(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.
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