Florida Statutes 328.23 – Transfer of ownership by secured party’s transfer statement
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(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;
Terms Used In Florida Statutes 328.23
- Certificate of title: means a record, created by the department or by a governmental agency of another jurisdiction under the law of that jurisdiction, that is designated as a certificate of title by the department or agency and is evidence of ownership of a vessel. See Florida Statutes 328.0015
- Department: means the Department of Highway Safety and Motor Vehicles. See Florida Statutes 328.0015
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Florida Statutes 328.0015
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Owner: means a person who has legal title to a vessel. See Florida Statutes 328.0015
- Owner of record: means the owner indicated in the files of the department or, if the files indicate more than one owner, the one first indicated. See Florida Statutes 328.0015
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Florida Statutes 328.0015
- Secured party of record: means the secured party whose name is indicated as the name of the secured party in the files of the department or, if the files indicate more than one secured party, the one first indicated. See Florida Statutes 328.0015
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Florida Statutes 328.0015
- Vessel: means a watercraft used or capable of being used as a means of transportation on water, except:1. See Florida Statutes 328.0015
- Written certificate of title: means a certificate of title consisting of information inscribed on a tangible medium. See Florida Statutes 328.0015
(b) That the secured party of record is exercising or has exercised post-default remedies with respect to the vessel;(c) That by reason of the exercise, the secured party of record has the right to transfer the ownership interest of an owner, and the name of the owner;(d) The name and last known mailing address of the owner of record and the secured party of record;(e) The name of the transferee;(f) Other information required by s. 328.01(2); and(g) One of the following:1. The certificate of title is an electronic certificate;2. The secured party does not have possession of the written certificate of title created in the name of the owner of record; or3. The secured party is delivering the written certificate of title to the department with the secured party’s transfer statement.
(2) Unless the department rejects a secured party’s transfer statement for a reason stated in s. 328.09(3), not later than 30 days after delivery to the department of the statement and payment of fees and taxes payable under the laws of this state other than this part in connection with the statement or the acquisition or use of the vessel, the department shall:
(a) Accept the statement;
(b) Amend the files of the department to reflect the transfer; and
(c) If the name of the owner whose ownership interest is being transferred is indicated on the certificate of title:
1. Cancel the certificate even if the certificate has not been delivered to the department;
2. Create a new certificate indicating the transferee as owner; and
3. Deliver the new certificate or a record evidencing an electronic certificate.
(3) An application under subsection (1) or the creation of a certificate of title under subsection (2) is not by itself a disposition of the vessel and does not by itself relieve the secured party of its duties under chapter 679.