The Florida Senate

¹713.5955  Acquisition of title to unclaimed molds.--

(1)  DEFINITIONS.--As used in this section, the term:

(a)  "Customer" means any person who causes a molder to fabricate, cast, or otherwise make a mold, or who provides a molder with a mold with which to manufacture, assemble, cast, fabricate, or otherwise make a product for a customer.

(b)  "Mold" means a die, mold, form, or pattern, but does not include computer software used to control or direct automatic machines in a manufacturing process, and does not include impressions, molds, models, or study casts used by a dentist, orthotist, or prosthetist within the scope of his or her practice.

(c)  "Molder" means any person who fabricates, casts, or otherwise makes or uses a mold for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product for a customer. The term includes a tool or die maker.

(d)  "Records" means documents created or held by a molder in its regular course of business.

(e)  "Unclaimed mold" means a mold which is in the custody of a molder, title to which remains in the customer who ordered or provided the mold, and which has not been used to make a product for at least 3 years.

(2)  OBLIGATIONS OF MOLDERS TO CUSTOMERS.--

(a)  For molds placed in the custody of a molder on or after July 1, 1998, the molder shall:

1.  Make and retain a written record containing, at a minimum, the customer's name, address, and telephone number, a description of the mold in sufficient detail for clear identification, the beginning date of the use of the mold, the last date on which a purchase order was received for the use of the mold, and the date on which the manufacture of the products for the purchase order was completed.

2.  Inform the customer of the existence of the provisions of this section and provide the customer with a copy of the provisions of this section upon the customer's request.

3.  Provide the customer with the following warning in conspicuous type and in substantially the following form:


WARNING: YOUR FAILURE TO MAKE TIMELY ARRANGEMENTS FOR THE DISPOSITION OF A MOLD UPON COMPLETION OF ITS USE BY THE MOLDER WILL RESULT IN A TRANSFER OF YOUR RIGHTS IN THAT MOLD TO THE MOLDER AS PROVIDED BY LAW.

(b)  Regardless of the date of placing the mold in the custody of the molder, the molder shall:

1.  Update its records if a customer informs the molder of a change of address or if the molder receives a new purchase order from the customer for additional use of the mold.

2.  Inform the customer of the existence of the provisions of this section when renewing or updating the records relating to use of a mold ordered or provided by that customer and provide the customer with a copy of the provisions of this section upon the customer's request.

3.  Provide the customer with the following warning in conspicuous type and in substantially the following form:


WARNING: YOUR FAILURE TO MAKE TIMELY ARRANGEMENTS FOR THE DISPOSITION OF A MOLD UPON COMPLETION OF ITS USE BY THE MOLDER WILL RESULT IN A TRANSFER OF YOUR RIGHTS IN THAT MOLD TO THE MOLDER AS PROVIDED BY LAW.

(3)  CUSTOMER'S NOTICE.--It is the responsibility of a customer as the owner of a mold in the custody of a molder to notify the molder promptly in writing of any change in the customer's address. Failure to notify the molder of this change may result in the customer's loss of rights to the property.

(4)  ACQUISITION OF TITLE TO UNCLAIMED MOLDS.--

(a)  To acquire title to an unclaimed mold, a molder must first give notice, to the customer who owns the mold and to any holder of a security interest in the mold which was perfected in this state, of the molder's intent to acquire the title to the mold. The molder must make a good faith and reasonable search for the identity and last known address of the customer from the molder's records and other records reasonably available to the molder's staff. If the molder is able to identify the customer and the customer's last known address, the molder shall give notice to the customer pursuant to paragraph (b). If the identity or last known address of the customer remains unknown after a good faith and reasonable search, the molder shall give notice by publication pursuant to paragraph (c). Notice to a holder of a perfected security interest in the mold must be given pursuant to paragraph (d).

(b)  If the molder is able to identify the customer and the customer's last known address, the molder shall provide notice of intent to acquire title to an unclaimed mold by sending a notice by certified mail, return receipt requested, to the customer at the customer's last known address. The notice shall include the date of mailing the notice, the name of the customer, a description of the mold in sufficient detail for clear identification, the beginning date of the use of the mold, the last date on which a purchase order was received for the use of the mold, the date on which the manufacture of the products for the purchase order was completed, the location of the mold, the name and address of the appropriate molder official to be contacted regarding the mold, and a statement that within 90 days after the date of receipt of the notice of intent to acquire title, the customer is required to remove the mold from the molder's premises or contact the designated official to make contractual arrangements for storage of the mold.

(c)  If the molder is unable to identify sufficient information to send notice pursuant to paragraph (b), or if a signed return receipt of a notice sent by certified mail pursuant to paragraph (b) is not received by the molder within 30 days after the notice is mailed, the molder shall publish the notice of intent to acquire title to the unclaimed mold at least twice, 60 or more days apart, in a publication of general circulation in the county in which the molder is located and the county of the customer's last known address, if known. The published notice shall contain all the information required in paragraph (b) which is available to the molder.

(d)  The molder must make a search of Uniform Commercial Code lien filings with the Florida Department of State, Division of Corporations, and, if the molder is able to identify a holder of a perfected security interest in the mold, the molder shall provide notice of intent to acquire title to the mold by sending a notice by certified mail, return receipt requested, to the lienholder at the lienholder's last address of record with the division. The notice shall contain all the information required by paragraph (b) which is available to the molder.

(5)  MOLDER GAINING TITLE TO PROPERTY; CONDITIONS.--Beginning July 1, 1998, a molder acquires title to an unclaimed mold under any of the following circumstances:

(a)  For an unclaimed mold for which a molder provides notice to a customer in accordance with paragraph (4)(b) and for which a signed receipt is received, if the customer or anyone having a legal interest in the mold does not contact the molder and either remove the mold from the molder's premises or make contractual arrangements with the molder for storage of the mold within 90 days after the date notice was received.

(b)  For an unclaimed mold for which notice by publication is made pursuant to paragraph (4)(c), if the customer or anyone having a legal interest in the mold does not contact the molder and either remove the mold from the molder's premises or make contractual arrangements with the molder for storage of the mold within 90 days after the date of the second publication.

(6)  CONTRACTUAL OBLIGATIONS.--Notwithstanding the provisions of this section, a molder and a customer may bind themselves to different provisions by written contract.

(7)  EFFECT ON OTHER RIGHTS.--This section does not affect the rights of a holder of a perfected security interest in a mold or any right of the customer under federal patent or copyright law or federal law relating to unfair competition.

(8)  TITLE OF PROPERTY ACQUIRED FROM A MOLDER.--A molder who acquires title to a mold under this section passes good title to another when transferring the mold with the intent to pass title.

History.--s. 1, ch. 98-215.

¹Note.--Section 3, ch. 98-215, provides that "[s]ection 1 of this act applies only to contracts entered into before January 1, 1999, and is repealed effective January 1, 2001."