Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 676
       
       
       
       
       
                               Ì566294EÎ566294                          
       
       576-04110-19                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    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.A watercraft less than 16 feet in length and propelled
  240  solely by sail, paddle, oar, or an engine of less than 10
  241  horsepower;
  242         4.A watercraft that operates only on a permanently fixed,
  243  manufactured course and the movement of which is restricted to
  244  or guided by means of a mechanical device to which the
  245  watercraft is attached or by which the watercraft is controlled;
  246         5.A stationary floating structure that:
  247         a.Does not have and is not designed to have a mode of
  248  propulsion of its own;
  249         b.Is dependent for utilities upon a continuous utility
  250  hookup to a source originating on shore; and
  251         c.Has a permanent, continuous hookup to a shoreside sewage
  252  system;
  253         6.Watercraft owned by the United States, a state, or a
  254  foreign government or a political subdivision of any of them;
  255  and
  256         7.A watercraft used solely as a lifeboat on another
  257  watercraft.
  258         (ff)“Vessel number” means the alphanumeric designation for
  259  a vessel issued pursuant to 46 U.S.C. s. 12301.
  260         (gg)“Written certificate of title” means a certificate of
  261  title consisting of information inscribed on a tangible medium.
  262         (2)The following definitions and terms also apply to this
  263  part:
  264         (a)“Agreement” as defined in s. 671.201(3).
  265         (b)“Buyer in ordinary course of business” as defined in s.
  266  671.201(9).
  267         (c)“Conspicuous” as defined in s. 671.201(10).
  268         (d)“Consumer goods” as defined in s. 679.1021(1)(w).
  269         (e)“Debtor” as defined in s. 679.1021(1)(bb).
  270         (f)“Knowledge” as defined in s. 671.209.
  271         (g)“Lease” as defined in s. 680.1031(1)(j).
  272         (h)“Lessor” as defined in 680.1031(1)(p).
  273         (i)“Notice” as defined s. 671.209.
  274         (j)“Representative” as defined in s. 671.201(36).
  275         (k)“Sale” as defined in s. 672.106(1).
  276         (l)“Security agreement” as defined in s. 679.1021(1)(uuu).
  277         (m)“Seller” as defined in s. 672.103(1)(d).
  278         (n)“Send” as defined in s. 671.201(39).
  279         (o)“Value” as defined in s. 671.211.
  280         Section 3. Section 328.01, Florida Statutes, is amended to
  281  read:
  282         328.01 Application for certificate of title.—
  283         (1)(a) The owner of a vessel which is required to be titled
  284  shall apply to the county tax collector for a certificate of
  285  title. Except as otherwise provided in ss. 328.045, 328.11,
  286  328.12, 328.215, 328.23, and 328.24, only an owner may apply for
  287  a certificate of title.
  288         (2)An application for a certificate of title must be
  289  signed by the applicant and contain:
  290         (a)The applicant’s name, the street address of the
  291  applicant’s principal residence, and, if different, the
  292  applicant’s mailing address;
  293         (b)The name and mailing address of each other owner of the
  294  vessel;
  295         (c)The hull identification number for the vessel or, if
  296  none, an application for the issuance of a hull identification
  297  number for the vessel;
  298         (d)The vessel number for the vessel or, if none is issued
  299  by the department, an application for a vessel number;
  300         (e)A description of the vessel as required by the
  301  department, which must include:
  302         1.The official number for the vessel, if any, assigned by
  303  the United States Coast Guard;
  304         2.The name of the manufacturer, builder, or maker;
  305         3.The model year or the year in which the manufacture or
  306  build of the vessel was completed;
  307         4.The overall length of the vessel;
  308         5.The vessel type;
  309         6.The hull material;
  310         7.The propulsion type;
  311         8.The engine drive type, if any; and
  312         9.The fuel type, if any;
  313         (f)An indication of all security interests in the vessel
  314  known to the applicant and the name and mailing address of each
  315  secured party;
  316         (g)A statement that the vessel is not a documented vessel
  317  or a foreign-documented vessel;
  318         (h)Any title brand known to the applicant and, if known,
  319  the jurisdiction under whose law the title brand was created;
  320         (i)If the applicant knows that the vessel is hull damaged,
  321  a statement that the vessel is hull damaged;
  322         (j)If the application is made in connection with a
  323  transfer of ownership, the transferor’s name, street address,
  324  and, if different, mailing address, the sales price, if any, and
  325  the date of the transfer; and
  326         (k)If the vessel was previously registered or titled in
  327  another jurisdiction, a statement identifying each jurisdiction
  328  known to the applicant in which the vessel was registered or
  329  titled.
  330         (3)In addition to the information required by subsection
  331  (2), an application for a certificate of title may contain an
  332  electronic address of the owner, transferor, or secured party.
  333         (4)Except as otherwise provided in s. 328.11, s. 328.215,
  334  s. 328.23, or s. 328.24, an application for a certificate of
  335  title must be accompanied by:
  336         (a)A certificate of title signed by the owner shown on the
  337  certificate and which:
  338         1.Identifies the applicant as the owner of the vessel; or
  339         2.Is accompanied by a record that identifies the applicant
  340  as the owner; or
  341         (b)If there is no certificate of title:
  342         1.If the vessel was a documented vessel, a record issued
  343  by the United States Coast Guard which shows the vessel is no
  344  longer a documented vessel and identifies the applicant as the
  345  owner;
  346         2.If the vessel was a foreign-documented vessel, a record
  347  issued by the foreign country which shows the vessel is no
  348  longer a foreign-documented vessel and identifies the applicant
  349  as the owner; or
  350         3.In all other cases, a certificate of origin, bill of
  351  sale, or other record that to the satisfaction of the department
  352  identifies the applicant as the owner.
  353         (5)A record submitted in connection with an application is
  354  part of the application. The department shall maintain the
  355  record in its files.
  356         (6)The department may require that an application for a
  357  certificate of title be accompanied by payment or evidence of
  358  payment of all fees and taxes payable by the applicant under the
  359  laws of this state, other than this part, in connection with the
  360  application or the acquisition or use of the vessel The
  361  application shall include the true name of the owner, the
  362  residence or business address of the owner, and the complete
  363  description of the vessel, including the hull identification
  364  number, except that an application for a certificate of title
  365  for a homemade vessel shall state all the foregoing information
  366  except the hull identification number.
  367         (7)(a) The application shall be signed by the owner and
  368  shall be accompanied by personal or business identification and
  369  the prescribed fee. An individual applicant must provide a valid
  370  driver license or identification card issued by this state or
  371  another state or a valid passport. A business applicant must
  372  provide a federal employer identification number, if applicable,
  373  verification that the business is authorized to conduct business
  374  in the state, or a Florida city or county business license or
  375  number.
  376         (b) The owner of an undocumented vessel that is exempt from
  377  titling may apply to the county tax collector for a certificate
  378  of title by filing an application accompanied by the prescribed
  379  fee.
  380         (2)(a)The owner of a manufactured vessel that was
  381  initially sold in this state for which vessel an application for
  382  an initial title is made shall establish proof of ownership by
  383  submitting with the application the original copy of the
  384  manufacturer’s statement of origin for that vessel.
  385         (b)The owner of a manufactured vessel that was initially
  386  sold in another state or country for which vessel an application
  387  for an initial title is made shall establish proof of ownership
  388  by submitting with the application:
  389         1.The original copy of the manufacturer’s statement of
  390  origin if the vessel was initially sold or manufactured in a
  391  state or country requiring the issuance of such a statement or
  392  the original copy of the executed bill of sale if the vessel was
  393  initially sold or manufactured in a state or country not
  394  requiring the issuance of a manufacturer’s statement of origin;
  395  and
  396         2.The most recent certificate of registration for the
  397  vessel, if such a certificate was issued.
  398         (c)In making application for an initial title, the owner
  399  of a homemade vessel shall establish proof of ownership by
  400  submitting with the application:
  401         1.A notarized statement of the builder or its equivalent,
  402  whichever is acceptable to the Department of Highway Safety and
  403  Motor Vehicles, if the vessel is less than 16 feet in length; or
  404         2.A certificate of inspection from the Fish and Wildlife
  405  Conservation Commission and a notarized statement of the builder
  406  or its equivalent, whichever is acceptable to the Department of
  407  Highway Safety and Motor Vehicles, if the vessel is 16 feet or
  408  more in length.
  409         (d)The owner of a nontitled vessel registered or
  410  previously registered in another state or country for which an
  411  application for title is made in this state shall establish
  412  proof of ownership by surrendering, with the submission of the
  413  application, the original copy of the most current certificate
  414  of registration issued by the other state or country.
  415         (e)The owner of a vessel titled in another state or
  416  country for which an application for title is made in this state
  417  shall not be issued a title unless and until all existing titles
  418  to the vessel are surrendered to the Department of Highway
  419  Safety and Motor Vehicles. The department shall retain the
  420  evidence of title which is presented by the applicant and on the
  421  basis of which the certificate of title is issued. The
  422  department shall use reasonable diligence in ascertaining
  423  whether the facts in the application are true; and, if satisfied
  424  that the applicant is the owner of the vessel and that the
  425  application is in the proper form, the department shall issue a
  426  certificate of title.
  427         (f)In making application for the titling of a vessel
  428  previously documented by the Federal Government, the current
  429  owner shall establish proof of ownership by submitting with the
  430  application a copy of the canceled documentation papers or a
  431  properly executed release-from-documentation certificate
  432  provided by the United States Coast Guard. In the event such
  433  documentation papers or certification are in the name of a
  434  person other than the current owner, the current owner shall
  435  provide the original copy of all subsequently executed bills of
  436  sale applicable to the vessel.
  437         (3)(a)In making application for a title upon transfer of
  438  ownership of a vessel, the new owner shall surrender to the
  439  Department of Highway Safety and Motor Vehicles the last title
  440  document issued for that vessel. The document shall be properly
  441  executed. Proper execution includes, but is not limited to, the
  442  previous owner’s signature and certification that the vessel to
  443  be transferred is debt-free or is subject to a lien. If a lien
  444  exists, the previous owner shall furnish the new owner, on forms
  445  supplied by the Department of Highway Safety and Motor Vehicles,
  446  the names and addresses of all lienholders and the dates of all
  447  liens, together with a statement from each lienholder that the
  448  lienholder has knowledge of and consents to the transfer of
  449  title to the new owner.
  450         (b)If the application for transfer of title is based upon
  451  a contractual default, the recorded lienholder shall establish
  452  proof of right to ownership by submitting with the application
  453  the original certificate of title and a copy of the applicable
  454  contract upon which the claim of ownership is made. If the claim
  455  is based upon a court order or judgment, a copy of such document
  456  shall accompany the application for transfer of title. If, on
  457  the basis of departmental records, there appears to be any other
  458  lien on the vessel, the certificate of title must contain a
  459  statement of such a lien, unless the application for a
  460  certificate of title is either accompanied by proper evidence of
  461  the satisfaction or extinction of the lien or contains a
  462  statement certifying that any lienholder named on the last
  463  issued certificate of title has been sent notice by certified
  464  mail, at least 5 days before the application was filed, of the
  465  applicant’s intention to seek a repossessed title. If such
  466  notice is given and no written protest to the department is
  467  presented by a subsequent lienholder within 15 days after the
  468  date on which the notice was mailed, the certificate of title
  469  shall be issued showing no liens. If the former owner or any
  470  subsequent lienholder files a written protest under oath within
  471  the 15-day period, the department shall not issue the
  472  repossessed certificate for 10 days thereafter. If, within the
  473  10-day period, no injunction or other order of a court of
  474  competent jurisdiction has been served on the department
  475  commanding it not to deliver the certificate, the department
  476  shall deliver the repossessed certificate to the applicant, or
  477  as is otherwise directed in the application, showing no other
  478  liens than those shown in the application.
  479         (c)In making application for transfer of title from a
  480  deceased titled owner, the new owner or surviving coowner shall
  481  establish proof of ownership by submitting with the application
  482  the original certificate of title and the decedent’s probated
  483  last will and testament or letters of administration appointing
  484  the personal representative of the decedent. In lieu of a
  485  probated last will and testament or letters of administration, a
  486  copy of the decedent’s death certificate, a copy of the
  487  decedent’s last will and testament, and an affidavit by the
  488  decedent’s surviving spouse or heirs affirming rights of
  489  ownership may be accepted by the department. If the decedent
  490  died intestate, a court order awarding the ownership of the
  491  vessel or an affidavit by the decedent’s surviving spouse or
  492  heirs establishing or releasing all rights of ownership and a
  493  copy of the decedent’s death certificate shall be submitted to
  494  the department.
  495         (c)(d) An owner or coowner who has made a bona fide sale or
  496  transfer of a vessel and has delivered possession thereof to a
  497  purchaser shall not, by reason of any of the provisions of this
  498  chapter, be considered the owner or coowner of the vessel so as
  499  to be subject to civil liability for the operation of the vessel
  500  thereafter by another if the owner or coowner has fulfilled
  501  either of the following requirements:
  502         1. The owner or coowner has delivered to the department, or
  503  has placed in the United States mail, addressed to the
  504  department, either the certificate of title, properly endorsed,
  505  or a notice in the form prescribed by the department; or
  506         2. The owner or coowner has made proper endorsement and
  507  delivery of the certificate of title as provided by this
  508  chapter. As used in this subparagraph, the term “proper
  509  endorsement” means:
  510         a. The signature of one coowner if the vessel is held in
  511  joint tenancy, signified by the vessel’s being registered in the
  512  names of two or more persons as coowners in the alternative by
  513  the use of the word “or.” In a joint tenancy, each coowner is
  514  considered to have granted to each of the other coowners the
  515  absolute right to dispose of the title and interest in the
  516  vessel, and, upon the death of a coowner, the interest of the
  517  decedent in the jointly held vessel passes to the surviving
  518  coowner or coowners. This sub-subparagraph is applicable even if
  519  the coowners are husband and wife; or
  520         b. The signatures of every coowner or of the respective
  521  personal representatives of the coowners if the vessel is
  522  registered in the names of two or more persons as coowners in
  523  the conjunctive by the use of the word “and.”
  524  
  525  The department shall adopt suitable language that must appear
  526  upon the certificate of title to effectuate the manner in which
  527  the interest in or title to the vessel is held.
  528         (8)(4) If the owner cannot furnish the department of
  529  Highway Safety and Motor Vehicles with all the required
  530  ownership documentation, the department may, at its discretion,
  531  issue a title conditioned on the owner’s agreement to indemnify
  532  the department and its agents and defend the title against all
  533  claims or actions arising out of such issuance.
  534         (9)(5)(a) An application for an initial title or a title
  535  transfer shall include payment of the applicable state sales tax
  536  or proof of payment of such tax.
  537         (b) An application for a title transfer between
  538  individuals, which transfer is not exempt from the payment of
  539  sales tax, shall include payment of the appropriate sales tax
  540  payable on the selling price for the complete vessel rig, which
  541  includes the vessel and its motor, trailer, and accessories, if
  542  any. If the applicant submits with his or her application an
  543  itemized, properly executed bill of sale which separately
  544  describes and itemizes the prices paid for each component of the
  545  rig, only the vessel and trailer will be subject to the sales
  546  tax.
  547         (10)(6) The department of Highway Safety and Motor Vehicles
  548  shall prescribe and provide suitable forms for applications,
  549  certificates of title, notices of security interests, and other
  550  notices and forms necessary to carry out the provisions of this
  551  chapter.
  552         Section 4. Section 328.015, Florida Statutes, is created to
  553  read:
  554         328.015Duties and operation of the department.—
  555         (1)The department shall retain the evidence used to
  556  establish the accuracy of the information in its files relating
  557  to the current ownership of a vessel and the information on the
  558  certificate of title.
  559         (2)The department shall retain in its files all
  560  information regarding a security interest in a vessel for at
  561  least 10 years after the department receives a termination
  562  statement regarding the security interest. The information must
  563  be accessible by the hull identification number for the vessel
  564  and any other methods provided by the department.
  565         (3)If a person submits a record to the department, or
  566  submits information that is accepted by the department, and
  567  requests an acknowledgment of the filing or submission, the
  568  department shall send to the person an acknowledgment showing
  569  the hull identification number of the vessel to which the record
  570  or submission relates, the information in the filed record or
  571  submission, and the date and time the record was received or the
  572  submission was accepted. A request under this section must
  573  contain the hull identification number and be delivered by means
  574  authorized by the department.
  575         (4)The department shall send or otherwise make available
  576  in a record the following information to any person who requests
  577  it and pays the applicable fee:
  578         (a)Whether the files of the department indicate, as of a
  579  date and time specified by the department, but not a date
  580  earlier than 3 days before the department received the request,
  581  any certificate of title, security interest, termination
  582  statement, or title brand that relates to a vessel:
  583         1.Identified by a hull identification number designated in
  584  the request;
  585         2.Identified by a vessel number designated in the request;
  586  or
  587         3.Owned by a person designated in the request;
  588         (b)With respect to the vessel:
  589         1.The name and address of any owner as indicated in the
  590  files of the department or on the certificate of title;
  591         2.The name and address of any secured party as indicated
  592  in the files of the department or on the certificate, and the
  593  effective date of the information; and
  594         3.A copy of any termination statement indicated in the
  595  files of the department and the effective date of the
  596  termination statement; and
  597         (c)With respect to the vessel, a copy of any certificate
  598  of origin, secured party transfer statement, transfer-by-law
  599  statement under s. 328.24, and other evidence of previous or
  600  current transfers of ownership.
  601         (5)In responding to a request under this section, the
  602  department may provide the requested information in any medium.
  603  On request, the department shall send the requested information
  604  in a record that is self-authenticating.
  605         Section 5. Section 328.02, Florida Statutes, is created to
  606  read:
  607         328.02Law governing vessel covered by certificate of
  608  title.—
  609         (1)The law of the state under which a vessel’s certificate
  610  of title is covered governs all issues relating to the
  611  certificate from the time the vessel becomes covered by the
  612  certificate until the vessel becomes covered by another
  613  certificate or becomes a documented vessel, even if no other
  614  relationship exists between the state and the vessel or its
  615  owner.
  616         (2)A vessel becomes covered by a certificate of title when
  617  an application for the certificate and the applicable fee are
  618  delivered to the department in accordance with this part or to
  619  the governmental agency that creates a certificate in another
  620  jurisdiction in accordance with the law of that jurisdiction.
  621         Section 6. Section 328.03, Florida Statutes, is amended to
  622  read:
  623         328.03 Certificate of title required.—
  624         (1) Except as otherwise provided in subsections (2) and
  625  (3), each vessel that is operated, used, or stored on the waters
  626  of this state must be titled by this state pursuant to this
  627  part, and the owner of a vessel for which this state is the
  628  state of principal use shall deliver to the department an
  629  application for a certificate of title for the vessel, with the
  630  applicable fee, not later than 30 days after the later of:
  631         (a)The date of a transfer of ownership; or
  632         (b)The date this state becomes the state of principal use.
  633         (2)An application for a certificate of title is not
  634  required for chapter, unless it is:
  635         (a)A documented vessel;
  636         (b)A foreign-documented vessel;
  637         (c)A barge;
  638         (d)A vessel before delivery if the vessel is under
  639  construction or completed pursuant to contract;
  640         (e)A vessel held by a dealer for sale or lease;
  641         (f)A vessel used solely for demonstration, testing, or
  642  sales promotional purposes by the manufacturer or dealer;
  643         (g)(a) A vessel operated, used, or stored exclusively on
  644  private lakes and ponds;
  645         (h)(b) A vessel owned by the United States Government;
  646         (c)A non-motor-powered vessel less than 16 feet in length;
  647         (d)A federally documented vessel;
  648         (i)(e) A vessel already covered by a registration number in
  649  full force and effect which was awarded to it pursuant to a
  650  federally approved numbering system of another state or by the
  651  United States Coast Guard in a state without a federally
  652  approved numbering system, if the vessel is not located in this
  653  state for a period in excess of 90 consecutive days; or
  654         (j)(f) A vessel from a country other than the United States
  655  temporarily used, operated, or stored on the waters of this
  656  state for a period that is not in excess of 90 days;
  657         (g)An amphibious vessel for which a vehicle title is
  658  issued by the Department of Highway Safety and Motor Vehicles;
  659         (h)A vessel used solely for demonstration, testing, or
  660  sales promotional purposes by the manufacturer or dealer; or
  661         (i)A vessel owned and operated by the state or a political
  662  subdivision thereof.
  663         (3)The department may not issue, transfer, or renew a
  664  number issued to a vessel pursuant to the requirements of 46
  665  U.S.C. s. 12301 unless the department has created a certificate
  666  of title for the vessel or an application for a certificate for
  667  the vessel and the applicable fee have been delivered to the
  668  department.
  669         (2)A person shall not operate, use, or store a vessel for
  670  which a certificate of title is required unless the owner has
  671  received from the Department of Highway Safety and Motor
  672  Vehicles a valid certificate of title for such vessel. However,
  673  such vessel may be operated, used, or stored for a period of up
  674  to 180 days after the date of application for a certificate of
  675  title while the application is pending.
  676         (3)A person shall not sell, assign, or transfer a vessel
  677  titled by the state without delivering to the purchaser or
  678  transferee a valid certificate of title with an assignment on it
  679  showing the transfer of title to the purchaser or transferee. A
  680  person shall not purchase or otherwise acquire a vessel required
  681  to be titled by the state without obtaining a certificate of
  682  title for the vessel in his or her name. The purchaser or
  683  transferee shall, within 30 days after a change in vessel
  684  ownership, file an application for a title transfer with the
  685  county tax collector.
  686         (4) An additional $10 fee shall be charged against the
  687  purchaser or transferee if he or she files a title transfer
  688  application after the 30-day period. The county tax collector
  689  shall be entitled to retain $5 of the additional amount.
  690         (5)(4) A certificate of title is prima facie evidence of
  691  the accuracy of the information in the record that constitutes
  692  the certificate and of the ownership of the vessel. A
  693  certificate of title is good for the life of the vessel so long
  694  as the certificate is owned or held by the legal holder. If a
  695  titled vessel is destroyed or abandoned, the owner, with the
  696  consent of any recorded lienholders, shall, within 30 days after
  697  the destruction or abandonment, surrender to the department for
  698  cancellation any and all title documents. If a titled vessel is
  699  insured and the insurer has paid the owner for the total loss of
  700  the vessel, the insurer shall obtain the title to the vessel
  701  and, within 30 days after receiving the title, forward the title
  702  to the department of Highway Safety and Motor Vehicles for
  703  cancellation. The insurer may retain the certificate of title
  704  when payment for the loss was made because of the theft of the
  705  vessel.
  706         (6)(5) The department of Highway Safety and Motor Vehicles
  707  shall provide labeled places on the title where the seller’s
  708  price shall be indicated when a vessel is sold and where a
  709  selling dealer shall record his or her valid sales tax
  710  certificate of registration number.
  711         (7)(6)(a) The department of Highway Safety and Motor
  712  Vehicles shall charge a fee of $5.25 for issuing each
  713  certificate of title. The tax collector shall be entitled to
  714  retain $3.75 of the fee.
  715         (b) Beginning July 1, 1996, The department of Highway
  716  Safety and Motor Vehicles shall use security procedures,
  717  processes, and materials in the preparation and issuance of each
  718  certificate of title to prohibit, to the extent possible, a
  719  person’s ability to alter, counterfeit, duplicate, or modify the
  720  certificate.
  721         (8)(7) The department of Highway Safety and Motor Vehicles
  722  shall charge a fee of $4 in addition to that charged in
  723  subsection (7) (6) for each initial certificate of title issued
  724  for a vessel previously registered outside this state.
  725         (9)(8) The department of Highway Safety and Motor Vehicles
  726  shall make regulations necessary and convenient to carry out the
  727  provisions of this chapter.
  728         Section 7. Section 328.04, Florida Statutes, is created to
  729  read:
  730         328.04Content of certificate of title.—
  731         (1)A certificate of title must contain:
  732         (a)The date the certificate was created;
  733         (b)The name of the owner of record and, if not all owners
  734  are listed, an indication that there are additional owners
  735  indicated in the files of the department;
  736         (c)The mailing address of the owner of record;
  737         (d)The hull identification number;
  738         (e)The information listed in s. 328.01(2)(e);
  739         (f)Except as otherwise provided in s. 328.12(2), the name
  740  and mailing address of the secured party of record, if any, and
  741  if not all secured parties are listed, an indication that there
  742  are other security interests indicated in the files of the
  743  department; and
  744         (g)All title brands indicated in the files of the
  745  department covering the vessel, including brands indicated on a
  746  certificate created by a governmental agency of another
  747  jurisdiction and delivered to the department.
  748         (2)This part does not preclude the department from noting
  749  on a certificate of title the name and mailing address of a
  750  secured party that is not a secured party of record.
  751         (3)For each title brand indicated on a certificate of
  752  title, the certificate must identify the jurisdiction under
  753  whose law the title brand was created or the jurisdiction that
  754  created the certificate on which the title brand was indicated.
  755  If the meaning of a title brand is not easily ascertainable or
  756  cannot be accommodated on the certificate, the certificate may
  757  state: “Previously branded in (insert the jurisdiction under
  758  whose law the title brand was created or whose certificate of
  759  title previously indicated the title brand).”
  760         (4)If the files of the department indicate that a vessel
  761  was previously registered or titled in a foreign country, the
  762  department shall indicate on the certificate of title that the
  763  vessel was registered or titled in that country.
  764         (5)A written certificate of title must contain a form that
  765  all owners indicated on the certificate may sign to evidence
  766  consent to a transfer of an ownership interest to another
  767  person. The form must include a certification, signed under
  768  penalty of perjury, that the statements made are true and
  769  correct to the best of each owner’s knowledge, information, and
  770  belief.
  771         (6)A written certificate of title must contain a form for
  772  the owner of record to indicate, in connection with a transfer
  773  of an ownership interest, that the vessel is hull damaged.
  774         Section 8. Section 328.045, Florida Statutes, is created to
  775  read:
  776         328.045Title brands.—
  777         (1)Unless subsection (3) applies, at or before the time
  778  the owner of record transfers an ownership interest in a hull
  779  damaged vessel that is covered by a certificate of title created
  780  by the department, if the damage occurred while that person was
  781  an owner of the vessel and the person has notice of the damage
  782  at the time of the transfer, the owner shall:
  783         (a)Deliver to the department an application for a new
  784  certificate that complies with s. 328.01 and includes the title
  785  brand designation “Hull Damaged”; or
  786         (b)Indicate on the certificate in the place designated for
  787  that purpose that the vessel is hull damaged and deliver the
  788  certificate to the transferee.
  789         (2)Not later than 30 days after delivery of the
  790  application under paragraph (1)(a) or the certificate of title
  791  under paragraph (1)(b), the department shall create a new
  792  certificate that indicates that the vessel is branded “Hull
  793  Damaged.”
  794         (3)Before an insurer transfers an ownership interest in a
  795  hull-damaged vessel that is covered by a certificate of title
  796  created by the department, the insurer shall deliver to the
  797  department an application for a new certificate that complies
  798  with s. 328.01 and includes the title brand designation “Hull
  799  Damaged.” Not later than 30 days after delivery of the
  800  application to the department, the department shall create a new
  801  certificate that indicates that the vessel is branded “Hull
  802  Damaged.”
  803         (4)An owner of record who fails to comply with subsection
  804  (1), a person who solicits or colludes in a failure by an owner
  805  of record to comply with subsection (1), or an insurer that
  806  fails to comply with subsection (3) commits a noncriminal
  807  infraction under s. 327.73(1) for which the penalty is $5,000
  808  for the first offense, $15,000 for a second offense, and $25,000
  809  for each subsequent offense.
  810         Section 9. Section 328.055, Florida Statutes, is created to
  811  read:
  812         328.055Maintenance of and access to files.—
  813         (1)For each record relating to a certificate of title
  814  submitted to the department, the department shall:
  815         (a)Ascertain or assign the hull identification number for
  816  the vessel;
  817         (b)Maintain the hull identification number and all the
  818  information submitted with the application pursuant to s.
  819  328.01(2) to which the record relates, including the date and
  820  time the record was delivered to the department;
  821         (c)Maintain the files for public inspection subject to
  822  subsection (5); and
  823         (d)Index the files of the department as required by
  824  subsection (2).
  825         (2)The department shall maintain in its files the
  826  information contained in all certificates of title created under
  827  this part. The information in the files of the department must
  828  be searchable by the hull identification number of the vessel,
  829  the vessel number, the name of the owner of record, and any
  830  other method used by the department.
  831         (3)The department shall maintain in its files, for each
  832  vessel for which it has created a certificate of title, all
  833  title brands known to the department, the name of each secured
  834  party known to the department, the name of each person known to
  835  the department to be claiming an ownership interest, and all
  836  stolen property reports the department has received.
  837         (4)Upon request, for safety, security, or law enforcement
  838  purposes, the department shall provide to federal, state, or
  839  local government the information in its files relating to any
  840  vessel for which the department has issued a certificate of
  841  title.
  842         (5)Except as otherwise provided by the laws of this state,
  843  other than this part, the information required under s. 328.04
  844  is a public record.
  845         Section 10. Section 328.06, Florida Statutes, is created to
  846  read:
  847         328.06Action required on creation of certificate of
  848  title.—
  849         (1)On creation of a written certificate of title, the
  850  department shall promptly send the certificate to the secured
  851  party of record or, if none, to the owner of record at the
  852  address indicated for that person in the files of the
  853  department. On creation of an electronic certificate of title,
  854  the department shall promptly send a record evidencing the
  855  certificate to the owner of record and, if there is one, to the
  856  secured party of record at the address indicated for each person
  857  in the files of the department. The department may send the
  858  record to the person’s mailing address or, if indicated in the
  859  files of the department, an electronic address.
  860         (2)If the department creates a written certificate of
  861  title, any electronic certificate of title for the vessel is
  862  canceled and replaced by the written certificate. The department
  863  shall maintain in the files of the department the date and time
  864  of cancellation.
  865         (3)Before the department creates an electronic certificate
  866  of title, any written certificate for the vessel must be
  867  surrendered to the department. If the department creates an
  868  electronic certificate, the department shall destroy or
  869  otherwise cancel the written certificate for the vessel which
  870  has been surrendered to the department and maintain in the files
  871  of the department the date and time of destruction or other
  872  cancellation. If a written certificate being canceled is not
  873  destroyed, the department shall indicate on the face of the
  874  certificate that it has been canceled.
  875         Section 11. Section 328.065, Florida Statutes, is created
  876  to read:
  877         328.065Effect of possession of certificate of title;
  878  judicial process.—Possession of a certificate of title does not
  879  by itself provide a right to obtain possession of a vessel.
  880  Garnishment, attachment, levy, replevin, or other judicial
  881  process against the certificate is not effective to determine
  882  possessory rights to the vessel. This part does not prohibit
  883  enforcement under the laws of this state of a security interest
  884  in, levy on, or foreclosure of a statutory or common-law lien on
  885  a vessel. Absence of an indication of a statutory or common-law
  886  lien on a certificate does not invalidate the lien.
  887         Section 12. Section 328.09, Florida Statutes, is amended to
  888  read:
  889         (Substantial rewording of section. See
  890         s. 328.09, F.S., for present text.)
  891         328.09Refusal to issue and authority to cancel a
  892  certificate of title or registration.—
  893         (1)Unless an application for a certificate of title is
  894  rejected under subsection (3) or subsection (4), the department
  895  shall create a certificate for the vessel in accordance with
  896  subsection (2) not later than 30 days after delivery to the
  897  department of an application that complies with s. 328.01.
  898         (2)If the department creates electronic certificates of
  899  title, the department shall create an electronic certificate
  900  unless in the application the secured party of record or, if
  901  none, the owner of record requests that the department create a
  902  written certificate.
  903         (3)Except as otherwise provided in subsection (4), the
  904  department may reject an application for a certificate of title
  905  only if:
  906         (a)The application does not comply with s. 328.01;
  907         (b)The application does not contain documentation
  908  sufficient for the department to determine whether the applicant
  909  is entitled to a certificate;
  910         (c)There is a reasonable basis for concluding that the
  911  application is fraudulent or issuance of a certificate would
  912  facilitate a fraudulent or illegal act; or
  913         (d)The application does not comply with the laws of this
  914  state other than this part.
  915         (4)The department shall reject an application for a
  916  certificate of title for a vessel that is a documented vessel or
  917  a foreign-documented vessel.
  918         (5)The department may cancel a certificate of title
  919  created by it only if the department:
  920         (a)Could have rejected the application for the certificate
  921  under subsection (3);
  922         (b)Is required to cancel the certificate under another
  923  provision of this part; or
  924         (c)Receives satisfactory evidence that the vessel is a
  925  documented vessel or a foreign-documented vessel.
  926         (6)The decision by the department to reject an application
  927  for a certificate of title or cancel a certificate of title
  928  pursuant to this section is subject to a hearing pursuant to ss.
  929  120.569 and 120.57 at which the owner and any other interested
  930  party may present evidence in support of or opposition to the
  931  rejection of the application for a certificate of title or the
  932  cancellation of a certificate of title.
  933         Section 13. Section 328.101, Florida Statutes, is created
  934  to read:
  935         328.101Effect of missing or incorrect information.—Except
  936  as otherwise provided in s. 679.337, a certificate of title or
  937  other record required or authorized by this part is effective
  938  even if it contains unintended scrivener’s errors or does not
  939  contain certain required information if such missing information
  940  is determined by the department to be inconsequential to the
  941  issuing of a certificate of title or other record.
  942         Section 14. Section 328.11, Florida Statutes, is amended to
  943  read:
  944         328.11 Duplicate certificate of title.—
  945         (1)If a written certificate of title is lost, stolen,
  946  mutilated, destroyed, or otherwise becomes unavailable or
  947  illegible, the secured party of record or, if no secured party
  948  is indicated in the files of the department, the owner of record
  949  may apply for and, by furnishing information satisfactory to the
  950  department, obtain a duplicate certificate in the name of the
  951  owner of record.
  952         (2)An applicant for a duplicate certificate of title must
  953  sign the application, and, except as otherwise permitted by the
  954  department, the application must comply with s. 328.01. The
  955  application must include the existing certificate unless the
  956  certificate is lost, stolen, mutilated, destroyed, or otherwise
  957  unavailable.
  958         (3)A duplicate certificate of title created by the
  959  department must comply with s. 328.04 and indicate on the face
  960  of the certificate that it is a duplicate certificate.
  961         (4)If a person receiving a duplicate certificate of title
  962  subsequently obtains possession of the original written
  963  certificate, the person shall promptly destroy the original
  964  certificate of title.
  965         (5)(1)The Department of Highway Safety and Motor Vehicles
  966  may issue a duplicate certificate of title upon application by
  967  the person entitled to hold such a certificate if the department
  968  is satisfied that the original certificate has been lost,
  969  destroyed, or mutilated. The department shall charge a fee of $6
  970  for issuing a duplicate certificate.
  971         (6)(2) In addition to the fee imposed by subsection (5)
  972  (1), the department of Highway Safety and Motor Vehicles shall
  973  charge a fee of $5 for expedited service in issuing a duplicate
  974  certificate of title. Application for such expedited service may
  975  be made by mail or in person. The department shall issue each
  976  certificate of title applied for under this subsection within 5
  977  working days after receipt of a proper application or shall
  978  refund the additional $5 fee upon written request by the
  979  applicant.
  980         (3)If, following the issuance of an original, duplicate,
  981  or corrected certificate of title by the department, the
  982  certificate is lost in transit and is not delivered to the
  983  addressee, the owner of the vessel or the holder of a lien
  984  thereon may, within 180 days after the date of issuance of the
  985  title, apply to the department for reissuance of the certificate
  986  of title. An additional fee may not be charged for reissuance
  987  under this subsection.
  988         (7)(4) The department shall implement a system to verify
  989  that the application is signed by a person authorized to receive
  990  a duplicate title certificate under this section if the address
  991  shown on the application is different from the address shown for
  992  the applicant on the records of the department.
  993         Section 15. Section 328.12, Florida Statutes, is created to
  994  read:
  995         328.12Perfection of security interest.—
  996         (1)Except as otherwise provided in this section, a
  997  security interest in a vessel may be perfected only by delivery
  998  to the department of an application for a certificate of title
  999  that identifies the secured party and otherwise complies with s.
 1000  328.01. The security interest is perfected on the later of
 1001  delivery to the department of the application and the applicable
 1002  fee or attachment of the security interest under s. 679.2031.
 1003         (2)If the interest of a person named as owner, lessor,
 1004  consignor, or bailor in an application for a certificate of
 1005  title delivered to the department is a security interest, the
 1006  application sufficiently identifies the person as a secured
 1007  party. Identification on the application for a certificate of a
 1008  person as owner, lessor, consignor, or bailor is not by itself a
 1009  factor in determining whether the person’s interest is a
 1010  security interest.
 1011         (3)If the department has created a certificate of title
 1012  for a vessel, a security interest in the vessel may be perfected
 1013  by delivery to the department of an application, on a form the
 1014  department may require, to have the security interest added to
 1015  the certificate. The application must be signed by an owner of
 1016  the vessel or by the secured party and must include:
 1017         (a)The name of the owner of record;
 1018         (b)The name and mailing address of the secured party;
 1019         (c)The hull identification number for the vessel; and
 1020         (d)If the department has created a written certificate of
 1021  title for the vessel, the certificate.
 1022         (4)A security interest perfected under subsection (3) is
 1023  perfected on the later of delivery to the department of the
 1024  application and all applicable fees or attachment of the
 1025  security interest under s. 679.2031.
 1026         (5)On delivery of an application that complies with
 1027  subsection (3) and payment of all applicable fees, the
 1028  department shall create a new certificate of title pursuant to
 1029  s. 328.09 and deliver the new certificate or a record evidencing
 1030  an electronic certificate pursuant to s. 328.06. The department
 1031  shall maintain in the files of the department the date and time
 1032  of delivery of the application to the department.
 1033         (6)If a secured party assigns a perfected security
 1034  interest in a vessel, the receipt by the department of a
 1035  statement providing the name of the assignee as secured party is
 1036  not required to continue the perfected status of the security
 1037  interest against creditors of and transferees from the original
 1038  debtor. A purchaser of a vessel subject to a security interest
 1039  who obtains a release from the secured party indicated in the
 1040  files of the department or on the certificate takes free of the
 1041  security interest and of the rights of a transferee unless the
 1042  transfer is indicated in the files of the department or on the
 1043  certificate.
 1044         (7)This section does not apply to a security interest:
 1045         (a)Created in a vessel by a person during any period in
 1046  which the vessel is inventory held for sale or lease by the
 1047  person or is leased by the person as lessor if the person is in
 1048  the business of selling vessels;
 1049         (b)In a barge for which no application for a certificate
 1050  of title has been delivered to the department; or
 1051         (c)In a vessel before delivery if the vessel is under
 1052  construction, or completed, pursuant to contract and for which
 1053  no application for a certificate has been delivered to the
 1054  department.
 1055         (8)This subsection applies if a certificate of
 1056  documentation for a documented vessel is deleted or canceled. If
 1057  a security interest in the vessel was valid immediately before
 1058  deletion or cancellation against a third party as a result of
 1059  compliance with 46 U.S.C. s. 31321, the security interest is and
 1060  remains perfected until the earlier of 4 months after
 1061  cancellation of the certificate or the time the security
 1062  interest becomes perfected under this part.
 1063         (9)A security interest in a vessel arising under s.
 1064  672.401, s. 672.505, s. 672.711(3), or s. 680.508(5) is
 1065  perfected when it attaches but becomes unperfected when the
 1066  debtor obtains possession of the vessel, unless the security
 1067  interest is perfected pursuant to subsection (1) or subsection
 1068  (3) before the debtor obtains possession.
 1069         (10)A security interest in a vessel as proceeds of other
 1070  collateral is perfected to the extent provided in s. 679.3151.
 1071         (11)A security interest in a vessel perfected under the
 1072  law of another jurisdiction is perfected to the extent provided
 1073  in s. 679.3161(4).
 1074         (12)For purposes of this section and this part, the
 1075  Department of Revenue shall be treated as a secured party when
 1076  collecting unpaid support.
 1077         Section 16. Section 328.125, Florida Statutes, is created
 1078  to read:
 1079         328.125Termination statement.—
 1080         (1)A secured party indicated in the files of the
 1081  department as having a security interest in a vessel shall
 1082  deliver a termination statement to the department and, on the
 1083  debtor’s request, to the debtor, by the earlier of:
 1084         (a)Twenty days after the secured party receives a signed
 1085  demand from an owner for a termination statement and there is no
 1086  obligation secured by the vessel subject to the security
 1087  interest and no commitment to make an advance, incur an
 1088  obligation, or otherwise give value secured by the vessel; or
 1089         (b)If the vessel is consumer goods, 30 days after there is
 1090  no obligation secured by the vessel and no commitment to make an
 1091  advance, incur an obligation, or otherwise give value secured by
 1092  the vessel.
 1093         (2)If a written certificate of title has been created and
 1094  delivered to a secured party and a termination statement is
 1095  required under subsection (1), the secured party, not later than
 1096  the date required by subsection (1), shall deliver the
 1097  certificate to the debtor or to the department with the
 1098  statement. If the certificate is lost, stolen, mutilated,
 1099  destroyed, or is otherwise unavailable or illegible, the secured
 1100  party shall deliver with the statement, not later than the date
 1101  required by subsection (1), an application for a duplicate
 1102  certificate meeting the requirements of s. 328.11.
 1103         (3)On delivery to the department of a termination
 1104  statement authorized by the secured party, the security interest
 1105  to which the statement relates ceases to be perfected. If the
 1106  security interest to which the statement relates was indicated
 1107  on the certificate of title, the department shall create a new
 1108  certificate and deliver the new certificate or a record
 1109  evidencing an electronic certificate. The department shall
 1110  maintain in its files the date and time of delivery to the
 1111  department of the statement.
 1112         (4)A secured party that fails to comply with this section
 1113  is liable for any loss that the secured party had reason to know
 1114  might result from its failure to comply and which could not
 1115  reasonably have been prevented and for the cost of an
 1116  application for a certificate of title under s. 328.01 or s.
 1117  328.11.
 1118         Section 17. Section 328.14, Florida Statutes, is created to
 1119  read:
 1120         328.14Rights of purchaser other than secured party.—
 1121         (1)A buyer in ordinary course of business has the
 1122  protections afforded by ss. 672.403(2) and 679.320(1) even if an
 1123  existing certificate of title was not signed and delivered to
 1124  the buyer or a new certificate listing the buyer as owner of
 1125  record was not created.
 1126         (2)Except as otherwise provided in ss. 328.145 and 328.22,
 1127  the rights of a purchaser of a vessel who is not a buyer in
 1128  ordinary course of business or a lien creditor are governed by
 1129  the Uniform Commercial Code.
 1130         Section 18. Section 328.145, Florida Statutes, is created
 1131  to read:
 1132         328.145Rights of secured party.—
 1133         (1)Subject to subsection (2), the effect of perfection and
 1134  nonperfection of a security interest and the priority of a
 1135  perfected or unperfected security interest with respect to the
 1136  rights of a purchaser or creditor, including a lien creditor, is
 1137  governed by the Uniform Commercial Code.
 1138         (2)If, while a security interest in a vessel is perfected
 1139  by any method under this part, the department creates a
 1140  certificate of title that does not indicate that the vessel is
 1141  subject to the security interest or contain a statement that it
 1142  may be subject to security interests not indicated on the
 1143  certificate:
 1144         (a)A buyer of the vessel, other than a person in the
 1145  business of selling or leasing vessels of that kind, takes free
 1146  of the security interest if the buyer, acting in good faith and
 1147  without knowledge of the security interest, gives value and
 1148  receives possession of the vessel; and
 1149         (b)The security interest is subordinate to a conflicting
 1150  security interest in the vessel that is perfected under s.
 1151  328.12 after creation of the certificate and without the
 1152  conflicting secured party’s knowledge of the security interest.
 1153         Section 19. Section 328.15, Florida Statutes, is amended to
 1154  read:
 1155         328.15 Notice of lien on vessel; recording.—
 1156         (1)No lien for purchase money or as security for a debt in
 1157  the form of retain title contract, conditional bill of sale,
 1158  chattel mortgage, or otherwise on a vessel shall be enforceable
 1159  in any of the courts of this state against creditors or
 1160  subsequent purchasers for a valuable consideration and without
 1161  notice unless a sworn notice of such lien is recorded. The lien
 1162  certificate shall contain the following information:
 1163         (a)Name and address of the registered owner;
 1164         (b)Date of lien;
 1165         (c)Description of the vessel to include make, type, motor
 1166  and serial number; and
 1167         (d)Name and address of lienholder.
 1168  
 1169  The lien shall be recorded by the Department of Highway Safety
 1170  and Motor Vehicles and shall be effective as constructive notice
 1171  when filed. The date of filing of the notice of lien is the date
 1172  of its receipt by the department’s central office in
 1173  Tallahassee, if first filed there, or otherwise by the office of
 1174  a county tax collector or of the tax collector’s agent.
 1175         (2)(a)The Department of Highway Safety and Motor Vehicles
 1176  shall not enter any lien upon its lien records, whether it is a
 1177  first lien or a subordinate lien, unless the official
 1178  certificate of title issued for the vessel is furnished with the
 1179  notice of lien, so that the record of lien, whether original or
 1180  subordinate, may be noted upon the face thereof. After the
 1181  department records the lien, it shall send the certificate of
 1182  title to the holder of the first lien who shall hold such
 1183  certificate until the lien is satisfied in full.
 1184         (b)When a vessel is registered in the names of two or more
 1185  persons as coowners in the alternative by the use of the word
 1186  “or,” whether or not the coowners are husband and wife, each
 1187  coowner is considered to have granted to any other coowner the
 1188  absolute right to place a lien or encumbrance on the vessel, and
 1189  the signature of one coowner constitutes proper execution of the
 1190  notice of lien. When a vessel is registered in the names of two
 1191  or more persons as coowners in the conjunctive by the use of the
 1192  word “and,” the signature of each coowner is required in order
 1193  to place a lien or encumbrance on the vessel.
 1194         (c)If the owner of the vessel as shown on the title
 1195  certificate or the director of the state child support
 1196  enforcement program desires to place a second or subsequent lien
 1197  or encumbrance against the vessel when the title certificate is
 1198  in the possession of the first lienholder, the owner shall send
 1199  a written request to the first lienholder by certified mail and
 1200  such first lienholder shall forward the certificate to the
 1201  department for endorsement. The department shall return the
 1202  certificate to the first lienholder, as indicated in the notice
 1203  of lien filed by the first lienholder, after endorsing the
 1204  second or subsequent lien on the certificate and on the
 1205  duplicate. If the first lienholder fails, neglects, or refuses
 1206  to forward the certificate of title to the department within 10
 1207  days after the date of the owner’s or the director’s request,
 1208  the department, on written request of the subsequent lienholder
 1209  or an assignee thereof, shall demand of the first lienholder the
 1210  return of such certificate for the notation of the second or
 1211  subsequent lien or encumbrance.
 1212         (1)(3) Upon the payment of a any such lien, the debtor or
 1213  the registered owner of the motorboat shall be entitled to
 1214  demand and receive from the lienholder a satisfaction of the
 1215  lien which shall likewise be filed with the Department of
 1216  Highway Safety and Motor Vehicles.
 1217         (2)(4) The Department of Highway Safety and Motor Vehicles
 1218  under precautionary rules and regulations to be promulgated by
 1219  it may permit the use, in substitution of the formal
 1220  satisfaction of lien, of other methods of satisfaction, such as
 1221  perforation, appropriate stamp, or otherwise, as it deems
 1222  reasonable and adequate.
 1223         (3)(5)(a) The Department of Highway Safety and Motor
 1224  Vehicles shall adopt rules to administer this section. The
 1225  department may by rule require that a notice of satisfaction of
 1226  a lien be notarized. The department shall prepare the forms of
 1227  the notice of lien and the satisfaction of lien to be supplied,
 1228  at a charge not to exceed 50 percent more than cost, to
 1229  applicants for recording the liens or satisfactions and shall
 1230  keep a record of such notices of lien and satisfactions
 1231  available for inspection by the public at all reasonable times.
 1232  The division may furnish certified copies of such satisfactions
 1233  for a fee of $1, which are admissible in evidence in all courts
 1234  of this state under the same conditions and to the same effect
 1235  as certified copies of other public records.
 1236         (b) The department shall establish and administer an
 1237  electronic titling program that requires the recording of vessel
 1238  title information for new, transferred, and corrected
 1239  certificates of title. Lienholders shall electronically transmit
 1240  liens and lien satisfactions to the department in a format
 1241  determined by the department. Individuals and lienholders who
 1242  the department determines are not normally engaged in the
 1243  business or practice of financing vessels are not required to
 1244  participate in the electronic titling program.
 1245         (6)The Department of Highway Safety and Motor Vehicles is
 1246  entitled to a fee of $1 for the recording of each notice of
 1247  lien. No fee shall be charged for recording the satisfaction of
 1248  a lien. All of the fees collected shall be paid into the Marine
 1249  Resources Conservation Trust Fund.
 1250         (4)(7)(a) Should any person, firm, or corporation holding
 1251  such lien, which has been recorded by the Department of Highway
 1252  Safety and Motor Vehicles, upon payment of such lien and on
 1253  demand, fail or refuse, within 30 days after such payment and
 1254  demand, to furnish the debtor or the registered owner of such
 1255  vessel a satisfaction of the lien, then, in that event, such
 1256  person, firm, or corporation shall be held liable for all costs,
 1257  damages, and expenses, including reasonable attorney attorney’s
 1258  fees, lawfully incurred by the debtor or the registered owner of
 1259  such vessel in any suit which may be brought in the courts of
 1260  this state for the cancellation of such lien.
 1261         (b) Following satisfaction of a lien, the lienholder shall
 1262  enter a satisfaction thereof in the space provided on the face
 1263  of the certificate of title. If there are no subsequent liens
 1264  shown thereon, the certificate shall be delivered by the
 1265  lienholder to the person satisfying the lien or encumbrance and
 1266  an executed satisfaction on a form provided by the department
 1267  shall be forwarded to the department by the lienholder within 10
 1268  days after satisfaction of the lien.
 1269         (c) If the certificate of title shows a subsequent lien not
 1270  then being discharged, an executed satisfaction of the first
 1271  lien shall be delivered by the lienholder to the person
 1272  satisfying the lien and the certificate of title showing
 1273  satisfaction of the first lien shall be forwarded by the
 1274  lienholder to the department within 10 days after satisfaction
 1275  of the lien.
 1276         (d) If, upon receipt of a title certificate showing
 1277  satisfaction of the first lien, the department determines from
 1278  its records that there are no subsequent liens or encumbrances
 1279  upon the vessel, the department shall forward to the owner, as
 1280  shown on the face of the title, a corrected certificate showing
 1281  no liens or encumbrances. If there is a subsequent lien not
 1282  being discharged, the certificate of title shall be reissued
 1283  showing the second or subsequent lienholder as the first
 1284  lienholder and shall be delivered to the new first lienholder.
 1285  The first lienholder shall be entitled to retain the certificate
 1286  of title until his or her lien is satisfied. Upon satisfaction
 1287  of the lien, the lienholder shall be subject to the procedures
 1288  required of a first lienholder in this subsection and in
 1289  subsection (2).
 1290         (5)(8) When the original certificate of title cannot be
 1291  returned to the department by the lienholder and evidence
 1292  satisfactory to the department is produced that all liens or
 1293  encumbrances have been satisfied, upon application by the owner
 1294  for a duplicate copy of the certificate of title, upon the form
 1295  prescribed by the department, accompanied by the fee prescribed
 1296  in this chapter, a duplicate copy of the certificate of title
 1297  without statement of liens or encumbrances shall be issued by
 1298  the department and delivered to the owner.
 1299         (6)(9) Any person who fails, within 10 days after receipt
 1300  of a demand by the department by certified mail, to return a
 1301  certificate of title to the department as required by paragraph
 1302  (2)(c) or who, upon satisfaction of a lien, fails within 10 days
 1303  after receipt of such demand to forward the appropriate document
 1304  to the department as required by paragraph (4)(b) (7)(b) or
 1305  paragraph (4)(c) (7)(c) commits a misdemeanor of the second
 1306  degree, punishable as provided in s. 775.082 or s. 775.083.
 1307         (7)(10) The department shall use the last known address as
 1308  shown by its records when sending any notice required by this
 1309  section.
 1310         (8)(11) If the original lienholder sells and assigns his or
 1311  her lien to some other person, and if the assignee desires to
 1312  have his or her name substituted on the certificate of title as
 1313  the holder of the lien, he or she may, after delivering the
 1314  original certificate of title to the department and providing a
 1315  sworn statement of the assignment, have his or her name
 1316  substituted as a lienholder. Upon substitution of the assignee’s
 1317  name as lienholder, the department shall deliver the certificate
 1318  of title to the assignee as the first lienholder.
 1319         (9)Subsections (1), (2), and (4)-(8) shall expire October
 1320  1, 2026.
 1321         Section 20. Section 328.16, Florida Statutes, is amended to
 1322  read:
 1323         328.16 Issuance in duplicate; delivery; liens, security
 1324  interests, and encumbrances.—
 1325         (1) The department shall assign a number to each
 1326  certificate of title and shall issue each certificate of title
 1327  and each corrected certificate in duplicate. The database record
 1328  shall serve as the duplicate title certificate.
 1329         (2) An authorized person must sign the original certificate
 1330  of title and each corrected certificate and, if there are no
 1331  liens, security interests, or encumbrances on the vessel, as
 1332  shown in the records of the department or as shown in the
 1333  application, must deliver the certificate to the applicant or to
 1334  another person as directed by the applicant or person, agent, or
 1335  attorney submitting the application. If there are one or more
 1336  liens, security interests, or encumbrances on the vessel, the
 1337  department must deliver the certificate to the first lienholder
 1338  or secured party as shown by department records. The department
 1339  shall deliver to the first lienholder or secured party, along
 1340  with the certificate, a form to be subsequently used by the
 1341  lienholder or secured party as a satisfaction. If the
 1342  application for certificate of title shows the name of a first
 1343  lienholder or secured party which is different from the name of
 1344  the first lienholder or secured party as shown by the records of
 1345  the department, the certificate shall not be issued to any
 1346  person until after the department notifies all parties who
 1347  appear to hold a lien or a security interest and the applicant
 1348  for the certificate, in writing by certified mail. If the
 1349  parties do not amicably resolve the conflict within 10 days
 1350  after the date the notice was mailed, the department shall serve
 1351  notice in writing by certified mail on all persons that appear
 1352  to hold liens or security interests on that particular vessel,
 1353  including the applicant for the certificate, to show cause
 1354  within 15 days after the date the notice is mailed why it should
 1355  not issue and deliver the certificate to the secured party of
 1356  record or person indicated in the notice of lien filed by the
 1357  lienholder whose name appears in the application as the first
 1358  lienholder without showing any lien or liens as outstanding
 1359  other than those appearing in the application or those filed
 1360  subsequent to the filing of the application for the certificate
 1361  of title. If, within the 15-day period, any person other than
 1362  the lienholder or secured party of record shown in the
 1363  application or a party filing a subsequent lien or security
 1364  interest, in answer to the notice to show cause, appears in
 1365  person or by a representative, or responds in writing, and files
 1366  a written statement under oath that his or her lien or security
 1367  interest on that particular vessel is still outstanding, the
 1368  department shall not issue the certificate to anyone until after
 1369  the conflict has been settled by the lien or security interest
 1370  claimants involved or by a court of competent jurisdiction. If
 1371  the conflict is not settled amicably within 10 days after the
 1372  final date for filing an answer to the notice to show cause, the
 1373  complaining party shall have 10 days to obtain a ruling, or a
 1374  stay order, from a court of competent jurisdiction. If a ruling
 1375  or stay order is not issued and served on the department within
 1376  the 10-day period, the department shall issue the certificate
 1377  showing no liens or security interests, except those shown in
 1378  the application or thereafter filed, to the original applicant
 1379  if there are no liens or security interests shown in the
 1380  application and none are thereafter filed, or to the person
 1381  indicated as the secured party of record or in the notice of
 1382  lien filed by the lienholder whose name appears in the
 1383  application as the first lienholder if there are liens shown in
 1384  the application or thereafter filed. A duplicate certificate or
 1385  corrected certificate must show only such security interest or
 1386  interests or lien or liens as were shown in the application and
 1387  subsequently filed liens or security interests that may be
 1388  outstanding.
 1389         (3) Except as provided in s. 328.15(11), The certificate of
 1390  title shall be retained by the first lienholder or secured party
 1391  of record. The first lienholder or secured party of record is
 1392  entitled to retain the certificate until the first lien or
 1393  security interest is satisfied.
 1394         (4) Notwithstanding any requirements in this section or in
 1395  s. 328.15 indicating that a lien or security interest on a
 1396  vessel shall be noted on the face of the Florida certificate of
 1397  title, if there are one or more liens, security interests, or
 1398  encumbrances on a vessel, the department shall electronically
 1399  transmit the lien or security interest to the first lienholder
 1400  or secured party and notify the first lienholder or secured
 1401  party of any additional liens or security interests. Subsequent
 1402  lien or security interest satisfactions shall be electronically
 1403  transmitted to the department and must include the name and
 1404  address of the person or entity satisfying the lien or security
 1405  interest. When electronic transmission of liens or security
 1406  interests and lien satisfactions or security interests are used,
 1407  the issuance of a certificate of title may be waived until the
 1408  last lien or security interest is satisfied and a clear
 1409  certificate of title is issued to the owner of the vessel.
 1410         (5) The owner of a vessel, upon which a lien or security
 1411  interest has been filed with the department or noted upon a
 1412  certificate of title for a period of 5 years, may apply to the
 1413  department in writing for such lien or security interest to be
 1414  removed from the department files or from the certificate of
 1415  title. The application must be accompanied by evidence
 1416  satisfactory to the department that the applicant has notified
 1417  the lienholder or secured party by certified mail, not less than
 1418  20 days before prior to the date of the application, of his or
 1419  her intention to apply to the department for removal of the lien
 1420  or security interest. Ten days after receipt of the application,
 1421  the department may remove the lien or security interest from its
 1422  files or from the certificate of title, as the case may be, if
 1423  no statement in writing protesting removal of the lien or
 1424  security interest is received by the department from the
 1425  lienholder or secured party within the 10-day period. However,
 1426  if the lienholder or secured party files with the department,
 1427  within the 10-day period, a written statement that the lien or
 1428  security interest is still outstanding, the department may not
 1429  remove the lien or security interest until the lienholder or
 1430  secured party presents a satisfaction of lien or satisfaction of
 1431  security interest to the department.
 1432         Section 21. Subsection (1) of section 328.165, Florida
 1433  Statutes, is amended to read:
 1434         328.165 Cancellation of certificates.—
 1435         (1) If it appears that a certificate of title has been
 1436  improperly issued, the department shall cancel the certificate.
 1437  Upon cancellation of any certificate of title, the department
 1438  shall notify the person to whom the certificate of title was
 1439  issued, and any lienholders or secured parties appearing
 1440  thereon, of the cancellation and shall demand the surrender of
 1441  the certificate of title; however, the cancellation does not
 1442  affect the validity of any lien or security interest noted
 1443  thereon. The holder of the certificate of title shall
 1444  immediately return it to the department. If a certificate of
 1445  registration has been issued to the holder of a certificate of
 1446  title so canceled, the department shall immediately cancel the
 1447  certificate of registration and demand the return of the
 1448  certificate of registration, and the holder of such certificate
 1449  of registration shall immediately return it to the department.
 1450         Section 22. Section 328.215, Florida Statutes, is created
 1451  to read:
 1452         328.215Application for transfer of ownership or
 1453  termination of security interest without certificate of title.—
 1454         (1)Except as otherwise provided in s. 328.23 or s. 328.24,
 1455  if the department receives, unaccompanied by a signed
 1456  certificate of title, an application for a new certificate that
 1457  includes an indication of a transfer of ownership or a
 1458  termination statement, the department may create a new
 1459  certificate under this section only if:
 1460         (a)All other requirements under ss. 328.01 and 328.09 are
 1461  met;
 1462         (b)The applicant provides an affidavit stating facts
 1463  showing the applicant is entitled to a transfer of ownership or
 1464  termination statement;
 1465         (c)The applicant provides the department with satisfactory
 1466  evidence that notification of the application has been sent to
 1467  the owner of record and all persons indicated in the files of
 1468  the department as having an interest, including a security
 1469  interest, in the vessel; at least 45 days have passed since the
 1470  notification was sent; and the department has not received an
 1471  objection from any of those persons; and
 1472         (d)The applicant submits any other information required by
 1473  the department as evidence of the applicant’s ownership or right
 1474  to terminate the security interest, and the department has no
 1475  credible information indicating theft, fraud, or an undisclosed
 1476  or unsatisfied security interest, lien, or other claim to an
 1477  interest in the vessel.
 1478         (2)The department may indicate in a certificate of title
 1479  created under subsection (1) that the certificate was created
 1480  without submission of a signed certificate or termination
 1481  statement. Unless credible information indicating theft, fraud,
 1482  or an undisclosed or unsatisfied security interest, lien, or
 1483  other claim to an interest in the vessel is delivered to the
 1484  department not later than 1 year after creation of the
 1485  certificate, on request in a form and manner required by the
 1486  department, the department shall remove the indication from the
 1487  certificate.
 1488         (3)Before the department creates a certificate of title
 1489  under subsection (1), the department may require the applicant
 1490  to post a reasonable bond or provide an equivalent source of
 1491  indemnity or security. The bond, indemnity, or other security
 1492  must be in a form required by the department and provide for
 1493  indemnification of any owner, purchaser, or other claimant for
 1494  any expense, loss, delay, or damage, including reasonable
 1495  attorney fees and costs, but not including incidental or
 1496  consequential damages, resulting from creation or amendment of
 1497  the certificate.
 1498         (4)Unless the department receives a claim for indemnity
 1499  not later than 1 year after creation of a certificate of title
 1500  under subsection (1), on request in a form and manner required
 1501  by the department, the department shall release any bond,
 1502  indemnity, or other security. The department is not liable to a
 1503  person or entity for creating a certificate of title under this
 1504  section when the department issues the certificate of title in
 1505  good faith based on the information provided by an applicant. An
 1506  applicant that submits erroneous or fraudulent information with
 1507  the intent to mislead the department into issuing a certificate
 1508  of title under this section is subject to the penalties
 1509  established in s. 328.045(4) in addition to any other criminal
 1510  or civil penalties provided by law.
 1511         Section 23. Section 328.22, Florida Statutes, is created to
 1512  read:
 1513         328.22Transfer of ownership.—
 1514         (1)On voluntary transfer of an ownership interest in a
 1515  vessel covered by a certificate of title, the following
 1516  requirements apply:
 1517         (a)If the certificate is a written certificate of title
 1518  and the transferor’s interest is noted on the certificate, the
 1519  transferor shall promptly sign the certificate and deliver it to
 1520  the transferee. If the transferor does not have possession of
 1521  the certificate, the person in possession of the certificate has
 1522  a duty to facilitate the transferor’s compliance with this
 1523  paragraph. A secured party does not have a duty to facilitate
 1524  the transferor’s compliance with this paragraph if the proposed
 1525  transfer is prohibited by the security agreement.
 1526         (b)If the certificate of title is an electronic
 1527  certificate of title, the transferor shall promptly sign by
 1528  hand, or electronically if available, and deliver to the
 1529  transferee a record evidencing the transfer of ownership to the
 1530  transferee.
 1531         (c)The transferee has a right enforceable by specific
 1532  performance to require the transferor to comply with paragraph
 1533  (a) or paragraph (b).
 1534         (2)The creation of a certificate of title identifying the
 1535  transferee as owner of record satisfies subsection (1).
 1536         (3)A failure to comply with subsection (1) or to apply for
 1537  a new certificate of title does not render a transfer of
 1538  ownership of a vessel ineffective between the parties. Except as
 1539  otherwise provided in s. 328.101, s. 328.14(1), s. 328.145, or
 1540  s. 328.23, a transfer of ownership without compliance with
 1541  subsection (1) is not effective against another person claiming
 1542  an interest in the vessel.
 1543         (4)A transferor that complies with subsection (1) is not
 1544  liable as owner of the vessel for an event occurring after the
 1545  transfer, regardless of whether the transferee applies for a new
 1546  certificate of title.
 1547         Section 24. Section 328.23, Florida Statutes, is created to
 1548  read:
 1549         328.23Transfer of ownership by secured party’s transfer
 1550  statement.—
 1551         (1)For the purposes of this section, “secured party’s
 1552  transfer statement” means a record signed by the secured party
 1553  of record stating:
 1554         (a)That there has been a default on an obligation secured
 1555  by the vessel;
 1556         (b)That the secured party of record is exercising or has
 1557  exercised post-default remedies with respect to the vessel;
 1558         (c)That by reason of the exercise, the secured party of
 1559  record has the right to transfer the ownership interest of an
 1560  owner, and the name of the owner;
 1561         (d)The name and last known mailing address of the owner of
 1562  record and the secured party of record;
 1563         (e)The name of the transferee;
 1564         (f)Other information required by s. 328.01(2); and
 1565         (g)One of the following:
 1566         1.The certificate of title is an electronic certificate.
 1567         2.The secured party does not have possession of the
 1568  written certificate of title created in the name of the owner of
 1569  record.
 1570         3.The secured party is delivering the written certificate
 1571  of title to the department with the secured party’s transfer
 1572  statement.
 1573         (2)Unless the department rejects a secured party’s
 1574  transfer statement for a reason stated in s. 328.09(3), not
 1575  later than 30 days after delivery to the department of the
 1576  statement and payment of fees and taxes payable under the laws
 1577  of this state, other than this part, in connection with the
 1578  statement or the acquisition or use of the vessel, the
 1579  department shall:
 1580         (a)Accept the statement;
 1581         (b)Amend the files of the department to reflect the
 1582  transfer; and
 1583         (c)If the name of the owner whose ownership interest is
 1584  being transferred is indicated on the certificate of title:
 1585         1.Cancel the certificate even if the certificate has not
 1586  been delivered to the department;
 1587         2.Create a new certificate indicating the transferee as
 1588  owner; and
 1589         3.Deliver the new certificate or a record evidencing an
 1590  electronic certificate.
 1591         (3)An application under subsection (1) or the creation of
 1592  a certificate of title under subsection (2) is not by itself a
 1593  disposition of the vessel and does not by itself relieve the
 1594  secured party of its duties under chapter 679.
 1595         Section 25. Section 328.24, Florida Statutes, is created to
 1596  read:
 1597         328.24Transfer by operation of law.—
 1598         (1)For the purposes of this section, “by operation of law”
 1599  means pursuant to a law or judicial order affecting ownership of
 1600  a vessel:
 1601         (a)Because of death, divorce, or other family law
 1602  proceeding, merger, consolidation, dissolution, or bankruptcy;
 1603         (b)Through the exercise of the rights of a lien creditor
 1604  or a person having a lien created by statute or rule of law; or
 1605         (c)Through other legal process.
 1606         (2)A transfer-by-law statement must contain:
 1607         (a)The name and last known mailing address of the owner of
 1608  record and the transferee and the other information required by
 1609  s. 328.01;
 1610         (b)Documentation sufficient to establish the transferee’s
 1611  ownership interest or right to acquire the ownership interest;
 1612         (c)A statement that:
 1613         1.The certificate of title is an electronic certificate of
 1614  title;
 1615         2.The transferee does not have possession of the written
 1616  certificate of title created in the name of the owner of record;
 1617  or
 1618         3.The transferee is delivering the written certificate to
 1619  the department with the transfer-by-law statement; and
 1620         (d)Except for a transfer described in paragraph (1)(a),
 1621  evidence that notification of the transfer and the intent to
 1622  file the transfer-by-law statement has been sent to all persons
 1623  indicated in the files of the department as having an interest,
 1624  including a security interest, in the vessel.
 1625         (3)Unless the department rejects a transfer-by-law
 1626  statement for a reason stated in s. 328.09(3) or because the
 1627  statement does not include documentation satisfactory to the
 1628  department as to the transferee’s ownership interest or right to
 1629  acquire the ownership interest, not later than 30 days after
 1630  delivery to the department of the statement and payment of fees
 1631  and taxes payable under the law of this state, other than this
 1632  part, in connection with the statement or with the acquisition
 1633  or use of the vessel, the department shall:
 1634         (a)Accept the statement;
 1635         (b)Amend the files of the department to reflect the
 1636  transfer; and
 1637         (c)If the name of the owner whose ownership interest is
 1638  being transferred is indicated on the certificate of title:
 1639         1.Cancel the certificate even if the certificate has not
 1640  been delivered to the department;
 1641         2.Create a new certificate indicating the transferee as
 1642  owner;
 1643         3.Indicate on the new certificate any security interest
 1644  indicated on the canceled certificate, unless a court order
 1645  provides otherwise; and
 1646         4.Deliver the new certificate or a record evidencing an
 1647  electronic certificate.
 1648         (4)This section does not apply to a transfer of an
 1649  interest in a vessel by a secured party under part VI of chapter
 1650  679.
 1651         Section 26. Section 328.25, Florida Statutes, is created to
 1652  read:
 1653         328.25Supplemental principles of law and equity.—Unless
 1654  displaced by a provision of this part, the principles of law and
 1655  equity supplement its provisions.
 1656         Section 27. Section 328.41, Florida Statutes, is created to
 1657  read:
 1658         328.41Rulemaking.—The department may adopt rules pursuant
 1659  to ss. 120.536(1) and 120.54 to implement this part.
 1660         Section 28. Section 409.2575, Florida Statutes, is amended
 1661  to read:
 1662         409.2575 Liens on motor vehicles and vessels.—
 1663         (1) The director of the state IV-D program, or the
 1664  director’s designee, may cause a lien for unpaid and delinquent
 1665  support to be placed upon motor vehicles, as defined in chapter
 1666  320, and upon vessels, as defined in chapter 327, that are
 1667  registered in the name of an obligor who is delinquent in
 1668  support payments, if the title to the property is held by a
 1669  lienholder, in the manner provided in chapter 319 or, if
 1670  applicable in accordance with s. 328.15(9), chapter 328. Notice
 1671  of lien shall not be mailed unless the delinquency in support
 1672  exceeds $600.
 1673         (2) If the first lienholder fails, neglects, or refuses to
 1674  forward the certificate of title to the appropriate department
 1675  as requested pursuant to s. 319.24 or, if applicable in
 1676  accordance with s. 328.15(9), s. 328.15, the director of the IV
 1677  D program, or the director’s designee, may apply to the circuit
 1678  court for an order to enforce the requirements of s. 319.24 or
 1679  s. 328.15, whichever applies.
 1680         Section 29. Subsection (2) of section 705.103, Florida
 1681  Statutes, is amended to read:
 1682         705.103 Procedure for abandoned or lost property.—
 1683         (2) Whenever a law enforcement officer ascertains that an
 1684  article of lost or abandoned property is present on public
 1685  property and is of such nature that it cannot be easily removed,
 1686  the officer shall cause a notice to be placed upon such article
 1687  in substantially the following form:
 1688  
 1689  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1690  PROPERTY. This property, to wit: ...(setting forth brief
 1691  description)... is unlawfully upon public property known as
 1692  ...(setting forth brief description of location)... and must be
 1693  removed within 5 days; otherwise, it will be removed and
 1694  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1695  will be liable for the costs of removal, storage, and
 1696  publication of notice. Dated this: ...(setting forth the date of
 1697  posting of notice)..., signed: ...(setting forth name, title,
 1698  address, and telephone number of law enforcement officer)....
 1699  Such notice shall be not less than 8 inches by 10 inches and
 1700  shall be sufficiently weatherproof to withstand normal exposure
 1701  to the elements. In addition to posting, the law enforcement
 1702  officer shall make a reasonable effort to ascertain the name and
 1703  address of the owner. If such is reasonably available to the
 1704  officer, she or he shall mail a copy of such notice to the owner
 1705  on or before the date of posting. If the property is a motor
 1706  vehicle as defined in s. 320.01(1) or a vessel as defined in s.
 1707  327.02, the law enforcement agency shall contact the Department
 1708  of Highway Safety and Motor Vehicles in order to determine the
 1709  name and address of the owner and any person who has filed a
 1710  lien on the vehicle or vessel as provided in s. 319.27(2) or (3)
 1711  or s. 328.15(1). On receipt of this information, the law
 1712  enforcement agency shall mail a copy of the notice by certified
 1713  mail, return receipt requested, to the owner and to the
 1714  lienholder, if any, except that a law enforcement officer who
 1715  has issued a citation for a violation of s. 823.11 to the owner
 1716  of a derelict vessel is not required to mail a copy of the
 1717  notice by certified mail, return receipt requested, to the
 1718  owner. If, at the end of 5 days after posting the notice and
 1719  mailing such notice, if required, the owner or any person
 1720  interested in the lost or abandoned article or articles
 1721  described has not removed the article or articles from public
 1722  property or shown reasonable cause for failure to do so, the
 1723  following shall apply:
 1724         (a) For abandoned property, the law enforcement agency may
 1725  retain any or all of the property for its own use or for use by
 1726  the state or unit of local government, trade such property to
 1727  another unit of local government or state agency, donate the
 1728  property to a charitable organization, sell the property, or
 1729  notify the appropriate refuse removal service.
 1730         (b) For lost property, the officer shall take custody and
 1731  the agency shall retain custody of the property for 90 days. The
 1732  agency shall publish notice of the intended disposition of the
 1733  property, as provided in this section, during the first 45 days
 1734  of this time period.
 1735         1. If the agency elects to retain the property for use by
 1736  the unit of government, donate the property to a charitable
 1737  organization, surrender such property to the finder, sell the
 1738  property, or trade the property to another unit of local
 1739  government or state agency, notice of such election shall be
 1740  given by an advertisement published once a week for 2
 1741  consecutive weeks in a newspaper of general circulation in the
 1742  county where the property was found if the value of the property
 1743  is more than $100. If the value of the property is $100 or less,
 1744  notice shall be given by posting a description of the property
 1745  at the law enforcement agency where the property was turned in.
 1746  The notice must be posted for not less than 2 consecutive weeks
 1747  in a public place designated by the law enforcement agency. The
 1748  notice must describe the property in a manner reasonably
 1749  adequate to permit the rightful owner of the property to claim
 1750  it.
 1751         2. If the agency elects to sell the property, it must do so
 1752  at public sale by competitive bidding. Notice of the time and
 1753  place of the sale shall be given by an advertisement of the sale
 1754  published once a week for 2 consecutive weeks in a newspaper of
 1755  general circulation in the county where the sale is to be held.
 1756  The notice shall include a statement that the sale shall be
 1757  subject to any and all liens. The sale must be held at the
 1758  nearest suitable place to that where the lost or abandoned
 1759  property is held or stored. The advertisement must include a
 1760  description of the goods and the time and place of the sale. The
 1761  sale may take place no earlier than 10 days after the final
 1762  publication. If there is no newspaper of general circulation in
 1763  the county where the sale is to be held, the advertisement shall
 1764  be posted at the door of the courthouse and at three other
 1765  public places in the county at least 10 days prior to sale.
 1766  Notice of the agency’s intended disposition shall describe the
 1767  property in a manner reasonably adequate to permit the rightful
 1768  owner of the property to identify it.
 1769         Section 30. Paragraph (c) of subsection (2) of section
 1770  721.08, Florida Statutes, is amended to read:
 1771         721.08 Escrow accounts; nondisturbance instruments;
 1772  alternate security arrangements; transfer of legal title.—
 1773         (2) One hundred percent of all funds or other property
 1774  which is received from or on behalf of purchasers of the
 1775  timeshare plan or timeshare interest prior to the occurrence of
 1776  events required in this subsection shall be deposited pursuant
 1777  to an escrow agreement approved by the division. The funds or
 1778  other property may be released from escrow only as follows:
 1779         (c) Compliance with conditions.—
 1780         1. Timeshare licenses.—If the timeshare plan is one in
 1781  which timeshare licenses are to be sold and no cancellation or
 1782  default has occurred, the escrow agent may release the escrowed
 1783  funds or other property to or on the order of the developer upon
 1784  presentation of:
 1785         a. An affidavit by the developer that all of the following
 1786  conditions have been met:
 1787         (I) Expiration of the cancellation period.
 1788         (II) Completion of construction.
 1789         (III) Closing.
 1790         (IV) Either:
 1791         (A) Execution, delivery, and recordation by each
 1792  interestholder of the nondisturbance and notice to creditors
 1793  instrument, as described in this section; or
 1794         (B) Transfer by the developer of legal title to the subject
 1795  accommodations and facilities, or all use rights therein, into a
 1796  trust satisfying the requirements of subparagraph 4. and the
 1797  execution, delivery, and recordation by each other
 1798  interestholder of the nondisturbance and notice to creditors
 1799  instrument, as described in this section.
 1800         b. A certified copy of each recorded nondisturbance and
 1801  notice to creditors instrument.
 1802         c. One of the following:
 1803         (I) A copy of a memorandum of agreement, as defined in s.
 1804  721.05, together with satisfactory evidence that the original
 1805  memorandum of agreement has been irretrievably delivered for
 1806  recording to the appropriate official responsible for
 1807  maintaining the public records in the county in which the
 1808  subject accommodations and facilities are located. The original
 1809  memorandum of agreement must be recorded within 180 days after
 1810  the date on which the purchaser executed her or his purchase
 1811  agreement.
 1812         (II) A notice delivered for recording to the appropriate
 1813  official responsible for maintaining the public records in each
 1814  county in which the subject accommodations and facilities are
 1815  located notifying all persons of the identity of an independent
 1816  escrow agent or trustee satisfying the requirements of
 1817  subparagraph 4. that shall maintain separate books and records,
 1818  in accordance with good accounting practices, for the timeshare
 1819  plan in which timeshare licenses are to be sold. The books and
 1820  records shall indicate each accommodation and facility that is
 1821  subject to such a timeshare plan and each purchaser of a
 1822  timeshare license in the timeshare plan.
 1823         2. Timeshare estates.—If the timeshare plan is one in which
 1824  timeshare estates are to be sold and no cancellation or default
 1825  has occurred, the escrow agent may release the escrowed funds or
 1826  other property to or on the order of the developer upon
 1827  presentation of:
 1828         a. An affidavit by the developer that all of the following
 1829  conditions have been met:
 1830         (I) Expiration of the cancellation period.
 1831         (II) Completion of construction.
 1832         (III) Closing.
 1833         b. If the timeshare estate is sold by agreement for deed, a
 1834  certified copy of the recorded nondisturbance and notice to
 1835  creditors instrument, as described in this section.
 1836         c. Evidence that each accommodation and facility:
 1837         (I) Is free and clear of the claims of any interestholders,
 1838  other than the claims of interestholders that, through a
 1839  recorded instrument, are irrevocably made subject to the
 1840  timeshare instrument and the use rights of purchasers made
 1841  available through the timeshare instrument;
 1842         (II) Is the subject of a recorded nondisturbance and notice
 1843  to creditors instrument that complies with subsection (3) and s.
 1844  721.17; or
 1845         (III) Has been transferred into a trust satisfying the
 1846  requirements of subparagraph 4.
 1847         d. Evidence that the timeshare estate:
 1848         (I) Is free and clear of the claims of any interestholders,
 1849  other than the claims of interestholders that, through a
 1850  recorded instrument, are irrevocably made subject to the
 1851  timeshare instrument and the use rights of purchasers made
 1852  available through the timeshare instrument; or
 1853         (II) Is the subject of a recorded nondisturbance and notice
 1854  to creditors instrument that complies with subsection (3) and s.
 1855  721.17.
 1856         3. Personal property timeshare interests.—If the timeshare
 1857  plan is one in which personal property timeshare interests are
 1858  to be sold and no cancellation or default has occurred, the
 1859  escrow agent may release the escrowed funds or other property to
 1860  or on the order of the developer upon presentation of:
 1861         a. An affidavit by the developer that all of the following
 1862  conditions have been met:
 1863         (I) Expiration of the cancellation period.
 1864         (II) Completion of construction.
 1865         (III) Closing.
 1866         b. If the personal property timeshare interest is sold by
 1867  agreement for transfer, evidence that the agreement for transfer
 1868  complies fully with s. 721.06 and this section.
 1869         c. Evidence that one of the following has occurred:
 1870         (I) Transfer by the owner of the underlying personal
 1871  property of legal title to the subject accommodations and
 1872  facilities or all use rights therein into a trust satisfying the
 1873  requirements of subparagraph 4.; or
 1874         (II) Transfer by the owner of the underlying personal
 1875  property of legal title to the subject accommodations and
 1876  facilities or all use rights therein into an owners’ association
 1877  satisfying the requirements of subparagraph 5.
 1878         d. Evidence of compliance with the provisions of
 1879  subparagraph 6., if required.
 1880         e. If a personal property timeshare plan is created with
 1881  respect to accommodations and facilities that are located on or
 1882  in an oceangoing vessel, including a “documented vessel” or a
 1883  “foreign vessel,” as defined and governed by 46 U.S.C. chapter
 1884  301:
 1885         (I) In making the transfer required in sub-subparagraph c.,
 1886  the developer shall use as its transfer instrument a document
 1887  that establishes and protects the continuance of the use rights
 1888  in the subject accommodations and facilities in a manner that is
 1889  enforceable by the trust or owners’ association.
 1890         (II) The transfer instrument shall comply fully with the
 1891  provisions of this chapter, shall be part of the timeshare
 1892  instrument, and shall contain specific provisions that:
 1893         (A) Prohibit the vessel owner, the developer, any manager
 1894  or operator of the vessel, the owners’ association or the
 1895  trustee, the managing entity, or any other person from incurring
 1896  any liens against the vessel except for liens that are required
 1897  for the operation and upkeep of the vessel, including liens for
 1898  fuel expenditures, repairs, crews’ wages, and salvage, and
 1899  except as provided in sub-sub-subparagraphs 4.b.(III) and
 1900  5.b.(III). All expenses, fees, and taxes properly incurred in
 1901  connection with the creation, satisfaction, and discharge of any
 1902  such permitted lien, or a prorated portion thereof if less than
 1903  all of the accommodations on the vessel are subject to the
 1904  timeshare plan, shall be common expenses of the timeshare plan.
 1905         (B) Grant a lien against the vessel in favor of the owners’
 1906  association or trustee to secure the full and faithful
 1907  performance of the vessel owner and developer of all of their
 1908  obligations to the purchasers.
 1909         (C) Establish governing law in a jurisdiction that
 1910  recognizes and will enforce the timeshare instrument and the
 1911  laws of the jurisdiction of registry of the vessel.
 1912         (D) Require that a description of the use rights of
 1913  purchasers be posted and displayed on the vessel in a manner
 1914  that will give notice of such rights to any party examining the
 1915  vessel. This notice must identify the owners’ association or
 1916  trustee and include a statement disclosing the limitation on
 1917  incurring liens against the vessel described in sub-sub-sub
 1918  subparagraph (A).
 1919         (E) Include the nondisturbance and notice to creditors
 1920  instrument for the vessel owner and any other interestholders.
 1921         (F) The owners’ association created under subparagraph 5.
 1922  or trustee created under subparagraph 4. shall have access to
 1923  any certificates of classification in accordance with the
 1924  timeshare instrument.
 1925         (III) If the vessel is a foreign vessel, the vessel must be
 1926  registered in a jurisdiction that permits a filing evidencing
 1927  the use rights of purchasers in the subject accommodations and
 1928  facilities, offers protection for such use rights against
 1929  unfiled and inferior claims, and recognizes the document or
 1930  instrument creating such use rights as a lien against the
 1931  vessel.
 1932         (IV) In addition to the disclosures required by s.
 1933  721.07(5), the public offering statement and purchase contract
 1934  must contain a disclosure in conspicuous type in substantially
 1935  the following form:
 1936  
 1937  The laws of the State of Florida govern the offering of this
 1938  timeshare plan in this state. There are inherent risks in
 1939  purchasing a timeshare interest in this timeshare plan because
 1940  the accommodations and facilities of the timeshare plan are
 1941  located on a vessel that will sail into international waters and
 1942  into waters governed by many different jurisdictions. Therefore,
 1943  the laws of the State of Florida cannot fully protect your
 1944  purchase of an interest in this timeshare plan. Specifically,
 1945  management and operational issues may need to be addressed in
 1946  the jurisdiction in which the vessel is registered, which is
 1947  (insert jurisdiction in which vessel is registered). Concerns of
 1948  purchasers may be sent to (insert name of applicable regulatory
 1949  agency and address).
 1950  
 1951         4. Trust.—
 1952         a. If the subject accommodations or facilities, or all use
 1953  rights therein, are to be transferred into a trust in order to
 1954  comply with this paragraph, such transfer shall take place
 1955  pursuant to this subparagraph. If the accommodations or
 1956  facilities included in such transfer are subject to a lease, the
 1957  unexpired term of the lease must be disclosed as the term of the
 1958  timeshare plan pursuant to s. 721.07(5)(f)4.
 1959         b. Prior to the transfer of the subject accommodations and
 1960  facilities, or all use rights therein, to a trust, any lien or
 1961  other encumbrance against such accommodations and facilities, or
 1962  use rights therein, shall be made subject to a nondisturbance
 1963  and notice to creditors instrument pursuant to subsection (3).
 1964  No transfer pursuant to this subparagraph shall become effective
 1965  until the trustee accepts such transfer and the responsibilities
 1966  set forth herein. A trust established pursuant to this
 1967  subparagraph shall comply with the following provisions:
 1968         (I) The trustee shall be an individual or a business entity
 1969  authorized and qualified to conduct trust business in this
 1970  state. Any corporation authorized to do business in this state
 1971  may act as trustee in connection with a timeshare plan pursuant
 1972  to this chapter. The trustee must be independent from any
 1973  developer or managing entity of the timeshare plan or any
 1974  interestholder of any accommodation or facility of such plan.
 1975         (II) The trust shall be irrevocable so long as any
 1976  purchaser has a right to occupy any portion of the timeshare
 1977  property pursuant to the timeshare plan.
 1978         (III) The trustee shall not convey, hypothecate, mortgage,
 1979  assign, lease, or otherwise transfer or encumber in any fashion
 1980  any interest in or portion of the timeshare property with
 1981  respect to which any purchaser has a right of use or occupancy
 1982  unless the timeshare plan is terminated pursuant to the
 1983  timeshare instrument, or such conveyance, hypothecation,
 1984  mortgage, assignment, lease, transfer, or encumbrance is
 1985  approved by a vote of two-thirds of all voting interests of the
 1986  timeshare plan. Subject to s. 721.552, a vote of the voting
 1987  interests of the timeshare plan is not required for substitution
 1988  or automatic deletion of accommodations or facilities.
 1989         (IV) All purchasers of the timeshare plan or the owners’
 1990  association of the timeshare plan shall be the express
 1991  beneficiaries of the trust. The trustee shall act as a fiduciary
 1992  to the beneficiaries of the trust. The personal liability of the
 1993  trustee shall be governed by ss. 736.08125, 736.08163, 736.1013,
 1994  and 736.1015. The agreement establishing the trust shall set
 1995  forth the duties of the trustee. The trustee shall be required
 1996  to furnish promptly to the division upon request a copy of the
 1997  complete list of the names and addresses of the owners in the
 1998  timeshare plan and a copy of any other books and records of the
 1999  timeshare plan required to be maintained pursuant to s. 721.13
 2000  that are in the possession, custody, or control of the trustee.
 2001  All expenses reasonably incurred by the trustee in the
 2002  performance of its duties, together with any reasonable
 2003  compensation of the trustee, shall be common expenses of the
 2004  timeshare plan.
 2005         (V) The trustee shall not resign upon less than 90 days’
 2006  prior written notice to the managing entity and the division. No
 2007  resignation shall become effective until a substitute trustee,
 2008  approved by the division, is appointed by the managing entity
 2009  and accepts the appointment.
 2010         (VI) The documents establishing the trust arrangement shall
 2011  constitute a part of the timeshare instrument.
 2012         (VII) For trusts holding property in a timeshare plan
 2013  located outside this state, the trust and trustee holding such
 2014  property shall be deemed in compliance with the requirements of
 2015  this subparagraph if such trust and trustee are authorized and
 2016  qualified to conduct trust business under the laws of such
 2017  jurisdiction and the agreement or law governing such trust
 2018  arrangement provides substantially similar protections for the
 2019  purchaser as are required in this subparagraph for trusts
 2020  holding property in a timeshare plan in this state.
 2021         (VIII) The trustee shall have appointed a registered agent
 2022  in this state for service of process. In the event such a
 2023  registered agent is not appointed, service of process may be
 2024  served pursuant to s. 721.265.
 2025         5. Owners’ association.—
 2026         a. If the subject accommodations or facilities, or all use
 2027  rights therein, are to be transferred into an owners’
 2028  association in order to comply with this paragraph, such
 2029  transfer shall take place pursuant to this subparagraph.
 2030         b. Before the transfer of the subject accommodations and
 2031  facilities, or all use rights therein, to an owners’
 2032  association, any lien or other encumbrance against such
 2033  accommodations and facilities, or use rights therein, shall be
 2034  made subject to a nondisturbance and notice to creditors
 2035  instrument pursuant to subsection (3). No transfer pursuant to
 2036  this subparagraph shall become effective until the owners’
 2037  association accepts such transfer and the responsibilities set
 2038  forth herein. An owners’ association established pursuant to
 2039  this subparagraph shall comply with the following provisions:
 2040         (I) The owners’ association shall be a business entity
 2041  authorized and qualified to conduct business in this state.
 2042  Control of the board of directors of the owners’ association
 2043  must be independent from any developer or managing entity of the
 2044  timeshare plan or any interestholder.
 2045         (II) The bylaws of the owners’ association shall provide
 2046  that the corporation may not be voluntarily dissolved without
 2047  the unanimous vote of all owners of personal property timeshare
 2048  interests so long as any purchaser has a right to occupy any
 2049  portion of the timeshare property pursuant to the timeshare
 2050  plan.
 2051         (III) The owners’ association shall not convey,
 2052  hypothecate, mortgage, assign, lease, or otherwise transfer or
 2053  encumber in any fashion any interest in or portion of the
 2054  timeshare property with respect to which any purchaser has a
 2055  right of use or occupancy, unless the timeshare plan is
 2056  terminated pursuant to the timeshare instrument, or unless such
 2057  conveyance, hypothecation, mortgage, assignment, lease,
 2058  transfer, or encumbrance is approved by a vote of two-thirds of
 2059  all voting interests of the association and such decision is
 2060  declared by a court of competent jurisdiction to be in the best
 2061  interests of the purchasers of the timeshare plan. The owners’
 2062  association shall notify the division in writing within 10 days
 2063  after receiving notice of the filing of any petition relating to
 2064  obtaining such a court order. The division shall have standing
 2065  to advise the court of the division’s interpretation of the
 2066  statute as it relates to the petition.
 2067         (IV) All purchasers of the timeshare plan shall be members
 2068  of the owners’ association and shall be entitled to vote on
 2069  matters requiring a vote of the owners’ association as provided
 2070  in this chapter or the timeshare instrument. The owners’
 2071  association shall act as a fiduciary to the purchasers of the
 2072  timeshare plan. The articles of incorporation establishing the
 2073  owners’ association shall set forth the duties of the owners’
 2074  association. All expenses reasonably incurred by the owners’
 2075  association in the performance of its duties, together with any
 2076  reasonable compensation of the officers or directors of the
 2077  owners’ association, shall be common expenses of the timeshare
 2078  plan.
 2079         (V) The documents establishing the owners’ association
 2080  shall constitute a part of the timeshare instrument.
 2081         (VI) For owners’ associations holding property in a
 2082  timeshare plan located outside this state, the owners’
 2083  association holding such property shall be deemed in compliance
 2084  with the requirements of this subparagraph if such owners’
 2085  association is authorized and qualified to conduct owners’
 2086  association business under the laws of such jurisdiction and the
 2087  agreement or law governing such arrangement provides
 2088  substantially similar protections for the purchaser as are
 2089  required in this subparagraph for owners’ associations holding
 2090  property in a timeshare plan in this state.
 2091         (VII) The owners’ association shall have appointed a
 2092  registered agent in this state for service of process. In the
 2093  event such a registered agent cannot be located, service of
 2094  process may be made pursuant to s. 721.265.
 2095         6. Personal property subject to certificate of title.—If
 2096  any personal property that is an accommodation or facility of a
 2097  timeshare plan is subject to a certificate of title in this
 2098  state pursuant to chapter 319 or chapter 328, the following
 2099  notation must be made on such certificate of title pursuant to
 2100  s. 319.27(1) or s. 328.15 s. 328.15(1):
 2101  
 2102  The further transfer or encumbrance of the property subject to
 2103  this certificate of title, or any lien or encumbrance thereon,
 2104  is subject to the requirements of section 721.17, Florida
 2105  Statutes, and the transferee or lienor agrees to be bound by all
 2106  of the obligations set forth therein.
 2107  
 2108         7. If the developer has previously provided a certified
 2109  copy of any document required by this paragraph, she or he may
 2110  for all subsequent disbursements substitute a true and correct
 2111  copy of the certified copy, provided no changes to the document
 2112  have been made or are required to be made.
 2113         8. In the event that use rights relating to an
 2114  accommodation or facility are transferred into a trust pursuant
 2115  to subparagraph 4. or into an owners’ association pursuant to
 2116  subparagraph 5., all other interestholders, including the owner
 2117  of the underlying fee or underlying personal property, must
 2118  execute a nondisturbance and notice to creditors instrument
 2119  pursuant to subsection (3).
 2120         Section 31. (1)The rights, duties, and interests flowing
 2121  from a transaction, certificate of title, or record relating to
 2122  a vessel which was validly entered into or created before the
 2123  effective date of this act and would be subject to this act if
 2124  it had been entered into or created on or after the effective
 2125  date of this act remain valid on and after the effective date of
 2126  this act.
 2127         (2)This act does not affect an action or a proceeding
 2128  commenced before the effective date of this act.
 2129         (3)Except as otherwise provided in subsection (4), a
 2130  security interest that is enforceable immediately before the
 2131  effective date of this act and would have priority over the
 2132  rights of a person who becomes a lien creditor at that time is a
 2133  perfected security interest under this act.
 2134         (4)A security interest perfected immediately before the
 2135  effective date of this act remains perfected until the earlier
 2136  of:
 2137         (a)The time perfection would have ceased under the law
 2138  under which the security interest was perfected; or
 2139         (b)Three years after the effective date of this act.
 2140         (5)This act does not affect the priority of a security
 2141  interest in a vessel if immediately before the effective date of
 2142  this act the security interest is enforceable and perfected, and
 2143  that priority is established.
 2144         Section 32. Subject to section 25, this act applies to any
 2145  transaction, certificate of title, or record relating to a
 2146  vessel, even if the transaction, certificate of title, or record
 2147  was entered into or created before the effective date of this
 2148  act.
 2149         Section 33. This act shall take effect July 1, 2023.