TECHNICAL ADVISORY

DIVISION OF MOTOR VEHICLES


To: Tax Collectors and License Plate Agents

From: Carl A. Ford, Director

Subject: 2003 Legislative Changes Which Will Effect Vessel Procedures

Advisory Date: 6/30/03

Implementation Date: 7/1/03

Advisory Number: V03-01


As a result of the passage of House Bill 1453, the following change/amendment will become effective July 1, 2003:

Section 328.17, Florida Statutes, as amended, changes some of the requirements for the nonjudicial sale of vessels. The changes are summarized below:

Originally, section 328.17, Florida Statutes, was written separating the nonpayment of rent charges and labor charges. VSTL-25 and VSTL-34 had been written as separate procedures based on their separation in section 328.17, Florida Statutes. Previously, the law required that in order to make application for title for a vessel sold for nonpayment of rent or storage, the marina had to provide to the purchaser, two appraisals of the vessel to determine the fair market value, certified letters sent to the owner(s) and lienholder(s) of record with the Department of Highway Safety and Motor Vehicles, lien satisfaction(s) for any active liens and a receipt for excess funds over the lien amount deposited with the clerk of the court.

The new law will eliminate the requirement for the two appraisals and the lien satisfaction(s) for the active liens. It also eliminates the requirement for the certified copy of the receipt showing excess funds over the lien amount being deposited with the clerk of the court. The new law incorporates the storage and repair charges along with associated charges. Also because of rewording in the law, the verbiage "nonpayment of rent" has been changed to "storage charges".

Due to this law change, DMV Procedure VSTL-34 will be merged into VSTL-25. DMV Procedure VSTL-34 is obsolete. The revised DMV Procedure VSTL-25 is attached.

If you have any question or need further assistance, please contact your Help Desk Representative.

CAF/yrb