(1) On voluntary transfer of an ownership interest in a vessel covered by a certificate of title, the following requirements apply:
(a) If the certificate is a written certificate of title and the transferor’s interest is noted on the certificate, the transferor shall promptly sign the certificate and deliver it to the transferee. If the transferor does not have possession of the certificate, the person in possession of the certificate has a duty to facilitate the transferor’s compliance with this paragraph. A secured party does not have a duty to facilitate the transferor’s compliance with this paragraph if the proposed transfer is prohibited by the security agreement.
(b) If the certificate of title is an electronic certificate of title, the transferor shall promptly sign by hand, or electronically if available, and deliver to the transferee a record evidencing the transfer of ownership to the transferee.
(c) The transferee has a right enforceable by specific performance to require the transferor to comply with paragraph (a) or paragraph (b).
(2) The creation of a certificate of title identifying the transferee as owner of record satisfies subsection (1).
(3) A failure to comply with subsection (1) or to apply for a new certificate of title does not render a transfer of ownership of a vessel ineffective between the parties. Except as otherwise provided in s. 328.101, s. 328.14(1), s. 328.145, or s. 328.23, a transfer of ownership without compliance with subsection (1) is not effective against another person claiming an interest in the vessel.
(4) A transferor that complies with subsection (1) is not liable as owner of the vessel for an event occurring after the transfer, regardless of whether the transferee applies for a new certificate of title.
History.—s. 23, ch. 2019-76.
1Note.—Effective July 1, 2023.
Structure Florida Statutes
Chapter 328 - Vessels: Title Certificates; Liens; Registration
Part I - Vessels; Title Certificates; Liens (Ss. 328.001-328.38)
328.01 - Application for certificate of title.
328.015 - Duties and operation of the department.
328.02 - Law governing vessel covered by certificate of title.
328.03 - Certificate of title required.
328.04 - Content of certificate of title.
328.055 - Maintenance of and access to files.
328.06 - Action required on creation of certificate of title.
328.065 - Effect of possession of certificate of title; judicial process.
328.07 - Hull identification number required.
328.09 - Refusal to issue and authority to cancel a certificate of title or registration.
328.101 - Effect of missing or incorrect information.
328.11 - Duplicate certificate of title.
328.12 - Perfection of security interest.
328.125 - Termination statement.
328.13 - Manufacturer’s statement of origin to be furnished.
328.14 - Rights of purchaser other than secured party.
328.145 - Rights of secured party.
328.15 - Notice of lien on vessel; recording.
328.16 - Issuance in duplicate; delivery; liens and encumbrances.
328.165 - Cancellation of certificates.
328.17 - Nonjudicial sale of vessels.
328.18 - Power to conduct investigations.
328.22 - Transfer of ownership.
328.23 - Transfer of ownership by secured party’s transfer statement.
328.24 - Transfer by operation of law.
328.25 - Supplemental principles of law and equity.
328.30 - Transactions by electronic or telephonic means.
328.37 - Validity of rights, duties, and interests flowing from law prior to ch. 2019-76.