(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;

Terms Used In Florida Statutes 328.24

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Person: means an individual, corporation, business trust, estate, trust, statutory trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. 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
  • Security interest: means an interest in a vessel which secures payment or performance of an obligation if the interest is created by contract or arises under…. 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
  • Statute: A law passed by a legislature.
  • 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) Through the exercise of the rights of a lien creditor or a person having a lien created by statute or rule of law; or
(c) Through other legal process.
(2) A transfer-by-law statement must contain:

(a) The name and last known mailing address of the owner of record and the transferee and the other information required by s. 328.01;
(b) Documentation sufficient to establish the transferee’s ownership interest or right to acquire the ownership interest;
(c) A statement that:

1. The certificate of title is an electronic certificate of title;
2. The transferee does not have possession of the written certificate of title created in the name of the owner of record; or
3. The transferee is delivering the written certificate to the department with the transfer-by-law statement; and
(d) Except for a transfer described in paragraph (1)(a), evidence that notification of the transfer and the intent to file the transfer-by-law statement has been sent to all persons indicated in the files of the department as having an interest, including a security interest, in the vessel.
(3) Unless the department rejects a transfer-by-law statement for a reason stated in s. 328.09(3) or because the statement does not include documentation satisfactory to the department as to the transferee’s ownership interest or right to acquire the ownership interest, not later than 30 days after delivery to the department of the statement and payment of fees and taxes payable under the law of this state other than this part in connection with the statement or with 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;
3. Indicate on the new certificate any security interest indicated on the canceled certificate, unless a court order provides otherwise; and
4. Deliver the new certificate or a record evidencing an electronic certificate.
(4) This section does not apply to a transfer of an interest in a vessel by a secured party under part VI of chapter 679.
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