Fla. Stat. 328.145
Rights of secured party


(1)

Subject to subsection (2), the effect of perfection and nonperfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, is governed by the Uniform Commercial Code.

(2)

If, while a security interest in a vessel is perfected by any method under this part, the department creates a certificate of title that does not indicate that the vessel is subject to the security interest or contain a statement that it may be subject to security interests not indicated on the certificate:A buyer of the vessel, other than a person in the business of selling or leasing vessels of that kind, takes free of the security interest if the buyer, acting in good faith and without knowledge of the security interest, gives value and receives possession of the vessel; andThe security interest is subordinate to a conflicting security interest in the vessel that is perfected under s. 328.12 after creation of the certificate and without the conflicting secured party’s knowledge of the security interest.

(a)

A buyer of the vessel, other than a person in the business of selling or leasing vessels of that kind, takes free of the security interest if the buyer, acting in good faith and without knowledge of the security interest, gives value and receives possession of the vessel; and

(b)

The security interest is subordinate to a conflicting security interest in the vessel that is perfected under s. 328.12 after creation of the certificate and without the conflicting secured party’s knowledge of the security interest.

Source: Section 328.145 — Rights of secured party, https://www.­flsenate.­gov/Laws/Statutes/2024/0328.­145 (accessed Aug. 7, 2025).

328.01
Application for certificate of title
328.001
Short title
328.02
Law governing vessel covered by certificate of title
328.03
Certificate of title required
328.04
Content of certificate of title
328.05
Crimes relating to certificates of title to, or other indicia of ownership of, vessels
328.06
Action required on creation of certificate of title
328.07
Hull identification number required
328.09
Refusal to issue and authority to cancel a certificate of title
328.11
Duplicate certificate of title
328.12
Perfection of security interest
328.13
Manufacturer’s statement of origin to be furnished
328.14
Rights of purchaser other than secured party
328.15
Notice of lien and satisfaction of lien on vessel
328.015
Duties and operation of the department
328.0015
Definitions
328.16
Issuance in duplicate
328.17
Nonjudicial sale of vessels
328.18
Power to conduct investigations
328.19
Penalty
328.20
Disposition of fees
328.21
Transfer without delivery of certificate
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
328.35
Rulemaking
328.37
Validity of rights, duties, and interests flowing from law prior to ch. 2019-76
328.38
Applicability
328.045
Title brands
328.055
Maintenance of and access to files
328.065
Effect of possession of certificate of title
328.101
Effect of missing or incorrect information
328.125
Termination statement
328.145
Rights of secured party
328.165
Cancellation of certificates
328.195
Legislative intent
328.215
Application for transfer of ownership or termination of security interest without certificate of title

Current through Fall 2025

§ 328.145. Rights of secured party's source at flsenate​.gov