Senate Bill 0114e1

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    CS for SB 114                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to molders; providing

  3         definitions; providing obligations of molders

  4         to customers; providing procedures and

  5         conditions for acquisition of title to

  6         unclaimed molds; creating s. 713.596, F.S.;

  7         creating a molder's lien and specifying rights

  8         of a molder; providing definitions; providing

  9         procedures; providing for application and

10         repeal; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Acquisition of title to unclaimed molds.--

15         (1)  DEFINITIONS.--As used in this section, the term:

16         (a)  "Customer" means any person who causes a molder to

17  fabricate, cast, or otherwise make a mold, or who provides a

18  molder with a mold with which to manufacture, assemble, cast,

19  fabricate, or otherwise make a product for a customer.

20         (b)  "Mold" means a die, mold, form, or pattern, but

21  does not include computer software used to control or direct

22  automatic machines in a manufacturing process, and does not

23  include impressions, molds, models, or study casts used by a

24  dentist, orthotist, or prosthetist within the scope of his or

25  her practice.

26         (c)  "Molder" means any person who fabricates, casts,

27  or otherwise makes or uses a mold for the purpose of

28  manufacturing, assembling, casting, fabricating, or otherwise

29  making a product for a customer. The term includes a tool or

30  die maker.

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    CS for SB 114                                  First Engrossed



  1         (d)  "Records" means documents created or held by a

  2  molder in its regular course of business.

  3         (e)  "Unclaimed mold" means a mold which is in the

  4  custody of a molder, title to which remains in the customer

  5  who ordered or provided the mold, and which has not been used

  6  to make a product for at least 3 years.

  7         (2)  OBLIGATIONS OF MOLDERS TO CUSTOMERS.--

  8         (a)  For molds placed in the custody of a molder on or

  9  after July 1, 1998, the molder shall:

10         1.  Make and retain a written record containing, at a

11  minimum, the customer's name, address, and telephone number, a

12  description of the mold in sufficient detail for clear

13  identification, the beginning date of the use of the mold, the

14  last date on which a purchase order was received for the use

15  of the mold, and the date on which the manufacture of the

16  products for the purchase order was completed.

17         2.  Inform the customer of the existence of the

18  provisions of this section and provide the customer with a

19  copy of the provisions of this section upon the customer's

20  request.

21         3.  Provide the customer with the following warning in

22  conspicuous type and in substantially the following form:

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24  WARNING: YOUR FAILURE TO MAKE TIMELY ARRANGEMENTS FOR THE

25  DISPOSITION OF A MOLD UPON COMPLETION OF ITS USE BY THE MOLDER

26  WILL RESULT IN A TRANSFER OF YOUR RIGHTS IN THAT MOLD TO THE

27  MOLDER AS PROVIDED BY LAW.

28         (b)  Regardless of the date of placing the mold in the

29  custody of the molder, the molder shall:

30         1.  Update its records if a customer informs the molder

31  of a change of address or if the molder receives a new


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    CS for SB 114                                  First Engrossed



  1  purchase order from the customer for additional use of the

  2  mold.

  3         2.  Inform the customer of the existence of the

  4  provisions of this section when renewing or updating the

  5  records relating to use of a mold ordered or provided by that

  6  customer and provide the customer with a copy of the

  7  provisions of this section upon the customer's request.

  8         3.  Provide the customer with the following warning in

  9  conspicuous type and in substantially the following form:

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11  WARNING: YOUR FAILURE TO MAKE TIMELY ARRANGEMENTS FOR THE

12  DISPOSITION OF A MOLD UPON COMPLETION OF ITS USE BY THE MOLDER

13  WILL RESULT IN A TRANSFER OF YOUR RIGHTS IN THAT MOLD TO THE

14  MOLDER AS PROVIDED BY LAW.

15         (3)  CUSTOMER'S NOTICE.--It is the responsibility of a

16  customer as the owner of a mold in the custody of a molder to

17  notify the molder promptly in writing of any change in the

18  customer's address. Failure to notify the molder of this

19  change may result in the customer's loss of rights to the

20  property.

21         (4)  ACQUISITION OF TITLE TO UNCLAIMED MOLDS.--

22         (a)  To acquire title to an unclaimed mold, a molder

23  must first give notice, to the customer who owns the mold and

24  to any holder of a security interest in the mold which was

25  perfected in this state, of the molder's intent to acquire the

26  title to the mold. The molder must make a good-faith and

27  reasonable search for the identity and last known address of

28  the customer from the molder's records and other records

29  reasonably available to the molder's staff.  If the molder is

30  able to identify the customer and the customer's last known

31  address, the molder shall give notice to the customer pursuant


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    CS for SB 114                                  First Engrossed



  1  to paragraph (b).  If the identity or last known address of

  2  the customer remains unknown after a good-faith and reasonable

  3  search, the molder shall give notice by publication pursuant

  4  to paragraph (c). Notice to a holder of a perfected security

  5  interest in the mold must be given pursuant to paragraph (d).

  6         (b)  If the molder is able to identify the customer and

  7  the customer's last known address, the molder shall provide

  8  notice of intent to acquire title to an unclaimed mold by

  9  sending a notice by certified mail, return receipt requested,

10  to the customer at the customer's last known address. The

11  notice shall include the date of mailing the notice, the name

12  of the customer, a description of the mold in sufficient

13  detail for clear identification, the beginning date of the use

14  of the mold, the last date on which a purchase order was

15  received for the use of the mold, the date on which the

16  manufacture of the products for the purchase order was

17  completed, the location of the mold, the name and address of

18  the appropriate molder official to be contacted regarding the

19  mold, and a statement that within 90 days after the date of

20  receipt of the notice of intent to acquire title, the customer

21  is required to remove the mold from the molder's premises or

22  contact the designated official to make contractual

23  arrangements for storage of the mold.

24         (c)  If the molder is unable to identify sufficient

25  information to send notice pursuant to paragraph (b), or if a

26  signed return receipt of a notice sent by certified mail

27  pursuant to paragraph (b) is not received by the molder within

28  30 days after the notice is mailed, the molder shall publish

29  the notice of intent to acquire title to the unclaimed mold at

30  least twice, 60 or more days apart, in a  publication of

31  general circulation in the county in which the molder is


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    CS for SB 114                                  First Engrossed



  1  located and the county of the customer's last known address,

  2  if known. The published notice shall contain all the

  3  information required in paragraph (b) which is available to

  4  the molder.

  5         (d)  The molder must make a search of Uniform

  6  Commercial Code lien filings with the Florida Department of

  7  State, Division of Corporations, and, if the molder is able to

  8  identify a holder of a perfected security interest in the

  9  mold, the molder shall provide notice of intent to acquire

10  title to the mold by sending a notice by certified mail,

11  return receipt requested, to the lienholder at the

12  lienholder's last address of record with the division. The

13  notice shall contain all the information required by paragraph

14  (b) which is available to the molder.

15         (5)  MOLDER GAINING TITLE TO PROPERTY;

16  CONDITIONS.--Beginning July 1, 1998, a molder acquires title

17  to an unclaimed mold under any of the following circumstances:

18         (a)  For an unclaimed mold for which a molder provides

19  notice to a customer in accordance with paragraph (4)(b) and

20  for which a signed receipt is received, if the customer or

21  anyone having a legal interest in the mold does not contact

22  the molder and either remove the mold from the molder's

23  premises or make contractual arrangements with the molder for

24  storage of the mold within 90 days after the date notice was

25  received.

26         (b)  For an unclaimed mold for which notice by

27  publication is made pursuant to paragraph (4)(c), if the

28  customer or anyone having a legal interest in the mold does

29  not contact the molder and either remove the mold from the

30  molder's premises or make contractual arrangements with the

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    CS for SB 114                                  First Engrossed



  1  molder for storage of the mold within 90 days after the date

  2  of the second publication.

  3         (6)  CONTRACTUAL OBLIGATIONS.--Notwithstanding the

  4  provisions of this section, a molder and a customer may bind

  5  themselves to different provisions by written contract.

  6         (7)  EFFECT ON OTHER RIGHTS.--This section does not

  7  affect the rights of a holder of a perfected security interest

  8  in a mold or any right of the customer under federal patent or

  9  copyright law or federal law relating to unfair competition.

10         (8)  TITLE OF PROPERTY ACQUIRED FROM A MOLDER.--A

11  molder who acquires title to a mold under this section passes

12  good title to another when transferring the mold with the

13  intent to pass title.

14         Section 2.  Section 713.596, Florida Statutes, is

15  created to read:

16         713.596  Molder's liens.--

17         (1)  DEFINITIONS.--As used in this section, the term:

18         (a)  "Customer" means any person who causes a molder to

19  fabricate, cast, or otherwise make a mold, or who provides a

20  molder with a mold with which to manufacture, assemble, cast,

21  fabricate, or otherwise make a product for a customer.

22         (b)  "Mold" means a die, mold, form, or pattern, but

23  does not include computer software used to control or direct

24  automatic machines in a manufacturing process, and does not

25  include impressions, molds, models, or study casts used by a

26  dentist, orthotist, or prosthetist within the scope of his or

27  her practice.

28         (c)  "Molder" means any person who fabricates, casts,

29  or otherwise makes or uses a mold for the purpose of

30  manufacturing, assembling, casting, fabricating, or otherwise

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    CS for SB 114                                  First Engrossed



  1  making a product for a customer. The term includes a tool or

  2  die maker.

  3         (2)  LIENS.--

  4         (a)  A molder that has not received payment from a

  5  customer in accordance with the terms of the contract between

  6  the two has a lien on a mold in the molder's possession which

  7  belongs to that customer. The lien is for the balance due the

  8  molder from the customer for any work that the molder has

  9  performed for the customer in manufacturing or fabricating

10  products for the customer using the mold and for the value of

11  all material related to such work. The molder may retain

12  possession of the mold until the debts are paid.

13         (b)  Before enforcing the lien, the molder must notify

14  the customer in writing of the claim of lien. The notice must

15  be either delivered personally or sent by certified mail,

16  return receipt requested, to the last known address of the

17  customer. The notice must state that the molder claims a lien

18  for the balance due for work that the molder has performed in

19  manufacturing or fabricating products for the customer using

20  the mold and for the value of related materials as is

21  specified in the notice. Additionally, the notice must include

22  a statement of the amount of the balance owed, a demand for

23  payment, and a statement of the location of the mold. Finally,

24  the notice must include the following warning in conspicuous

25  type and in substantially the following form:

26  WARNING: YOUR FAILURE TO PAY THE UNPAID BALANCE AS STATED

27  HEREIN WILL RESULT IN THE IMPOSITION OF A LIEN ON THE MOLD

28  DESCRIBED HEREIN AND IN THE SALE OF THAT MOLD AS PROVIDED BY

29  LAW.

30         (c)  If the customer does not pay the amount due as

31  stated in the notice within 60 days after the date of receipt


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    CS for SB 114                                  First Engrossed



  1  of the notice, the molder may sell the mold at a public

  2  auction. However, the mold may not be sold if there is a

  3  good-faith dispute or litigation between the molder and the

  4  customer concerning either the quality of the products made or

  5  fabricated by use of the mold or the amount due.

  6         (3)  SALE.--

  7         (a)  Before a molder may sell a mold, the molder must

  8  notify the customer and any holder of a security interest

  9  perfected in this state of the intended sale. The notice must

10  be by certified mail, return receipt requested, and must

11  include:

12         1.  Notice of the molder's intent to sell the mold 30

13  days after the customer's receipt of the notice.

14         2.  A description of the mold to be sold.

15         3.  The time and place of the sale.

16         4.  An itemized statement of the amount due.

17         (b)  If there is no return of the receipt of the

18  mailing or if the postal service returns the notice as being

19  nondeliverable, the molder must publish notice, at least 30

20  days before the date of sale in a newspaper of general

21  circulation in the county of the customer's last known place

22  of business, of the molder's intent to sell the mold. The

23  notice must include a description of the mold to be sold and

24  the time and place of the sale.2

25         (c)1.  The proceeds of the sale must be paid first to

26  any holder of a security interest perfected in this state. Any

27  excess must be paid to the molder holding the lien created by

28  this section. Any remaining amount is to be paid to the

29  customer, if the customer's address is known, or to the State

30  Treasurer for deposit in the General Revenue Fund if the

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    CS for SB 114                                  First Engrossed



  1  customer's address is unknown to the molder at the time of the

  2  sale.

  3         2.  A sale may not be made under this section if it

  4  would be in violation of any right of a customer under federal

  5  patent or copyright law.

  6         Section 3.  Section 1 of this act applies only to

  7  contracts entered into before January 1, 1999, and is repealed

  8  effective January 1, 2001.

  9         Section 4.  This act shall take effect July 1, 1998.

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