(1) The rights, duties, and interests flowing from a transaction, certificate of title, or record relating to a vessel which was validly entered into or created before the effective date of this act and would be subject to this act if it had been entered into or created on or after the effective date of this act remain valid on and after the effective date of this act.
(2) This act does not affect an action or proceeding commenced before the effective date of this act.
(3) Except as otherwise provided in subsection (4), a security interest that is enforceable immediately before the effective date of this act and would have priority over the rights of a person who becomes a lien creditor at that time is a perfected security interest under this act.
(4) A security interest perfected immediately before the effective date of this act remains perfected until the earlier of:
(a) The time perfection would have ceased under the law under which the security interest was perfected; or
(b) Three years after the effective date of this act.
(5) This act does not affect the priority of a security interest in a vessel if immediately before the effective date of this act the security interest is enforceable and perfected, and that priority is established.
History.—s. 31, 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.