taxes payable by the applicant under the
  357  laws of this state, other than this part, in connection with the
  358  application or the acquisition or use of the vessel The
  359  application shall include the true name of the owner, the
  360  residence or business address of the owner, and the complete
  361  description of the vessel, including the hull identification
  362  number, except that an application for a certificate of title
  363  for a homemade vessel shall state all the foregoing information
  364  except the hull identification number.
  365         (7)(a) The application shall be signed by the owner and
  366  shall be accompanied by personal or business identification and
  367  the prescribed fee. An individual applicant must provide a valid
  368  driver license or identification card issued by this state or
  369  another state or a valid passport. A business applicant must
  370  provide a federal employer identification number, if applicable,
  371  verification that the business is authorized to conduct business
  372  in the state, or a Florida city or county business license or
  373  number.
  374         (b) The owner of an undocumented vessel that is exempt from
  375  titling may apply to the county tax collector for a certificate
  376  of title by filing an application accompanied by the prescribed
  377  fee.
  378         (2)(a)The owner of a manufactured vessel that was
  379  initially sold in this state for which vessel an application for
  380  an initial title is made shall establish proof of ownership by
  381  submitting with the application the original copy of the
  382  manufacturer’s statement of origin for that vessel.
  383         (b)The owner of a manufactured vessel that was initially
  384  sold in another state or country for which vessel an application
  385  for an initial title is made shall establish proof of ownership
  386  by submitting with the application:
  387         1.The original copy of the manufacturer’s statement of
  388  origin if the vessel was initially sold or manufactured in a
  389  state or country requiring the issuance of such a statement or
  390  the original copy of the executed bill of sale if the vessel was
  391  initially sold or manufactured in a state or country not
  392  requiring the issuance of a manufacturer’s statement of origin;
  393  and
  394         2.The most recent certificate of registration for the
  395  vessel, if such a certificate was issued.
  396         (c)In making application for an initial title, the owner
  397  of a homemade vessel shall establish proof of ownership by
  398  submitting with the application:
  399         1.A notarized statement of the builder or its equivalent,
  400  whichever is acceptable to the Department of Highway Safety and
  401  Motor Vehicles, if the vessel is less than 16 feet in length; or
  402         2.A certificate of inspection from the Fish and Wildlife
  403  Conservation Commission and a notarized statement of the builder
  404  or its equivalent, whichever is acceptable to the Department of
  405  Highway Safety and Motor Vehicles, if the vessel is 16 feet or
  406  more in length.
  407         (d)The owner of a nontitled vessel registered or
  408  previously registered in another state or country for which an
  409  application for title is made in this state shall establish
  410  proof of ownership by surrendering, with the submission of the
  411  application, the original copy of the most current certificate
  412  of registration issued by the other state or country.
  413         (e)The owner of a vessel titled in another state or
  414  country for which an application for title is made in this state
  415  shall not be issued a title unless and until all existing titles
  416  to the vessel are surrendered to the Department of Highway
  417  Safety and Motor Vehicles. The department shall retain the
  418  evidence of title which is presented by the applicant and on the
  419  basis of which the certificate of title is issued. The
  420  department shall use reasonable diligence in ascertaining
  421  whether the facts in the application are true; and, if satisfied
  422  that the applicant is the owner of the vessel and that the
  423  application is in the proper form, the department shall issue a
  424  certificate of title.
  425         (f)In making application for the titling of a vessel
  426  previously documented by the Federal Government, the current
  427  owner shall establish proof of ownership by submitting with the
  428  application a copy of the canceled documentation papers or a
  429  properly executed release-from-documentation certificate
  430  provided by the United States Coast Guard. In the event such
  431  documentation papers or certification are in the name of a
  432  person other than the current owner, the current owner shall
  433  provide the original copy of all subsequently executed bills of
  434  sale applicable to the vessel.
  435         (3)(a)In making application for a title upon transfer of
  436  ownership of a vessel, the new owner shall surrender to the
  437  Department of Highway Safety and Motor Vehicles the last title
  438  document issued for that vessel. The document shall be properly
  439  executed. Proper execution includes, but is not limited to, the
  440  previous owner’s signature and certification that the vessel to
  441  be transferred is debt-free or is subject to a lien. If a lien
  442  exists, the previous owner shall furnish the new owner, on forms
  443  supplied by the Department of Highway Safety and Motor Vehicles,
  444  the names and addresses of all lienholders and the dates of all
  445  liens, together with a statement from each lienholder that the
  446  lienholder has knowledge of and consents to the transfer of
  447  title to the new owner.
  448         (b)If the application for transfer of title is based upon
  449  a contractual default, the recorded lienholder shall establish
  450  proof of right to ownership by submitting with the application
  451  the original certificate of title and a copy of the applicable
  452  contract upon which the claim of ownership is made. If the claim
  453  is based upon a court order or judgment, a copy of such document
  454  shall accompany the application for transfer of title. If, on
  455  the basis of departmental records, there appears to be any other
  456  lien on the vessel, the certificate of title must contain a
  457  statement of such a lien, unless the application for a
  458  certificate of title is either accompanied by proper evidence of
  459  the satisfaction or extinction of the lien or contains a
  460  statement certifying that any lienholder named on the last
  461  issued certificate of title has been sent notice by certified
  462  mail, at least 5 days before the application was filed, of the
  463  applicant’s intention to seek a repossessed title. If such
  464  notice is given and no written protest to the department is
  465  presented by a subsequent lienholder within 15 days after the
  466  date on which the notice was mailed, the certificate of title
  467  shall be issued showing no liens. If the former owner or any
  468  subsequent lienholder files a written protest under oath within
  469  the 15-day period, the department shall not issue the
  470  repossessed certificate for 10 days thereafter. If, within the
  471  10-day period, no injunction or other order of a court of
  472  competent jurisdiction has been served on the department
  473  commanding it not to deliver the certificate, the department
  474  shall deliver the repossessed certificate to the applicant, or
  475  as is otherwise directed in the application, showing no other
  476  liens than those shown in the application.
  477         (c)In making application for transfer of title from a
  478  deceased titled owner, the new owner or surviving coowner shall
  479  establish proof of ownership by submitting with the application
  480  the original certificate of title and the decedent’s probated
  481  last will and testament or letters of administration appointing
  482  the personal representative of the decedent. In lieu of a
  483  probated last will and testament or letters of administration, a
  484  copy of the decedent’s death certificate, a copy of the
  485  decedent’s last will and testament, and an affidavit by the
  486  decedent’s surviving spouse or heirs affirming rights of
  487  ownership may be accepted by the department. If the decedent
  488  died intestate, a court order awarding the ownership of the
  489  vessel or an affidavit by the decedent’s surviving spouse or
  490  heirs establishing or releasing all rights of ownership and a
  491  copy of the decedent’s death certificate shall be submitted to
  492  the department.
  493         (c)(d) An owner or coowner who has made a bona fide sale or
  494  transfer of a vessel and has delivered possession thereof to a
  495  purchaser shall not, by reason of any of the provisions of this
  496  chapter, be considered the owner or coowner of the vessel so as
  497  to be subject to civil liability for the operation of the vessel
  498  thereafter by another if the owner or coowner has fulfilled
  499  either of the following requirements:
  500         1. The owner or coowner has delivered to the department, or
  501  has placed in the United States mail, addressed to the
  502  department, either the certificate of title, properly endorsed,
  503  or a notice in the form prescribed by the department; or
  504         2. The owner or coowner has made proper endorsement and
  505  delivery of the certificate of title as provided by this
  506  chapter. As used in this subparagraph, the term “proper
  507  endorsement” means:
  508         a. The signature of one coowner if the vessel is held in
  509  joint tenancy, signified by the vessel’s being registered in the
  510  names of two or more persons as coowners in the alternative by
  511  the use of the word “or.” In a joint tenancy, each coowner is
  512  considered to have granted to each of the other coowners the
  513  absolute right to dispose of the title and interest in the
  514  vessel, and, upon the death of a coowner, the interest of the
  515  decedent in the jointly held vessel passes to the surviving
  516  coowner or coowners. This sub-subparagraph is applicable even if
  517  the coowners are husband and wife; or
  518         b. The signatures of every coowner or of the respective
  519  personal representatives of the coowners if the vessel is
  520  registered in the names of two or more persons as coowners in
  521  the conjunctive by the use of the word “and.”
  522  
  523  The department shall adopt suitable language that must appear
  524  upon the certificate of title to effectuate the manner in which
  525  the interest in or title to the vessel is held.
  526         (8)(4) If the owner cannot furnish the department of
  527  Highway Safety and Motor Vehicles with all the required
  528  ownership documentation, the department may, at its discretion,
  529  issue a title conditioned on the owner’s agreement to indemnify
  530  the department and its agents and defend the title against all
  531  claims or actions arising out of such issuance.
  532         (9)(5)(a) An application for an initial title or a title
  533  transfer shall include payment of the applicable state sales tax
  534  or proof of payment of such tax.
  535         (b) An application for a title transfer between
  536  individuals, which transfer is not exempt from the payment of
  537  sales tax, shall include payment of the appropriate sales tax
  538  payable on the selling price for the complete vessel rig, which
  539  includes the vessel and its motor, trailer, and accessories, if
  540  any. If the applicant submits with his or her application an
  541  itemized, properly executed bill of sale which separately
  542  describes and itemizes the prices paid for each component of the
  543  rig, only the vessel and trailer will be subject to the sales
  544  tax.
  545         (10)(6) The department of Highway Safety and Motor Vehicles
  546  shall prescribe and provide suitable forms for applications,
  547  certificates of title, notices of security interests, and other
  548  notices and forms necessary to carry out the provisions of this
  549  chapter.
  550         Section 4. Section 328.015, Florida Statutes, is created to
  551  read:
  552         328.015Duties and operation of the department.—
  553         (1)The department shall retain the evidence used to
  554  establish the accuracy of the information in its files relating
  555  to the current ownership of a vessel and the information on the
  556  certificate of title.
  557         (2)The department shall retain in its files all
  558  information regarding a security interest in a vessel for at
  559  least 10 years after the department receives a termination
  560  statement regarding the security interest. The information must
  561  be accessible by the hull identification number for the vessel
  562  and any other methods provided by the department.
  563         (3)If a person submits a record to the department, or
  564  submits information that is accepted by the department, and
  565  requests an acknowledgment of the filing or submission, the
  566  department shall send to the person an acknowledgment showing
  567  the hull identification number of the vessel to which the record
  568  or submission relates, the information in the filed record or
  569  submission, and the date and time the record was received or the
  570  submission was accepted. A request under this section must
  571  contain the hull identification number and be delivered by means
  572  authorized by the department.
  573         (4)The department shall send or otherwise make available
  574  in a record the following information to any person who requests
  575  it and pays the applicable fee:
  576         (a)Whether the files of the department indicate, as of a
  577  date and time specified by the department, but not a date
  578  earlier than 3 days before the department received the request,
  579  any certificate of title, security interest, termination
  580  statement, or title brand that relates to a vessel:
  581         1.Identified by a hull identification number designated in
  582  the request;
  583         2.Identified by a vessel number designated in the request;
  584  or
  585         3.Owned by a person designated in the request;
  586         (b)With respect to the vessel:
  587         1.The name and address of any owner as indicated in the
  588  files of the department or on the certificate of title;
  589         2.The name and address of any secured party as indicated
  590  in the files of the department or on the certificate, and the
  591  effective date of the information; and
  592         3.A copy of any termination statement indicated in the
  593  files of the department and the effective date of the
  594  termination statement; and
  595         (c)With respect to the vessel, a copy of any certificate
  596  of origin, secured party transfer statement, transfer-by-law
  597  statement under s. 328.24, and other evidence of previous or
  598  current transfers of ownership.
  599         (5)In responding to a request under this section, the
  600  department may provide the requested information in any medium.
  601  On request, the department shall send the requested information
  602  in a record that is self-authenticating.
  603         Section 5. Section 328.02, Florida Statutes, is created to
  604  read:
  605         328.02Law governing vessel covered by certificate of
  606  title.—
  607         (1)The law of the state under which a vessel’s certificate
  608  of title is covered governs all issues relating to the
  609  certificate from the time the vessel becomes covered by the
  610  certificate until the vessel becomes covered by another
  611  certificate or becomes a documented vessel, even if no other
  612  relationship exists between the state and the vessel or its
  613  owner.
  614         (2)A vessel becomes covered by a certificate of title when
  615  an application for the certificate and the applicable fee are
  616  delivered to the department in accordance with this part or to
  617  the governmental agency that creates a certificate in another
  618  jurisdiction in accordance with the law of that jurisdiction.
  619         Section 6. Section 328.03, Florida Statutes, is amended to
  620  read:
  621         328.03 Certificate of title required.—
  622         (1) Except as otherwise provided in subsections (2) and
  623  (3), each vessel that is operated, used, or stored on the waters
  624  of this state must be titled by this state pursuant to this
  625  part, and the owner of a vessel for which this state is the
  626  state of principal use shall deliver to the department an
  627  application for a certificate of title for the vessel, with the
  628  applicable fee, not later than 30 days after the later of:
  629         (a)The date of a transfer of ownership; or
  630         (b)The date this state becomes the state of principal use.
  631         (2)An application for a certificate of title is not
  632  required for chapter, unless it is:
  633         (a)A documented vessel;
  634         (b)A foreign-documented vessel;
  635         (c)A barge;
  636         (d)A vessel before delivery if the vessel is under
  637  construction or completed pursuant to contract;
  638         (e)A vessel held by a dealer for sale or lease;
  639         (f)A vessel used solely for demonstration, testing, or
  640  sales promotional purposes by the manufacturer or dealer;
  641         (g)(a) A vessel operated, used, or stored exclusively on
  642  private lakes and ponds;
  643         (h)(b) A vessel owned by the United States Government;
  644         (c)A non-motor-powered vessel less than 16 feet in length;
  645         (d)A federally documented vessel;
  646         (i)(e) A vessel already covered by a registration number in
  647  full force and effect which was awarded to it pursuant to a
  648  federally approved numbering system of another state or by the
  649  United States Coast Guard in a state without a federally
  650  approved numbering system, if the vessel is not located in this
  651  state for a period in excess of 90 consecutive days; or
  652         (j)(f) A vessel from a country other than the United States
  653  temporarily used, operated, or stored on the waters of this
  654  state for a period that is not in excess of 90 days;
  655         (g)An amphibious vessel for which a vehicle title is
  656  issued by the Department of Highway Safety and Motor Vehicles;
  657         (h)A vessel used solely for demonstration, testing, or
  658  sales promotional purposes by the manufacturer or dealer; or
  659         (i)A vessel owned and operated by the state or a political
  660  subdivision thereof.
  661         (3)The department may not issue, transfer, or renew a
  662  number issued to a vessel pursuant to the requirements of 46
  663  U.S.C. s. 12301 unless the department has created a certificate
  664  of title for the vessel or an application for a certificate for
  665  the vessel and the applicable fee have been delivered to the
  666  department.
  667         (2)A person shall not operate, use, or store a vessel for
  668  which a certificate of title is required unless the owner has
  669  received from the Department of Highway Safety and Motor
  670  Vehicles a valid certificate of title for such vessel. However,
  671  such vessel may be operated, used, or stored for a period of up
  672  to 180 days after the date of application for a certificate of
  673  title while the application is pending.
  674         (3)A person shall not sell, assign, or transfer a vessel
  675  titled by the state without delivering to the purchaser or
  676  transferee a valid certificate of title with an assignment on it
  677  showing the transfer of title to the purchaser or transferee. A
  678  person shall not purchase or otherwise acquire a vessel required
  679  to be titled by the state without obtaining a certificate of
  680  title for the vessel in his or her name. The purchaser or
  681  transferee shall, within 30 days after a change in vessel
  682  ownership, file an application for a title transfer with the
  683  county tax collector.
  684         (4) An additional $10 fee shall be charged against the
  685  purchaser or transferee if he or she files a title transfer
  686  application after the 30-day period. The county tax collector
  687  shall be entitled to retain $5 of the additional amount.
  688         (5)(4) A certificate of title is prima facie evidence of
  689  the accuracy of the information in the record that constitutes
  690  the certificate and of the ownership of the vessel. A
  691  certificate of title is good for the life of the vessel so long
  692  as the certificate is owned or held by the legal holder. If a
  693  titled vessel is destroyed or abandoned, the owner, with the
  694  consent of any recorded lienholders, shall, within 30 days after
  695  the destruction or abandonment, surrender to the department for
  696  cancellation any and all title documents. If a titled vessel is
  697  insured and the insurer has paid the owner for the total loss of
  698  the vessel, the insurer shall obtain the title to the vessel
  699  and, within 30 days after receiving the title, forward the title
  700  to the department of Highway Safety and Motor Vehicles for
  701  cancellation. The insurer may retain the certificate of title
  702  when payment for the loss was made because of the theft of the
  703  vessel.
  704         (6)(5) The department of Highway Safety and Motor Vehicles
  705  shall provide labeled places on the title where the seller’s
  706  price shall be indicated when a vessel is sold and where a
  707  selling dealer shall record his or her valid sales tax
  708  certificate of registration number.
  709         (7)(6)(a) The department of Highway Safety and Motor
  710  Vehicles shall charge a fee of $5.25 for issuing each
  711  certificate of title. The tax collector shall be entitled to
  712  retain $3.75 of the fee.
  713         (b) Beginning July 1, 1996, The department of Highway
  714  Safety and Motor Vehicles shall use security procedures,
  715  processes, and materials in the preparation and issuance of each
  716  certificate of title to prohibit, to the extent possible, a
  717  person’s ability to alter, counterfeit, duplicate, or modify the
  718  certificate.
  719         (8)(7) The department of Highway Safety and Motor Vehicles
  720  shall charge a fee of $4 in addition to that charged in
  721  subsection (7) (6) for each initial certificate of title issued
  722  for a vessel previously registered outside this state.
  723         (9)(8) The department of Highway Safety and Motor Vehicles
  724  shall make regulations necessary and convenient to carry out the
  725  provisions of this chapter.
  726         Section 7. Section 328.04, Florida Statutes, is created to
  727  read:
  728         328.04Content of certificate of title.—
  729         (1)A certificate of title must contain:
  730         (a)The date the certificate was created;
  731         (b)The name of the owner of record and, if not all owners
  732  are listed, an indication that there are additional owners
  733  indicated in the files of the department;
  734         (c)The mailing address of the owner of record;
  735         (d)The hull identification number;
  736         (e)The information listed in s. 328.01(2)(e);
  737         (f)Except as otherwise provided in s. 328.12(2), the name
  738  and mailing address of the secured party of record, if any, and
  739  if not all secured parties are listed, an indication that there
  740  are other security interests indicated in the files of the
  741  department; and
  742         (g)All title brands indicated in the files of the
  743  department covering the vessel, including brands indicated on a
  744  certificate created by a governmental agency of another
  745  jurisdiction and delivered to the department.
  746         (2)This part does not preclude the department from noting
  747  on a certificate of title the name and mailing address of a
  748  secured party that is not a secured party of record.
  749         (3)For each title brand indicated on a certificate of
  750  title, the certificate must identify the jurisdiction under
  751  whose law the title brand was created or the jurisdiction that
  752  created the certificate on which the title brand was indicated.
  753  If the meaning of a title brand is not easily ascertainable or
  754  cannot be accommodated on the certificate, the certificate may
  755  state: “Previously branded in (insert the jurisdiction under
  756  whose law the title brand was created or whose certificate of
  757  title previously indicated the title brand).”
  758         (4)If the files of the department indicate that a vessel
  759  was previously registered or titled in a foreign country, the
  760  department shall indicate on the certificate of title that the
  761  vessel was registered or titled in that country.
  762         (5)A written certificate of title must contain a form that
  763  all owners indicated on the certificate may sign to evidence
  764  consent to a transfer of an ownership interest to another
  765  person. The form must include a certification, signed under
  766  penalty of perjury, that the statements made are true and
  767  correct to the best of each owner’s knowledge, information, and
  768  belief.
  769         (6)A written certificate of title must contain a form for
  770  the owner of record to indicate, in connection with a transfer
  771  of an ownership interest, that the vessel is hull damaged.
  772         Section 8. Section 328.045, Florida Statutes, is created to
  773  read:
  774         328.045Title brands.—
  775         (1)Unless subsection (3) applies, at or before the time
  776  the owner of record transfers an ownership interest in a hull
  777  damaged vessel that is covered by a certificate of title created
  778  by the department, if the damage occurred while that person was
  779  an owner of the vessel and the person has notice of the damage
  780  at the time of the transfer, the owner shall:
  781         (a)Deliver to the department an application for a new
  782  certificate that complies with s. 328.01 and includes the title
  783  brand designation “Hull Damaged”; or
  784         (b)Indicate on the certificate in the place designated for
  785  that purpose that the vessel is hull damaged and deliver the
  786  certificate to the transferee.
  787         (2)Not later than 30 days after delivery of the
  788  application under paragraph (1)(a) or the certificate of title
  789  under paragraph (1)(b), the department shall create a new
  790  certificate that indicates that the vessel is branded “Hull
  791  Damaged.”
  792         (3)Before an insurer transfers an ownership interest in a
  793  hull-damaged vessel that is covered by a certificate of title
  794  created by the department, the insurer shall deliver to the
  795  department an application for a new certificate that complies
  796  with s. 328.01 and includes the title brand designation “Hull
  797  Damaged.” Not later than 30 days after delivery of the
  798  application to the department, the department shall create a new
  799  certificate that indicates that the vessel is branded “Hull
  800  Damaged.”
  801         (4)An owner of record who fails to comply with subsection
  802  (1), a person who solicits or colludes in a failure by an owner
  803  of record to comply with subsection (1), or an insurer that
  804  fails to comply with subsection (3) commits a noncriminal
  805  infraction under s. 327.73(1) for which the penalty is $5,000
  806  for the first offense, $15,000 for a second offense, and $25,000
  807  for each subsequent offense.
  808         Section 9. Section 328.055, Florida Statutes, is created to
  809  read:
  810         328.055Maintenance of and access to files.—
  811         (1)For each record relating to a certificate of title
  812  submitted to the department, the department shall:
  813         (a)Ascertain or assign the hull identification number for
  814  the vessel;
  815         (b)Maintain the hull identification number and all the
  816  information submitted with the application pursuant to s.
  817  328.01(2) to which the record relates, including the date and
  818  time the record was delivered to the department;
  819         (c)Maintain the files for public inspection subject to
  820  subsection (5); and
  821         (d)Index the files of the department as required by
  822  subsection (2).
  823         (2)The department shall maintain in its files the
  824  information contained in all certificates of title created under
  825  this part. The information in the files of the department must
  826  be searchable by the hull identification number of the vessel,
  827  the vessel number, the name of the owner of record, and any
  828  other method used by the department.
  829         (3)The department shall maintain in its files, for each
  830  vessel for which it has created a certificate of title, all
  831  title brands known to the department, the name of each secured
  832  party known to the department, the name of each person known to
  833  the department to be claiming an ownership interest, and all
  834  stolen property reports the department has received.
  835         (4)Upon request, for safety, security, or law enforcement
  836  purposes, the department shall provide to federal, state, or
  837  local government the information in its files relating to any
  838  vessel for which the department has issued a certificate of
  839  title.
  840         (5)Except as otherwise provided by the laws of this state,
  841  other than this part, the information required under s. 328.04
  842  is a public record.
  843         Section 10. Section 328.06, Florida Statutes, is created to
  844  read:
  845         328.06Action required on creation of certificate of
  846  title.—
  847         (1)On creation of a written certificate of title, the
  848  department shall promptly send the certificate to the secured
  849  party of record or, if none, to the owner of record at the
  850  address indicated for that person in the files of the
  851  department. On creation of an electronic certificate of title,
  852  the department shall promptly send a record evidencing the
  853  certificate to the owner of record and, if there is one, to the
  854  secured party of record at the address indicated for each person
  855  in the files of the department. The department may send the
  856  record to the person’s mailing address or, if indicated in the
  857  files of the department, an electronic address.
  858         (2)If the department creates a written certificate of
  859  title, any electronic certificate of title for the vessel is
  860  canceled and replaced by the written certificate. The department
  861  shall maintain in the files of the department the date and time
  862  of cancellation.
  863         (3)Before the department creates an electronic certificate
  864  of title, any written certificate for the vessel must be
  865  surrendered to the department. If the department creates an
  866  electronic certificate, the department shall destroy or
  867  otherwise cancel the written certificate for the vessel which
  868  has been surrendered to the department and maintain in the files
  869  of the department the date and time of destruction or other
  870  cancellation. If a written certificate being canceled is not
  871  destroyed, the department shall indicate on the face of the
  872  certificate that it has been canceled.
  873         Section 11. Section 328.065, Florida Statutes, is created
  874  to read:
  875         328.065Effect of possession of certificate of title;
  876  judicial process.—Possession of a certificate of title does not
  877  by itself provide a right to obtain possession of a vessel.
  878  Garnishment, attachment, levy, replevin, or other judicial
  879  process against the certificate is not effective to determine
  880  possessory rights to the vessel. This part does not prohibit
  881  enforcement under the laws of this state of a security interest
  882  in, levy on, or foreclosure of a statutory or common-law lien on
  883  a vessel. Absence of an indication of a statutory or common-law
  884  lien on a certificate does not invalidate the lien.
  885         Section 12. Section 328.09, Florida Statutes, is amended to
  886  read:
  887         (Substantial rewording of section. See
  888         s. 328.09, F.S., for present text.)
  889         328.09Refusal to issue and authority to cancel a
  890  certificate of title or registration.—
  891         (1)Unless an application for a certificate of title is
  892  rejected under subsection (3) or subsection (4), the department
  893  shall create a certificate for the vessel in accordance with
  894  subsection (2) not later than 30 days after delivery to the
  895  department of an application that complies with s. 328.01.
  896         (2)If the department creates electronic certificates of
  897  title, the department shall create an electronic certificate
  898  unless in the application the secured party of record or, if
  899  none, the owner of record requests that the department create a
  900  written certificate.
  901         (3)Except as otherwise provided in subsection (4), the
  902  department may reject an application for a certificate of title
  903  only if:
  904         (a)The application does not comply with s. 328.01;
  905         (b)The application does not contain documentation
  906  sufficient for the department to determine whether the applicant
  907  is entitled to a certificate;
  908         (c)There is a reasonable basis for concluding that the
  909  application is fraudulent or issuance of a certificate would
  910  facilitate a fraudulent or illegal act;
  911         (d)The application does not comply with the laws of this
  912  state other than this part; or
  913         (e)The application is for a vessel that has been deemed
  914  derelict by a law enforcement officer under s. 823.11. In such
  915  case, a law enforcement officer must inform the department in
  916  writing, which may be provided by facsimile, e-mail, or other
  917  electronic means, of the vessel’s derelict status and supply the
  918  department with the vessel title number or vessel identification
  919  number. The department may issue a certificate of title once a
  920  law enforcement officer has verified in writing, which may be
  921  provided by facsimile, e-mail, or other electronic means, that
  922  the vessel is no longer a derelict vessel.
  923         (4)The department shall reject an application for a
  924  certificate of title for a vessel that is a documented vessel or
  925  a foreign-documented vessel.
  926         (5)The department may cancel a certificate of title
  927  created by it only if the department:
  928         (a)Could have rejected the application for the certificate
  929  under subsection (3);
  930         (b)Is required to cancel the certificate under another
  931  provision of this part; or
  932         (c)Receives satisfactory evidence that the vessel is a
  933  documented vessel or a foreign-documented vessel.
  934         (6)The decision by the department to reject an application
  935  for a certificate of title or cancel a certificate of title
  936  pursuant to this section is subject to a hearing pursuant to ss.
  937  120.569 and 120.57 at which the owner and any other interested
  938  party may present evidence in support of or opposition to the
  939  rejection of the application for a certificate of title or the
  940  cancellation of a certificate of title.
  941         Section 13. Section 328.101, Florida Statutes, is created
  942  to read:
  943         328.101Effect of missing or incorrect information.—Except
  944  as otherwise provided in s. 679.337, a certificate of title or
  945  other record required or authorized by this part is effective
  946  even if it contains unintended scrivener’s errors or does not
  947  contain certain required information if such missing information
  948  is determined by the department to be inconsequential to the
  949  issuing of a certificate of title or other record.
  950         Section 14. Section 328.11, Florida Statutes, is amended to
  951  read:
  952         328.11 Duplicate certificate of title.—
  953         (1)If a written certificate of title is lost, stolen,
  954  mutilated, destroyed, or otherwise becomes unavailable or
  955  illegible, the secured party of record or, if no secured party
  956  is indicated in the files of the department, the owner of record
  957  may apply for and, by furnishing information satisfactory to the
  958  department, obtain a duplicate certificate in the name of the
  959  owner of record.
  960         (2)An applicant for a duplicate certificate of title must
  961  sign the application, and, except as otherwise permitted by the
  962  department, the application must comply with s. 328.01. The
  963  application must include the existing certificate unless the
  964  certificate is lost, stolen, mutilated, destroyed, or otherwise
  965  unavailable.
  966         (3)A duplicate certificate of title created by the
  967  department must comply with s. 328.04 and indicate on the face
  968  of the certificate that it is a duplicate certificate.
  969         (4)If a person receiving a duplicate certificate of title
  970  subsequently obtains possession of the original written
  971  certificate, the person shall promptly destroy the original
  972  certificate of title.
  973         (5)(1)The Department of Highway Safety and Motor Vehicles
  974  may issue a duplicate certificate of title upon application by
  975  the person entitled to hold such a certificate if the department
  976  is satisfied that the original certificate has been lost,
  977  destroyed, or mutilated. The department shall charge a fee of $6
  978  for issuing a duplicate certificate.
  979         (6)(2) In addition to the fee imposed by subsection (5)
  980  (1), the department of Highway Safety and Motor Vehicles shall
  981  charge a fee of $5 for expedited service in issuing a duplicate
  982  certificate of title. Application for such expedited service may
  983  be made by mail or in person. The department shall issue each
  984  certificate of title applied for under this subsection within 5
  985  working days after receipt of a proper application or shall
  986  refund the additional $5 fee upon written request by the
  987  applicant.
  988         (3)If, following the issuance of an original, duplicate,
  989  or corrected certificate of title by the department, the
  990  certificate is lost in transit and is not delivered to the
  991  addressee, the owner of the vessel or the holder of a lien
  992  thereon may, within 180 days after the date of issuance of the
  993  title, apply to the department for reissuance of the certificate
  994  of title. An additional fee may not be charged for reissuance
  995  under this subsection.
  996         (7)(4) The department shall implement a system to verify
  997  that the application is signed by a person authorized to receive
  998  a duplicate title certificate under this section if the address
  999  shown on the application is different from the address shown for
 1000  the applicant on the records of the department.
 1001         Section 15. Section 328.12, Florida Statutes, is created to
 1002  read:
 1003         328.12Perfection of security interest.—
 1004         (1)Except as otherwise provided in this section, a
 1005  security interest in a vessel may be perfected only by delivery
 1006  to the department of an application for a certificate of title
 1007  that identifies the secured party and otherwise complies with s.
 1008  328.01. The security interest is perfected on the later of
 1009  delivery to the department of the application and the applicable
 1010  fee or attachment of the security interest under s. 679.2031.
 1011         (2)If the interest of a person named as owner, lessor,
 1012  consignor, or bailor in an application for a certificate of
 1013  title delivered to the department is a security interest, the
 1014  application sufficiently identifies the person as a secured
 1015  party. Identification on the application for a certificate of a
 1016  person as owner, lessor, consignor, or bailor is not by itself a
 1017  factor in determining whether the person’s interest is a
 1018  security interest.
 1019         (3)If the department has created a certificate of title
 1020  for a vessel, a security interest in the vessel may be perfected
 1021  by delivery to the department of an application, on a form the
 1022  department may require, to have the security interest added to
 1023  the certificate. The application must be signed by an owner of
 1024  the vessel or by the secured party and must include:
 1025         (a)The name of the owner of record;
 1026         (b)The name and mailing address of the secured party;
 1027         (c)The hull identification number for the vessel; and
 1028         (d)If the department has created a written certificate of
 1029  title for the vessel, the certificate.
 1030         (4)A security interest perfected under subsection (3) is
 1031  perfected on the later of delivery to the department of the
 1032  application and all applicable fees or attachment of the
 1033  security interest under s. 679.2031.
 1034         (5)On delivery of an application that complies with
 1035  subsection (3) and payment of all applicable fees, the
 1036  department shall create a new certificate of title pursuant to
 1037  s. 328.09 and deliver the new certificate or a record evidencing
 1038  an electronic certificate pursuant to s. 328.06. The department
 1039  shall maintain in the files of the department the date and time
 1040  of delivery of the application to the department.
 1041         (6)If a secured party assigns a perfected security
 1042  interest in a vessel, the receipt by the department of a
 1043  statement providing the name of the assignee as secured party is
 1044  not required to continue the perfected status of the security
 1045  interest against creditors of and transferees from the original
 1046  debtor. A purchaser of a vessel subject to a security interest
 1047  who obtains a release from the secured party indicated in the
 1048  files of the department or on the certificate takes free of the
 1049  security interest and of the rights of a transferee unless the
 1050  transfer is indicated in the files of the department or on the
 1051  certificate.
 1052         (7)This section does not apply to a security interest:
 1053         (a)Created in a vessel by a person during any period in
 1054  which the vessel is inventory held for sale or lease by the
 1055  person or is leased by the person as lessor if the person is in
 1056  the business of selling vessels;
 1057         (b)In a barge for which no application for a certificate
 1058  of title has been delivered to the department; or
 1059         (c)In a vessel before delivery if the vessel is under
 1060  construction, or completed, pursuant to contract and for which
 1061  no application for a certificate has been delivered to the
 1062  department.
 1063         (8)This subsection applies if a certificate of
 1064  documentation for a documented vessel is deleted or canceled. If
 1065  a security interest in the vessel was valid immediately before
 1066  deletion or cancellation against a third party as a result of
 1067  compliance with 46 U.S.C. s. 31321, the security interest is and
 1068  remains perfected until the earlier of 4 months after
 1069  cancellation of the certificate or the time the security
 1070  interest becomes perfected under this part.
 1071         (9)A security interest in a vessel arising under s.
 1072  672.401, s. 672.505, s. 672.711(3), or s. 680.508(5) is
 1073  perfected when it attaches but becomes unperfected when the
 1074  debtor obtains possession of the vessel, unless the security
 1075  interest is perfected pursuant to subsection (1) or subsection
 1076  (3) before the debtor obtains possession.
 1077         (10)A security interest in a vessel as proceeds of other
 1078  collateral is perfected to the extent provided in s. 679.3151.
 1079         (11)A security interest in a vessel perfected under the
 1080  law of another jurisdiction is perfected to the extent provided
 1081  in s. 679.3161(4).
 1082         (12)For purposes of this section and this part, the
 1083  Department of Revenue shall be treated as a secured party when
 1084  collecting unpaid support.
 1085         Section 16. Section 328.125, Florida Statutes, is created
 1086  to read:
 1087         328.125Termination statement.—
 1088         (1)A secured party indicated in the files of the
 1089  department as having a security interest in a vessel shall
 1090  deliver a termination statement to the department and, on the
 1091  debtor’s request, to the debtor, by the earlier of:
 1092         (a)Twenty days after the secured party receives a signed
 1093  demand from an owner for a termination statement and there is no
 1094  obligation secured by the vessel subject to the security
 1095  interest and no commitment to make an advance, incur an
 1096  obligation, or otherwise give value secured by the vessel; or
 1097         (b)If the vessel is consumer goods, 30 days after there is
 1098  no obligation secured by the vessel and no commitment to make an
 1099  advance, incur an obligation, or otherwise give value secured by
 1100  the vessel.
 1101         (2)If a written certificate of title has been created and
 1102  delivered to a secured party and a termination statement is
 1103  required under subsection (1), the secured party, not later than
 1104  the date required by subsection (1), shall deliver the
 1105  certificate to the debtor or to the department with the
 1106  statement. If the certificate is lost, stolen, mutilated,
 1107  destroyed, or is otherwise unavailable or illegible, the secured
 1108  party shall deliver with the statement, not later than the date
 1109  required by subsection (1), an application for a duplicate
 1110  certificate meeting the requirements of s. 328.11.
 1111         (3)On delivery to the department of a termination
 1112  statement authorized by the secured party, the security interest
 1113  to which the statement relates ceases to be perfected. If the
 1114  security interest to which the statement relates was indicated
 1115  on the certificate of title, the department shall create a new
 1116  certificate and deliver the new certificate or a record
 1117  evidencing an electronic certificate. The department shall
 1118  maintain in its files the date and time of delivery to the
 1119  department of the statement.
 1120         (4)A secured party that fails to comply with this section
 1121  is liable for any loss that the secured party had reason to know
 1122  might result from its failure to comply and which could not
 1123  reasonably have been prevented and for the cost of an
 1124  application for a certificate of title under s. 328.01 or s.
 1125  328.11.
 1126         Section 17. Section 328.14, Florida Statutes, is created to
 1127  read:
 1128         328.14Rights of purchaser other than secured party.—
 1129         (1)A buyer in ordinary course of business has the
 1130  protections afforded by ss. 672.403(2) and 679.320(1) even if an
 1131  existing certificate of title was not signed and delivered to
 1132  the buyer or a new certificate listing the buyer as owner of
 1133  record was not created.
 1134         (2)Except as otherwise provided in ss. 328.145 and 328.22,
 1135  the rights of a purchaser of a vessel who is not a buyer in
 1136  ordinary course of business or a lien creditor are governed by
 1137  the Uniform Commercial Code.
 1138         Section 18. Section 328.145, Florida Statutes, is created
 1139  to read:
 1140         328.145Rights of secured party.—
 1141         (1)Subject to subsection (2), the effect of perfection and
 1142  nonperfection of a security interest and the priority of a
 1143  perfected or unperfected security interest with respect to the
 1144  rights of a purchaser or creditor, including a lien creditor,
 1145  are governed by the Uniform Commercial Code.
 1146         (2)If, while a security interest in a vessel is perfected
 1147  by any method under this part, the department creates a
 1148  certificate of title that does not indicate that the vessel is
 1149  subject to the security interest or contain a statement that it
 1150  may be subject to security interests not indicated on the
 1151  certificate:
 1152         (a)A buyer of the vessel, other than a person in the
 1153  business of selling or leasing vessels of that kind, takes free
 1154  of the security interest if the buyer, acting in good faith and
 1155  without knowledge of the security interest, gives value and
 1156  receives possession of the vessel; and
 1157         (b)The security interest is subordinate to a conflicting
 1158  security interest in the vessel that is perfected under s.
 1159  328.12 after creation of the certificate and without the
 1160  conflicting secured party’s knowledge of the security interest.
 1161         Section 19. Section 328.15, Florida Statutes, is amended to
 1162  read:
 1163         328.15 Notice of lien on vessel; recording.—
 1164         (1)No lien for purchase money or as security for a debt in
 1165  the form of retain title contract, conditional bill of sale,
 1166  chattel mortgage, or otherwise on a vessel shall be enforceable
 1167  in any of the courts of this state against creditors or
 1168  subsequent purchasers for a valuable consideration and without
 1169  notice unless a sworn notice of such lien is recorded. The lien
 1170  certificate shall contain the following information:
 1171         (a)Name and address of the registered owner;
 1172         (b)Date of lien;
 1173         (c)Description of the vessel to include make, type, motor
 1174  and serial number; and
 1175         (d)Name and address of lienholder.
 1176  
 1177  The lien shall be recorded by the Department of Highway Safety
 1178  and Motor Vehicles and shall be effective as constructive notice
 1179  when filed. The date of filing of the notice of lien is the date
 1180  of its receipt by the department’s central office in
 1181  Tallahassee, if first filed there, or otherwise by the office of
 1182  a county tax collector or of the tax collector’s agent.
 1183         (2)(a)The Department of Highway Safety and Motor Vehicles
 1184  shall not enter any lien upon its lien records, whether it is a
 1185  first lien or a subordinate lien, unless the official
 1186  certificate of title issued for the vessel is furnished with the
 1187  notice of lien, so that the record of lien, whether original or
 1188  subordinate, may be noted upon the face thereof. After the
 1189  department records the lien, it shall send the certificate of
 1190  title to the holder of the first lien who shall hold such
 1191  certificate until the lien is satisfied in full.
 1192         (b)When a vessel is registered in the names of two or more
 1193  persons as coowners in the alternative by the use of the word
 1194  “or,” whether or not the coowners are husband and wife, each
 1195  coowner is considered to have granted to any other coowner the
 1196  absolute right to place a lien or encumbrance on the vessel, and
 1197  the signature of one coowner constitutes proper execution of the
 1198  notice of lien. When a vessel is registered in the names of two
 1199  or more persons as coowners in the conjunctive by the use of the
 1200  word “and,” the signature of each coowner is required in order
 1201  to place a lien or encumbrance on the vessel.
 1202         (c)If the owner of the vessel as shown on the title
 1203  certificate or the director of the state child support
 1204  enforcement program desires to place a second or subsequent lien
 1205  or encumbrance against the vessel when the title certificate is
 1206  in the possession of the first lienholder, the owner shall send
 1207  a written request to the first lienholder by certified mail and
 1208  such first lienholder shall forward the certificate to the
 1209  department for endorsement. The department shall return the
 1210  certificate to the first lienholder, as indicated in the notice
 1211  of lien filed by the first lienholder, after endorsing the
 1212  second or subsequent lien on the certificate and on the
 1213  duplicate. If the first lienholder fails, neglects, or refuses
 1214  to forward the certificate of title to the department within 10
 1215  days after the date of the owner’s or the director’s request,
 1216  the department, on written request of the subsequent lienholder
 1217  or an assignee thereof, shall demand of the first lienholder the
 1218  return of such certificate for the notation of the second or
 1219  subsequent lien or encumbrance.
 1220         (1)(3) Upon the payment of a any such lien, the debtor or
 1221  the registered owner of the motorboat shall be entitled to
 1222  demand and receive from the lienholder a satisfaction of the
 1223  lien which shall likewise be filed with the Department of
 1224  Highway Safety and Motor Vehicles.
 1225         (2)(4) The Department of Highway Safety and Motor Vehicles
 1226  under precautionary rules and regulations to be promulgated by
 1227  it may permit the use, in substitution of the formal
 1228  satisfaction of lien, of other methods of satisfaction, such as
 1229  perforation, appropriate stamp, or otherwise, as it deems
 1230  reasonable and adequate.
 1231         (3)(5)(a) The Department of Highway Safety and Motor
 1232  Vehicles shall adopt rules to administer this section. The
 1233  department may by rule require that a notice of satisfaction of
 1234  a lien be notarized. The department shall prepare the forms of
 1235  the notice of lien and the satisfaction of lien to be supplied,
 1236  at a charge not to exceed 50 percent more than cost, to
 1237  applicants for recording the liens or satisfactions and shall
 1238  keep a record of such notices of lien and satisfactions
 1239  available for inspection by the public at all reasonable times.
 1240  The division may furnish certified copies of such satisfactions
 1241  for a fee of $1, which are admissible in evidence in all courts
 1242  of this state under the same conditions and to the same effect
 1243  as certified copies of other public records.
 1244         (b) The department shall establish and administer an
 1245  electronic titling program that requires the recording of vessel
 1246  title information for new, transferred, and corrected
 1247  certificates of title. Lienholders shall electronically transmit
 1248  liens and lien satisfactions to the department in a format
 1249  determined by the department. Individuals and lienholders who
 1250  the department determines are not normally engaged in the
 1251  business or practice of financing vessels are not required to
 1252  participate in the electronic titling program.
 1253         (6)The Department of Highway Safety and Motor Vehicles is
 1254  entitled to a fee of $1 for the recording of each notice of
 1255  lien. No fee shall be charged for recording the satisfaction of
 1256  a lien. All of the fees collected shall be paid into the Marine
 1257  Resources Conservation Trust Fund.
 1258         (4)(7)(a) Should any person, firm, or corporation holding
 1259  such lien, which has been recorded by the Department of Highway
 1260  Safety and Motor Vehicles, upon payment of such lien and on
 1261  demand, fail or refuse, within 30 days after such payment and
 1262  demand, to furnish the debtor or the registered owner of such
 1263  vessel a satisfaction of the lien, then, in that event, such
 1264  person, firm, or corporation shall be held liable for all costs,
 1265  damages, and expenses, including reasonable attorney attorney’s
 1266  fees, lawfully incurred by the debtor or the registered owner of
 1267  such vessel in any suit which may be brought in the courts of
 1268  this state for the cancellation of such lien.
 1269         (b) Following satisfaction of a lien, the lienholder shall
 1270  enter a satisfaction thereof in the space provided on the face
 1271  of the certificate of title. If there are no subsequent liens
 1272  shown thereon, the certificate shall be delivered by the
 1273  lienholder to the person satisfying the lien or encumbrance and
 1274  an executed satisfaction on a form provided by the department
 1275  shall be forwarded to the department by the lienholder within 10
 1276  days after satisfaction of the lien.
 1277         (c) If the certificate of title shows a subsequent lien not
 1278  then being discharged, an executed satisfaction of the first
 1279  lien shall be delivered by the lienholder to the person
 1280  satisfying the lien and the certificate of title showing
 1281  satisfaction of the first lien shall be forwarded by the
 1282  lienholder to the department within 10 days after satisfaction
 1283  of the lien.
 1284         (d) If, upon receipt of a title certificate showing
 1285  satisfaction of the first lien, the department determines from
 1286  its records that there are no subsequent liens or encumbrances
 1287  upon the vessel, the department shall forward to the owner, as
 1288  shown on the face of the title, a corrected certificate showing
 1289  no liens or encumbrances. If there is a subsequent lien not
 1290  being discharged, the certificate of title shall be reissued
 1291  showing the second or subsequent lienholder as the first
 1292  lienholder and shall be delivered to the new first lienholder.
 1293  The first lienholder shall be entitled to retain the certificate
 1294  of title until his or her lien is satisfied. Upon satisfaction
 1295  of the lien, the lienholder shall be subject to the procedures
 1296  required of a first lienholder in this subsection and in
 1297  subsection (2).
 1298         (5)(8) When the original certificate of title cannot be
 1299  returned to the department by the lienholder and evidence
 1300  satisfactory to the department is produced that all liens or
 1301  encumbrances have been satisfied, upon application by the owner
 1302  for a duplicate copy of the certificate of title, upon the form
 1303  prescribed by the department, accompanied by the fee prescribed
 1304  in this chapter, a duplicate copy of the certificate of title
 1305  without statement of liens or encumbrances shall be issued by
 1306  the department and delivered to the owner.
 1307         (6)(9) Any person who fails, within 10 days after receipt
 1308  of a demand by the department by certified mail, to return a
 1309  certificate of title to the department as required by paragraph
 1310  (2)(c) or who, upon satisfaction of a lien, fails within 10 days
 1311  after receipt of such demand to forward the appropriate document
 1312  to the department as required by paragraph (4)(b) (7)(b) or
 1313  paragraph (4)(c) (7)(c) commits a misdemeanor of the second
 1314  degree, punishable as provided in s. 775.082 or s. 775.083.
 1315         (7)(10) The department shall use the last known address as
 1316  shown by its records when sending any notice required by this
 1317  section.
 1318         (8)(11) If the original lienholder sells and assigns his or
 1319  her lien to some other person, and if the assignee desires to
 1320  have his or her name substituted on the certificate of title as
 1321  the holder of the lien, he or she may, after delivering the
 1322  original certificate of title to the department and providing a
 1323  sworn statement of the assignment, have his or her name
 1324  substituted as a lienholder. Upon substitution of the assignee’s
 1325  name as lienholder, the department shall deliver the certificate
 1326  of title to the assignee as the first lienholder.
 1327         (9)Subsections (1), (2), and (4)-(8) shall expire October
 1328  1, 2026.
 1329         Section 20. Section 328.16, Florida Statutes, is amended to
 1330  read:
 1331         328.16 Issuance in duplicate; delivery; liens, security
 1332  interests, and encumbrances.—
 1333         (1) The department shall assign a number to each
 1334  certificate of title and shall issue each certificate of title
 1335  and each corrected certificate in duplicate. The database record
 1336  shall serve as the duplicate title certificate.
 1337         (2) An authorized person must sign the original certificate
 1338  of title and each corrected certificate and, if there are no
 1339  liens, security interests, or encumbrances on the vessel, as
 1340  shown in the records of the department or as shown in the
 1341  application, must deliver the certificate to the applicant or to
 1342  another person as directed by the applicant or person, agent, or
 1343  attorney submitting the application. If there are one or more
 1344  liens, security interests, or encumbrances on the vessel, the
 1345  department must deliver the certificate to the first lienholder
 1346  or secured party as shown by department records. The department
 1347  shall deliver to the first lienholder or secured party, along
 1348  with the certificate, a form to be subsequently used by the
 1349  lienholder or secured party as a satisfaction. If the
 1350  application for certificate of title shows the name of a first
 1351  lienholder or secured party which is different from the name of
 1352  the first lienholder or secured party as shown by the records of
 1353  the department, the certificate shall not be issued to any
 1354  person until after the department notifies all parties who
 1355  appear to hold a lien or a security interest and the applicant
 1356  for the certificate, in writing by certified mail. If the
 1357  parties do not amicably resolve the conflict within 10 days
 1358  after the date the notice was mailed, the department shall serve
 1359  notice in writing by certified mail on all persons that appear
 1360  to hold liens or security interests on that particular vessel,
 1361  including the applicant for the certificate, to show cause
 1362  within 15 days after the date the notice is mailed why it should
 1363  not issue and deliver the certificate to the secured party of
 1364  record or person indicated in the notice of lien filed by the
 1365  lienholder whose name appears in the application as the first
 1366  lienholder without showing any lien or liens as outstanding
 1367  other than those appearing in the application or those filed
 1368  subsequent to the filing of the application for the certificate
 1369  of title. If, within the 15-day period, any person other than
 1370  the lienholder or secured party of record shown in the
 1371  application or a party filing a subsequent lien or security
 1372  interest, in answer to the notice to show cause, appears in
 1373  person or by a representative, or responds in writing, and files
 1374  a written statement under oath that his or her lien or security
 1375  interest on that particular vessel is still outstanding, the
 1376  department shall not issue the certificate to anyone until after
 1377  the conflict has been settled by the lien or security interest
 1378  claimants involved or by a court of competent jurisdiction. If
 1379  the conflict is not settled amicably within 10 days after the
 1380  final date for filing an answer to the notice to show cause, the
 1381  complaining party shall have 10 days to obtain a ruling, or a
 1382  stay order, from a court of competent jurisdiction. If a ruling
 1383  or stay order is not issued and served on the department within
 1384  the 10-day period, the department shall issue the certificate
 1385  showing no liens or security interests, except those shown in
 1386  the application or thereafter filed, to the original applicant
 1387  if there are no liens or security interests shown in the
 1388  application and none are thereafter filed, or to the person
 1389  indicated as the secured party of record or in the notice of
 1390  lien filed by the lienholder whose name appears in the
 1391  application as the first lienholder if there are liens shown in
 1392  the application or thereafter filed. A duplicate certificate or
 1393  corrected certificate must show only such security interest or
 1394  interests or lien or liens as were shown in the application and
 1395  subsequently filed liens or security interests that may be
 1396  outstanding.
 1397         (3) Except as provided in s. 328.15(11), The certificate of
 1398  title shall be retained by the first lienholder or secured party
 1399  of record. The first lienholder or secured party of record is
 1400  entitled to retain the certificate until the first lien or
 1401  security interest is satisfied.
 1402         (4) Notwithstanding any requirements in this section or in
 1403  s. 328.15 indicating that a lien or security interest on a
 1404  vessel shall be noted on the face of the Florida certificate of
 1405  title, if there are one or more liens, security interests, or
 1406  encumbrances on a vessel, the department shall electronically
 1407  transmit the lien or security interest to the first lienholder
 1408  or secured party and notify the first lienholder or secured
 1409  party of any additional liens or security interests. Subsequent
 1410  lien or security interest satisfactions shall be electronically
 1411  transmitted to the department and must include the name and
 1412  address of the person or entity satisfying the lien or security
 1413  interest. When electronic transmission of liens or security
 1414  interests and lien satisfactions or security interests are used,
 1415  the issuance of a certificate of title may be waived until the
 1416  last lien or security interest is satisfied and a clear
 1417  certificate of title is issued to the owner of the vessel.
 1418         (5) The owner of a vessel, upon which a lien or security
 1419  interest has been filed with the department or noted upon a
 1420  certificate of title for a period of 5 years, may apply to the
 1421  department in writing for such lien or security interest to be
 1422  removed from the department files or from the certificate of
 1423  title. The application must be accompanied by evidence
 1424  satisfactory to the department that the applicant has notified
 1425  the lienholder or secured party by certified mail, not less than
 1426  20 days before prior to the date of the application, of his or
 1427  her intention to apply to the department for removal of the lien
 1428  or security interest. Ten days after receipt of the application,
 1429  the department may remove the lien or security interest from its
 1430  files or from the certificate of title, as the case may be, if
 1431  no statement in writing protesting removal of the lien or
 1432  security interest is received by the department from the
 1433  lienholder or secured party within the 10-day period. However,
 1434  if the lienholder or secured party files with the department,
 1435  within the 10-day period, a written statement that the lien or
 1436  security interest is still outstanding, the department may not
 1437  remove the lien or security interest until the lienholder or
 1438  secured party presents a satisfaction of lien or satisfaction of
 1439  security interest to the department.
 1440         Section 21. Subsection (1) of section 328.165, Florida
 1441  Statutes, is amended to read:
 1442         328.165 Cancellation of certificates.—
 1443         (1) If it appears that a certificate of title has been
 1444  improperly issued, the department shall cancel the certificate.
 1445  Upon cancellation of any certificate of title, the department
 1446  shall notify the person to whom the certificate of title was
 1447  issued, and any lienholders or secured parties appearing
 1448  thereon, of the cancellation and shall demand the surrender of
 1449  the certificate of title; however, the cancellation does not
 1450  affect the validity of any lien or security interest noted
 1451  thereon. The holder of the certificate of title shall
 1452  immediately return it to the department. If a certificate of
 1453  registration has been issued to the holder of a certificate of
 1454  title so canceled, the department shall immediately cancel the
 1455  certificate of registration and demand the return of the
 1456  certificate of registration, and the holder of such certificate
 1457  of registration shall immediately return it to the department.
 1458         Section 22. Section 328.215, Florida Statutes, is created
 1459  to read:
 1460         328.215Application for transfer of ownership or
 1461  termination of security interest without certificate of title.—
 1462         (1)Except as otherwise provided in s. 328.23 or s. 328.24,
 1463  if the department receives, unaccompanied by a signed
 1464  certificate of title, an application for a new certificate that
 1465  includes an indication of a transfer of ownership or a
 1466  termination statement, the department may create a new
 1467  certificate under this section only if:
 1468         (a)All other requirements under ss. 328.01 and 328.09 are
 1469  met;
 1470         (b)The applicant provides an affidavit stating facts
 1471  showing the applicant is entitled to a transfer of ownership or
 1472  termination statement;
 1473         (c)The applicant provides the department with satisfactory
 1474  evidence that notification of the application has been sent to
 1475  the owner of record and all persons indicated in the files of
 1476  the department as having an interest, including a security
 1477  interest, in the vessel; at least 45 days have passed since the
 1478  notification was sent; and the department has not received an
 1479  objection from any of those persons; and
 1480         (d)The applicant submits any other information required by
 1481  the department as evidence of the applicant’s ownership or right
 1482  to terminate the security interest, and the department has no
 1483  credible information indicating theft, fraud, or an undisclosed
 1484  or unsatisfied security interest, lien, or other claim to an
 1485  interest in the vessel.
 1486         (2)The department may indicate in a certificate of title
 1487  created under subsection (1) that the certificate was created
 1488  without submission of a signed certificate or termination
 1489  statement. Unless credible information indicating theft, fraud,
 1490  or an undisclosed or unsatisfied security interest, lien, or
 1491  other claim to an interest in the vessel is delivered to the
 1492  department not later than 1 year after creation of the
 1493  certificate, on request in a form and manner required by the
 1494  department, the department shall remove the indication from the
 1495  certificate.
 1496         (3)Before the department creates a certificate of title
 1497  under subsection (1), the department may require the applicant
 1498  to post a reasonable bond or provide an equivalent source of
 1499  indemnity or security. The bond, indemnity, or other security
 1500  must be in a form required by the department and provide for
 1501  indemnification of any owner, purchaser, or other claimant for
 1502  any expense, loss, delay, or damage, including reasonable
 1503  attorney fees and costs, but not including incidental or
 1504  consequential damages, resulting from creation or amendment of
 1505  the certificate.
 1506         (4)Unless the department receives a claim for indemnity
 1507  not later than 1 year after creation of a certificate of title
 1508  under subsection (1), on request in a form and manner required
 1509  by the department, the department shall release any bond,
 1510  indemnity, or other security. The department is not liable to a
 1511  person or entity for creating a certificate of title under this
 1512  section when the department issues the certificate of title in
 1513  good faith based on the information provided by an applicant. An
 1514  applicant that submits erroneous or fraudulent information with
 1515  the intent to mislead the department into issuing a certificate
 1516  of title under this section is subject to the penalties
 1517  established in s. 328.045(4) in addition to any other criminal
 1518  or civil penalties provided by law.
 1519         Section 23. Section 328.22, Florida Statutes, is created to
 1520  read:
 1521         328.22Transfer of ownership.—
 1522         (1)On voluntary transfer of an ownership interest in a
 1523  vessel covered by a certificate of title, the following
 1524  requirements apply:
 1525         (a)If the certificate is a written certificate of title
 1526  and the transferor’s interest is noted on the certificate, the
 1527  transferor shall promptly sign the certificate and deliver it to
 1528  the transferee. If the transferor does not have possession of
 1529  the certificate, the person in possession of the certificate has
 1530  a duty to facilitate the transferor’s compliance with this
 1531  paragraph. A secured party does not have a duty to facilitate
 1532  the transferor’s compliance with this paragraph if the proposed
 1533  transfer is prohibited by the security agreement.
 1534         (b)If the certificate of title is an electronic
 1535  certificate of title, the transferor shall promptly sign by
 1536  hand, or electronically if available, and deliver to the
 1537  transferee a record evidencing the transfer of ownership to the
 1538  transferee.
 1539         (c)The transferee has a right enforceable by specific
 1540  performance to require the transferor to comply with paragraph
 1541  (a) or paragraph (b).
 1542         (2)The creation of a certificate of title identifying the
 1543  transferee as owner of record satisfies subsection (1).
 1544         (3)A failure to comply with subsection (1) or to apply for
 1545  a new certificate of title does not render a transfer of
 1546  ownership of a vessel ineffective between the parties. Except as
 1547  otherwise provided in s. 328.101, s. 328.14(1), s. 328.145, or
 1548  s. 328.23, a transfer of ownership without compliance with
 1549  subsection (1) is not effective against another person claiming
 1550  an interest in the vessel.
 1551         (4)A transferor that complies with subsection (1) is not
 1552  liable as owner of the vessel for an event occurring after the
 1553  transfer, regardless of whether the transferee applies for a new
 1554  certificate of title.
 1555         Section 24. Section 328.23, Florida Statutes, is created to
 1556  read:
 1557         328.23Transfer of ownership by secured party’s transfer
 1558  statement.—
 1559         (1)For the purposes of this section, “secured party’s
 1560  transfer statement” means a record signed by the secured party
 1561  of record stating:
 1562         (a)That there has been a default on an obligation secured
 1563  by the vessel;
 1564         (b)That the secured party of record is exercising or has
 1565  exercised post-default remedies with respect to the vessel;
 1566         (c)That by reason of the exercise, the secured party of
 1567  record has the right to transfer the ownership interest of an
 1568  owner, and the name of the owner;
 1569         (d)The name and last known mailing address of the owner of
 1570  record and the secured party of record;
 1571         (e)The name of the transferee;
 1572         (f)Other information required by s. 328.01(2); and
 1573         (g)One of the following:
 1574         1.The certificate of title is an electronic certificate.
 1575         2.The secured party does not have possession of the
 1576  written certificate of title created in the name of the owner of
 1577  record.
 1578         3.The secured party is delivering the written certificate
 1579  of title to the department with the secured party’s transfer
 1580  statement.
 1581         (2)Unless the department rejects a secured party’s
 1582  transfer statement for a reason stated in s. 328.09(3), not
 1583  later than 30 days after delivery to the department of the
 1584  statement and payment of fees and taxes payable under the laws
 1585  of this state, other than this part, in connection with the
 1586  statement or the acquisition or use of the vessel, the
 1587  department shall:
 1588         (a)Accept the statement;
 1589         (b)Amend the files of the department to reflect the
 1590  transfer; and
 1591         (c)If the name of the owner whose ownership interest is
 1592  being transferred is indicated on the certificate of title:
 1593         1.Cancel the certificate even if the certificate has not
 1594  been delivered to the department;
 1595         2.Create a new certificate indicating the transferee as
 1596  owner; and
 1597         3.Deliver the new certificate or a record evidencing an
 1598  electronic certificate.
 1599         (3)An application under subsection (1) or the creation of
 1600  a certificate of title under subsection (2) is not by itself a
 1601  disposition of the vessel and does not by itself relieve the
 1602  secured party of its duties under chapter 679.
 1603         Section 25. Section 328.24, Florida Statutes, is created to
 1604  read:
 1605         328.24Transfer by operation of law.—
 1606         (1)For the purposes of this section, “by operation of law”
 1607  means pursuant to a law or judicial order affecting ownership of
 1608  a vessel:
 1609         (a)Because of death, divorce, or other family law
 1610  proceeding, merger, consolidation, dissolution, or bankruptcy;
 1611         (b)Through the exercise of the rights of a lien creditor
 1612  or a person having a lien created by statute or rule of law; or
 1613         (c)Through other legal process.
 1614         (2)A transfer-by-law statement must contain:
 1615         (a)The name and last known mailing address of the owner of
 1616  record and the transferee and the other information required by
 1617  s. 328.01;
 1618         (b)Documentation sufficient to establish the transferee’s
 1619  ownership interest or right to acquire the ownership interest;
 1620         (c)A statement that:
 1621         1.The certificate of title is an electronic certificate of
 1622  title;
 1623         2.The transferee does not have possession of the written
 1624  certificate of title created in the name of the owner of record;
 1625  or
 1626         3.The transferee is delivering the written certificate to
 1627  the department with the transfer-by-law statement; and
 1628         (d)Except for a transfer described in paragraph (1)(a),
 1629  evidence that notification of the transfer and the intent to
 1630  file the transfer-by-law statement has been sent to all persons
 1631  indicated in the files of the department as having an interest,
 1632  including a security interest, in the vessel.
 1633         (3)Unless the department rejects a transfer-by-law
 1634  statement for a reason stated in s. 328.09(3) or because the
 1635  statement does not include documentation satisfactory to the
 1636  department as to the transferee’s ownership interest or right to
 1637  acquire the ownership interest, not later than 30 days after
 1638  delivery to the department of the statement and payment of fees
 1639  and taxes payable under the law of this state, other than this
 1640  part, in connection with the statement or with the acquisition
 1641  or use of the vessel, the department shall:
 1642         (a)Accept the statement;
 1643         (b)Amend the files of the department to reflect the
 1644  transfer; and
 1645         (c)If the name of the owner whose ownership interest is
 1646  being transferred is indicated on the certificate of title:
 1647         1.Cancel the certificate even if the certificate has not
 1648  been delivered to the department;
 1649         2.Create a new certificate indicating the transferee as
 1650  owner;
 1651         3.Indicate on the new certificate any security interest
 1652  indicated on the canceled certificate, unless a court order
 1653  provides otherwise; and
 1654         4.Deliver the new certificate or a record evidencing an
 1655  electronic certificate.
 1656         (4)This section does not apply to a transfer of an
 1657  interest in a vessel by a secured party under part VI of chapter
 1658  679.
 1659         Section 26. Section 328.25, Florida Statutes, is created to
 1660  read:
 1661         328.25Supplemental principles of law and equity.—Unless
 1662  displaced by a provision of this part, the principles of law and
 1663  equity supplement its provisions.
 1664         Section 27. Section 328.41, Florida Statutes, is created to
 1665  read:
 1666         328.41Rulemaking.—The department may adopt rules pursuant
 1667  to ss. 120.536(1) and 120.54 to implement this part.
 1668         Section 28. Section 409.2575, Florida Statutes, is amended
 1669  to read:
 1670         409.2575 Liens on motor vehicles and vessels.—
 1671         (1) The director of the state IV-D program, or the
 1672  director’s designee, may cause a lien for unpaid and delinquent
 1673  support to be placed upon motor vehicles, as defined in chapter
 1674  320, and upon vessels, as defined in chapter 327, that are
 1675  registered in the name of an obligor who is delinquent in
 1676  support payments, if the title to the property is held by a
 1677  lienholder, in the manner provided in chapter 319 or, if
 1678  applicable in accordance with s. 328.15(9), chapter 328. Notice
 1679  of lien shall not be mailed unless the delinquency in support
 1680  exceeds $600.
 1681         (2) If the first lienholder fails, neglects, or refuses to
 1682  forward the certificate of title to the appropriate department
 1683  as requested pursuant to s. 319.24 or, if applicable in
 1684  accordance with s. 328.15(9), s. 328.15, the director of the IV
 1685  D program, or the director’s designee, may apply to the circuit
 1686  court for an order to enforce the requirements of s. 319.24 or
 1687  s. 328.15, whichever applies.
 1688         Section 29. Subsection (2) of section 705.103, Florida
 1689  Statutes, is amended to read:
 1690         705.103 Procedure for abandoned or lost property.—
 1691         (2) Whenever a law enforcement officer ascertains that an
 1692  article of lost or abandoned property is present on public
 1693  property and is of such nature that it cannot be easily removed,
 1694  the officer shall cause a notice to be placed upon such article
 1695  in substantially the following form:
 1696  
 1697  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1698  PROPERTY. This property, to wit: ...(setting forth brief
 1699  description)... is unlawfully upon public property known as
 1700  ...(setting forth brief description of location)... and must be
 1701  removed within 5 days; otherwise, it will be removed and
 1702  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1703  will be liable for the costs of removal, storage, and
 1704  publication of notice. Dated this: ...(setting forth the date of
 1705  posting of notice)..., signed: ...(setting forth name, title,
 1706  address, and telephone number of law enforcement officer)....
 1707  
 1708  Such notice shall be not less than 8 inches by 10 inches and
 1709  shall be sufficiently weatherproof to withstand normal exposure
 1710  to the elements. In addition to posting, the law enforcement
 1711  officer shall make a reasonable effort to ascertain the name and
 1712  address of the owner. If such is reasonably available to the
 1713  officer, she or he shall mail a copy of such notice to the owner
 1714  on or before the date of posting. If the property is a motor
 1715  vehicle as defined in s. 320.01(1) or a vessel as defined in s.
 1716  327.02, the law enforcement agency shall contact the Department
 1717  of Highway Safety and Motor Vehicles in order to determine the
 1718  name and address of the owner and any person who has filed a
 1719  lien on the vehicle or vessel as provided in s. 319.27(2) or (3)
 1720  or s. 328.15 s. 328.15(1). On receipt of this information, the
 1721  law enforcement agency shall mail a copy of the notice by
 1722  certified mail, return receipt requested, to the owner and to
 1723  the lienholder, if any, except that a law enforcement officer
 1724  who has issued a citation for a violation of s. 823.11 to the
 1725  owner of a derelict vessel is not required to mail a copy of the
 1726  notice by certified mail, return receipt requested, to the
 1727  owner. If, at the end of 5 days after posting the notice and
 1728  mailing such notice, if required, the owner or any person
 1729  interested in the lost or abandoned article or articles
 1730  described has not removed the article or articles from public
 1731  property or shown reasonable cause for failure to do so, the
 1732  following shall apply:
 1733         (a) For abandoned property, the law enforcement agency may
 1734  retain any or all of the property for its own use or for use by
 1735  the state or unit of local government, trade such property to
 1736  another unit of local government or state agency, donate the
 1737  property to a charitable organization, sell the property, or
 1738  notify the appropriate refuse removal service.
 1739         (b) For lost property, the officer shall take custody and
 1740  the agency shall retain custody of the property for 90 days. The
 1741  agency shall publish notice of the intended disposition of the
 1742  property, as provided in this section, during the first 45 days
 1743  of this time period.
 1744         1. If the agency elects to retain the property for use by
 1745  the unit of government, donate the property to a charitable
 1746  organization, surrender such property to the finder, sell the
 1747  property, or trade the property to another unit of local
 1748  government or state agency, notice of such election shall be
 1749  given by an advertisement published once a week for 2
 1750  consecutive weeks in a newspaper of general circulation in the
 1751  county where the property was found if the value of the property
 1752  is more than $100. If the value of the property is $100 or less,
 1753  notice shall be given by posting a description of the property
 1754  at the law enforcement agency where the property was turned in.
 1755  The notice must be posted for not less than 2 consecutive weeks
 1756  in a public place designated by the law enforcement agency. The
 1757  notice must describe the property in a manner reasonably
 1758  adequate to permit the rightful owner of the property to claim
 1759  it.
 1760         2. If the agency elects to sell the property, it must do so
 1761  at public sale by competitive bidding. Notice of the time and
 1762  place of the sale shall be given by an advertisement of the sale
 1763  published once a week for 2 consecutive weeks in a newspaper of
 1764  general circulation in the county where the sale is to be held.
 1765  The notice shall include a statement that the sale shall be
 1766  subject to any and all liens. The sale must be held at the
 1767  nearest suitable place to that where the lost or abandoned
 1768  property is held or stored. The advertisement must include a
 1769  description of the goods and the time and place of the sale. The
 1770  sale may take place no earlier than 10 days after the final
 1771  publication. If there is no newspaper of general circulation in
 1772  the county where the sale is to be held, the advertisement shall
 1773  be posted at the door of the courthouse and at three other
 1774  public places in the county at least 10 days prior to sale.
 1775  Notice of the agency’s intended disposition shall describe the
 1776  property in a manner reasonably adequate to permit the rightful
 1777  owner of the property to identify it.
 1778         Section 30. Paragraph (c) of subsection (2) of section
 1779  721.08, Florida Statutes, is amended to read:
 1780         721.08 Escrow accounts; nondisturbance instruments;
 1781  alternate security arrangements; transfer of legal title.—
 1782         (2) One hundred percent of all funds or other property
 1783  which is received from or on behalf of purchasers of the
 1784  timeshare plan or timeshare interest prior to the occurrence of
 1785  events required in this subsection shall be deposited pursuant
 1786  to an escrow agreement approved by the division. The funds or
 1787  other property may be released from escrow only as follows:
 1788         (c) Compliance with conditions.—
 1789         1. Timeshare licenses.—If the timeshare plan is one in
 1790  which timeshare licenses are to be sold and no cancellation or
 1791  default has occurred, the escrow agent may release the escrowed
 1792  funds or other property to or on the order of the developer upon
 1793  presentation of:
 1794         a. An affidavit by the developer that all of the following
 1795  conditions have been met:
 1796         (I) Expiration of the cancellation period.
 1797         (II) Completion of construction.
 1798         (III) Closing.
 1799         (IV) Either:
 1800         (A) Execution, delivery, and recordation by each
 1801  interestholder of the nondisturbance and notice to creditors
 1802  instrument, as described in this section; or
 1803         (B) Transfer by the developer of legal title to the subject
 1804  accommodations and facilities, or all use rights therein, into a
 1805  trust satisfying the requirements of subparagraph 4. and the
 1806  execution, delivery, and recordation by each other
 1807  interestholder of the nondisturbance and notice to creditors
 1808  instrument, as described in this section.
 1809         b. A certified copy of each recorded nondisturbance and
 1810  notice to creditors instrument.
 1811         c. One of the following:
 1812         (I) A copy of a memorandum of agreement, as defined in s.
 1813  721.05, together with satisfactory evidence that the original
 1814  memorandum of agreement has been irretrievably delivered for
 1815  recording to the appropriate official responsible for
 1816  maintaining the public records in the county in which the
 1817  subject accommodations and facilities are located. The original
 1818  memorandum of agreement must be recorded within 180 days after
 1819  the date on which the purchaser executed her or his purchase
 1820  agreement.
 1821         (II) A notice delivered for recording to the appropriate
 1822  official responsible for maintaining the public records in each
 1823  county in which the subject accommodations and facilities are
 1824  located notifying all persons of the identity of an independent
 1825  escrow agent or trustee satisfying the requirements of
 1826  subparagraph 4. that shall maintain separate books and records,
 1827  in accordance with good accounting practices, for the timeshare
 1828  plan in which timeshare licenses are to be sold. The books and
 1829  records shall indicate each accommodation and facility that is
 1830  subject to such a timeshare plan and each purchaser of a
 1831  timeshare license in the timeshare plan.
 1832         2. Timeshare estates.—If the timeshare plan is one in which
 1833  timeshare estates are to be sold and no cancellation or default
 1834  has occurred, the escrow agent may release the escrowed funds or
 1835  other property to or on the order of the developer upon
 1836  presentation of:
 1837         a. An affidavit by the developer that all of the following
 1838  conditions have been met:
 1839         (I) Expiration of the cancellation period.
 1840         (II) Completion of construction.
 1841         (III) Closing.
 1842         b. If the timeshare estate is sold by agreement for deed, a
 1843  certified copy of the recorded nondisturbance and notice to
 1844  creditors instrument, as described in this section.
 1845         c. Evidence that each accommodation and facility:
 1846         (I) Is free and clear of the claims of any interestholders,
 1847  other than the claims of interestholders that, through a
 1848  recorded instrument, are irrevocably made subject to the
 1849  timeshare instrument and the use rights of purchasers made
 1850  available through the timeshare instrument;
 1851         (II) Is the subject of a recorded nondisturbance and notice
 1852  to creditors instrument that complies with subsection (3) and s.
 1853  721.17; or
 1854         (III) Has been transferred into a trust satisfying the
 1855  requirements of subparagraph 4.
 1856         d. Evidence that the timeshare estate:
 1857         (I) Is free and clear of the claims of any interestholders,
 1858  other than the claims of interestholders that, through a
 1859  recorded instrument, are irrevocably made subject to the
 1860  timeshare instrument and the use rights of purchasers made
 1861  available through the timeshare instrument; or
 1862         (II) Is the subject of a recorded nondisturbance and notice
 1863  to creditors instrument that complies with subsection (3) and s.
 1864  721.17.
 1865         3. Personal property timeshare interests.—If the timeshare
 1866  plan is one in which personal property timeshare interests are
 1867  to be sold and no cancellation or default has occurred, the
 1868  escrow agent may release the escrowed funds or other property to
 1869  or on the order of the developer upon presentation of:
 1870         a. An affidavit by the developer that all of the following
 1871  conditions have been met:
 1872         (I) Expiration of the cancellation period.
 1873         (II) Completion of construction.
 1874         (III) Closing.
 1875         b. If the personal property timeshare interest is sold by
 1876  agreement for transfer, evidence that the agreement for transfer
 1877  complies fully with s. 721.06 and this section.
 1878         c. Evidence that one of the following has occurred:
 1879         (I) Transfer by the owner of the underlying personal
 1880  property of legal title to the subject accommodations and
 1881  facilities or all use rights therein into a trust satisfying the
 1882  requirements of subparagraph 4.; or
 1883         (II) Transfer by the owner of the underlying personal
 1884  property of legal title to the subject accommodations and
 1885  facilities or all use rights therein into an owners’ association
 1886  satisfying the requirements of subparagraph 5.
 1887         d. Evidence of compliance with the provisions of
 1888  subparagraph 6., if required.
 1889         e. If a personal property timeshare plan is created with
 1890  respect to accommodations and facilities that are located on or
 1891  in an oceangoing vessel, including a “documented vessel” or a
 1892  “foreign vessel,” as defined and governed by 46 U.S.C. chapter
 1893  301:
 1894         (I) In making the transfer required in sub-subparagraph c.,
 1895  the developer shall use as its transfer instrument a document
 1896  that establishes and protects the continuance of the use rights
 1897  in the subject accommodations and facilities in a manner that is
 1898  enforceable by the trust or owners’ association.
 1899         (II) The transfer instrument shall comply fully with the
 1900  provisions of this chapter, shall be part of the timeshare
 1901  instrument, and shall contain specific provisions that:
 1902         (A) Prohibit the vessel owner, the developer, any manager
 1903  or operator of the vessel, the owners’ association or the
 1904  trustee, the managing entity, or any other person from incurring
 1905  any liens against the vessel except for liens that are required
 1906  for the operation and upkeep of the vessel, including liens for
 1907  fuel expenditures, repairs, crews’ wages, and salvage, and
 1908  except as provided in sub-sub-subparagraphs 4.b.(III) and
 1909  5.b.(III). All expenses, fees, and taxes properly incurred in
 1910  connection with the creation, satisfaction, and discharge of any
 1911  such permitted lien, or a prorated portion thereof if less than
 1912  all of the accommodations on the vessel are subject to the
 1913  timeshare plan, shall be common expenses of the timeshare plan.
 1914         (B) Grant a lien against the vessel in favor of the owners’
 1915  association or trustee to secure the full and faithful
 1916  performance of the vessel owner and developer of all of their
 1917  obligations to the purchasers.
 1918         (C) Establish governing law in a jurisdiction that
 1919  recognizes and will enforce the timeshare instrument and the
 1920  laws of the jurisdiction of registry of the vessel.
 1921         (D) Require that a description of the use rights of
 1922  purchasers be posted and displayed on the vessel in a manner
 1923  that will give notice of such rights to any party examining the
 1924  vessel. This notice must identify the owners’ association or
 1925  trustee and include a statement disclosing the limitation on
 1926  incurring liens against the vessel described in sub-sub-sub
 1927  subparagraph (A).
 1928         (E) Include the nondisturbance and notice to creditors
 1929  instrument for the vessel owner and any other interestholders.
 1930         (F) The owners’ association created under subparagraph 5.
 1931  or trustee created under subparagraph 4. shall have access to
 1932  any certificates of classification in accordance with the
 1933  timeshare instrument.
 1934         (III) If the vessel is a foreign vessel, the vessel must be
 1935  registered in a jurisdiction that permits a filing evidencing
 1936  the use rights of purchasers in the subject accommodations and
 1937  facilities, offers protection for such use rights against
 1938  unfiled and inferior claims, and recognizes the document or
 1939  instrument creating such use rights as a lien against the
 1940  vessel.
 1941         (IV) In addition to the disclosures required by s.
 1942  721.07(5), the public offering statement and purchase contract
 1943  must contain a disclosure in conspicuous type in substantially
 1944  the following form:
 1945  
 1946  The laws of the State of Florida govern the offering of this
 1947  timeshare plan in this state. There are inherent risks in
 1948  purchasing a timeshare interest in this timeshare plan because
 1949  the accommodations and facilities of the timeshare plan are
 1950  located on a vessel that will sail into international waters and
 1951  into waters governed by many different jurisdictions. Therefore,
 1952  the laws of the State of Florida cannot fully protect your
 1953  purchase of an interest in this timeshare plan. Specifically,
 1954  management and operational issues may need to be addressed in
 1955  the jurisdiction in which the vessel is registered, which is
 1956  (insert jurisdiction in which vessel is registered). Concerns of
 1957  purchasers may be sent to (insert name of applicable regulatory
 1958  agency and address).
 1959  
 1960         4. Trust.—
 1961         a. If the subject accommodations or facilities, or all use
 1962  rights therein, are to be transferred into a trust in order to
 1963  comply with this paragraph, such transfer shall take place
 1964  pursuant to this subparagraph. If the accommodations or
 1965  facilities included in such transfer are subject to a lease, the
 1966  unexpired term of the lease must be disclosed as the term of the
 1967  timeshare plan pursuant to s. 721.07(5)(f)4.
 1968         b. Prior to the transfer of the subject accommodations and
 1969  facilities, or all use rights therein, to a trust, any lien or
 1970  other encumbrance against such accommodations and facilities, or
 1971  use rights therein, shall be made subject to a nondisturbance
 1972  and notice to creditors instrument pursuant to subsection (3).
 1973  No transfer pursuant to this subparagraph shall become effective
 1974  until the trustee accepts such transfer and the responsibilities
 1975  set forth herein. A trust established pursuant to this
 1976  subparagraph shall comply with the following provisions:
 1977         (I) The trustee shall be an individual or a business entity
 1978  authorized and qualified to conduct trust business in this
 1979  state. Any corporation authorized to do business in this state
 1980  may act as trustee in connection with a timeshare plan pursuant
 1981  to this chapter. The trustee must be independent from any
 1982  developer or managing entity of the timeshare plan or any
 1983  interestholder of any accommodation or facility of such plan.
 1984         (II) The trust shall be irrevocable so long as any
 1985  purchaser has a right to occupy any portion of the timeshare
 1986  property pursuant to the timeshare plan.
 1987         (III) The trustee shall not convey, hypothecate, mortgage,
 1988  assign, lease, or otherwise transfer or encumber in any fashion
 1989  any interest in or portion of the timeshare property with
 1990  respect to which any purchaser has a right of use or occupancy
 1991  unless the timeshare plan is terminated pursuant to the
 1992  timeshare instrument, or such conveyance, hypothecation,
 1993  mortgage, assignment, lease, transfer, or encumbrance is
 1994  approved by a vote of two-thirds of all voting interests of the
 1995  timeshare plan. Subject to s. 721.552, a vote of the voting
 1996  interests of the timeshare plan is not required for substitution
 1997  or automatic deletion of accommodations or facilities.
 1998         (IV) All purchasers of the timeshare plan or the owners’
 1999  association of the timeshare plan shall be the express
 2000  beneficiaries of the trust. The trustee shall act as a fiduciary
 2001  to the beneficiaries of the trust. The personal liability of the
 2002  trustee shall be governed by ss. 736.08125, 736.08163, 736.1013,
 2003  and 736.1015. The agreement establishing the trust shall set
 2004  forth the duties of the trustee. The trustee shall be required
 2005  to furnish promptly to the division upon request a copy of the
 2006  complete list of the names and addresses of the owners in the
 2007  timeshare plan and a copy of any other books and records of the
 2008  timeshare plan required to be maintained pursuant to s. 721.13
 2009  that are in the possession, custody, or control of the trustee.
 2010  All expenses reasonably incurred by the trustee in the
 2011  performance of its duties, together with any reasonable
 2012  compensation of the trustee, shall be common expenses of the
 2013  timeshare plan.
 2014         (V) The trustee shall not resign upon less than 90 days’
 2015  prior written notice to the managing entity and the division. No
 2016  resignation shall become effective until a substitute trustee,
 2017  approved by the division, is appointed by the managing entity
 2018  and accepts the appointment.
 2019         (VI) The documents establishing the trust arrangement shall
 2020  constitute a part of the timeshare instrument.
 2021         (VII) For trusts holding property in a timeshare plan
 2022  located outside this state, the trust and trustee holding such
 2023  property shall be deemed in compliance with the requirements of
 2024  this subparagraph if such trust and trustee are authorized and
 2025  qualified to conduct trust business under the laws of such
 2026  jurisdiction and the agreement or law governing such trust
 2027  arrangement provides substantially similar protections for the
 2028  purchaser as are required in this subparagraph for trusts
 2029  holding property in a timeshare plan in this state.
 2030         (VIII) The trustee shall have appointed a registered agent
 2031  in this state for service of process. In the event such a
 2032  registered agent is not appointed, service of process may be
 2033  served pursuant to s. 721.265.
 2034         5. Owners’ association.—
 2035         a. If the subject accommodations or facilities, or all use
 2036  rights therein, are to be transferred into an owners’
 2037  association in order to comply with this paragraph, such
 2038  transfer shall take place pursuant to this subparagraph.
 2039         b. Before the transfer of the subject accommodations and
 2040  facilities, or all use rights therein, to an owners’
 2041  association, any lien or other encumbrance against such
 2042  accommodations and facilities, or use rights therein, shall be
 2043  made subject to a nondisturbance and notice to creditors
 2044  instrument pursuant to subsection (3). No transfer pursuant to
 2045  this subparagraph shall become effective until the owners’
 2046  association accepts such transfer and the responsibilities set
 2047  forth herein. An owners’ association established pursuant to
 2048  this subparagraph shall comply with the following provisions:
 2049         (I) The owners’ association shall be a business entity
 2050  authorized and qualified to conduct business in this state.
 2051  Control of the board of directors of the owners’ association
 2052  must be independent from any developer or managing entity of the
 2053  timeshare plan or any interestholder.
 2054         (II) The bylaws of the owners’ association shall provide
 2055  that the corporation may not be voluntarily dissolved without
 2056  the unanimous vote of all owners of personal property timeshare
 2057  interests so long as any purchaser has a right to occupy any
 2058  portion of the timeshare property pursuant to the timeshare
 2059  plan.
 2060         (III) The owners’ association shall not convey,
 2061  hypothecate, mortgage, assign, lease, or otherwise transfer or
 2062  encumber in any fashion any interest in or portion of the
 2063  timeshare property with respect to which any purchaser has a
 2064  right of use or occupancy, unless the timeshare plan is
 2065  terminated pursuant to the timeshare instrument, or unless such
 2066  conveyance, hypothecation, mortgage, assignment, lease,
 2067  transfer, or encumbrance is approved by a vote of two-thirds of
 2068  all voting interests of the association and such decision is
 2069  declared by a court of competent jurisdiction to be in the best
 2070  interests of the purchasers of the timeshare plan. The owners’
 2071  association shall notify the division in writing within 10 days
 2072  after receiving notice of the filing of any petition relating to
 2073  obtaining such a court order. The division shall have standing
 2074  to advise the court of the division’s interpretation of the
 2075  statute as it relates to the petition.
 2076         (IV) All purchasers of the timeshare plan shall be members
 2077  of the owners’ association and shall be entitled to vote on
 2078  matters requiring a vote of the owners’ association as provided
 2079  in this chapter or the timeshare instrument. The owners’
 2080  association shall act as a fiduciary to the purchasers of the
 2081  timeshare plan. The articles of incorporation establishing the
 2082  owners’ association shall set forth the duties of the owners’
 2083  association. All expenses reasonably incurred by the owners’
 2084  association in the performance of its duties, together with any
 2085  reasonable compensation of the officers or directors of the
 2086  owners’ association, shall be common expenses of the timeshare
 2087  plan.
 2088         (V) The documents establishing the owners’ association
 2089  shall constitute a part of the timeshare instrument.
 2090         (VI) For owners’ associations holding property in a
 2091  timeshare plan located outside this state, the owners’
 2092  association holding such property shall be deemed in compliance
 2093  with the requirements of this subparagraph if such owners’
 2094  association is authorized and qualified to conduct owners’
 2095  association business under the laws of such jurisdiction and the
 2096  agreement or law governing such arrangement provides
 2097  substantially similar protections for the purchaser as are
 2098  required in this subparagraph for owners’ associations holding
 2099  property in a timeshare plan in this state.
 2100         (VII) The owners’ association shall have appointed a
 2101  registered agent in this state for service of process. In the
 2102  event such a registered agent cannot be located, service of
 2103  process may be made pursuant to s. 721.265.
 2104         6. Personal property subject to certificate of title.—If
 2105  any personal property that is an accommodation or facility of a
 2106  timeshare plan is subject to a certificate of title in this
 2107  state pursuant to chapter 319 or chapter 328, the following
 2108  notation must be made on such certificate of title pursuant to
 2109  s. 319.27(1) or s. 328.15 s. 328.15(1):
 2110  
 2111  The further transfer or encumbrance of the property subject to
 2112  this certificate of title, or any lien or encumbrance thereon,
 2113  is subject to the requirements of section 721.17, Florida
 2114  Statutes, and the transferee or lienor agrees to be bound by all
 2115  of the obligations set forth therein.
 2116  
 2117         7. If the developer has previously provided a certified
 2118  copy of any document required by this paragraph, she or he may
 2119  for all subsequent disbursements substitute a true and correct
 2120  copy of the certified copy, provided no changes to the document
 2121  have been made or are required to be made.
 2122         8. In the event that use rights relating to an
 2123  accommodation or facility are transferred into a trust pursuant
 2124  to subparagraph 4. or into an owners’ association pursuant to
 2125  subparagraph 5., all other interestholders, including the owner
 2126  of the underlying fee or underlying personal property, must
 2127  execute a nondisturbance and notice to creditors instrument
 2128  pursuant to subsection (3).
 2129         Section 31. (1)The rights, duties, and interests flowing
 2130  from a transaction, certificate of title, or record relating to
 2131  a vessel which was validly entered into or created before the
 2132  effective date of this act and would be subject to this act if
 2133  it had been entered into or created on or after the effective
 2134  date of this act remain valid on and after the effective date of
 2135  this act.
 2136         (2)This act does not affect an action or a proceeding
 2137  commenced before the effective date of this act.
 2138         (3)Except as otherwise provided in subsection (4), a
 2139  security interest that is enforceable immediately before the
 2140  effective date of this act and would have priority over the
 2141  rights of a person who becomes a lien creditor at that time is a
 2142  perfected security interest under this act.
 2143         (4)A security interest perfected immediately before the
 2144  effective date of this act remains perfected until the earlier
 2145  of:
 2146         (a)The time perfection would have ceased under the law
 2147  under which the security interest was perfected; or
 2148         (b)Three years after the effective date of this act.
 2149         (5)This act does not affect the priority of a security
 2150  interest in a vessel if immediately before the effective date of
 2151  this act the security interest is enforceable and perfected, and
 2152  that priority is established.
 2153         Section 32. Subject to section 31 of this act, this act
 2154  applies to any transaction, certificate of title, or record
 2155  relating to a vessel, even if the transaction, certificate of
 2156  title, or record was entered into or created before the
 2157  effective date of this act.
 2158         Section 33. This act shall take effect July 1, 2023.