328.12 – Perfection of security interest.
1328.12 Perfection of security interest.— (1) Except as otherwise provided in this section, a security interest in a vessel may be perfected only by delivery to the department of an application for a certificate of title that identifies the secured party and otherwise complies with s. 328.01. The security interest is perfected on the later of delivery […]
328.23 – Transfer of ownership by secured party’s transfer statement.
1328.23 Transfer of ownership by secured party’s transfer statement.— (1) In this section, “secured party’s transfer statement” means a record signed by the secured party of record stating: (a) That there has been a default on an obligation secured by the vessel; (b) That the secured party of record is exercising or has exercised post-default remedies with respect to […]
328.125 – Termination statement.
1328.125 Termination statement.— (1) A secured party indicated in the files of the department as having a security interest in a vessel shall deliver a termination statement to the department and, on the debtor’s request, to the debtor, by the earlier of: (a) Twenty days after the secured party receives a signed demand from an owner for a […]
328.24 – Transfer by operation of law.
1328.24 Transfer by operation of law.— (1) In this section, “by operation of law” means pursuant to a law or judicial order affecting ownership of a vessel: (a) Because of death, divorce, or other family law proceeding, merger, consolidation, dissolution, or bankruptcy; (b) Through the exercise of the rights of a lien creditor or a person having a lien […]
328.13 – Manufacturer’s statement of origin to be furnished.
328.13 Manufacturer’s statement of origin to be furnished.— (1) Any person selling a new vessel in this state shall furnish a manufacturer’s statement of origin to the purchaser of the vessel. The statement shall be signed and dated by an authorized representative of the manufacturer and shall indicate the complete name and address of the purchaser. The […]
328.14 – Rights of purchaser other than secured party.
1328.14 Rights of purchaser other than secured party.— (1) A buyer in ordinary course of business has the protections afforded by ss. 672.403(2) and 679.320(1) even if an existing certificate of title was not signed and delivered to the buyer or a new certificate listing the buyer as owner of record was not created. (2) Except as otherwise […]
328.145 – Rights of secured party.
1328.145 Rights of secured party.— (1) Subject to subsection (2), the effect of perfection and nonperfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, is governed by the Uniform Commercial Code. (2) If, while a security interest in […]
328.15 – Notice of lien on vessel; recording.
1328.15 Notice of lien on vessel; recording.— (1) No lien for purchase money or as security for a debt in the form of retain title contract, conditional bill of sale, chattel mortgage, or otherwise on a vessel shall be enforceable in any of the courts of this state against creditors or subsequent purchasers for a valuable consideration […]
328.16 – Issuance in duplicate; delivery; liens and encumbrances.
1328.16 Issuance in duplicate; delivery; liens and encumbrances.— (1) The department shall assign a number to each certificate of title and shall issue each certificate of title and each corrected certificate in duplicate. The database record shall serve as the duplicate title certificate. (2) An authorized person must sign the original certificate of title and each corrected certificate […]
328.165 – Cancellation of certificates.
328.165 Cancellation of certificates.— 1(1) If it appears that a certificate of title has been improperly issued, the department shall cancel the certificate. Upon cancellation of any certificate of title, the department shall notify the person to whom the certificate of title was issued, and any lienholders appearing thereon, of the cancellation and shall demand the surrender […]