CODING: Words stricken are deletions; words underlined are additions.
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Senator Latvala moved the following amendment:
SENATE AMENDMENT
Bill No. HB 1403, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Latvala moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Acquisition of title to unclaimed molds.--
18 (1) DEFINITIONS.--As used in this section, the term:
19 (a) "Customer" means any person who causes a molder to
20 fabricate, cast, or otherwise make a mold, or who provides a
21 molder with a mold with which to manufacture, assemble, cast,
22 fabricate, or otherwise make a product for a customer.
23 (b) "Mold" means a die, mold, form, or pattern, but
24 does not include computer software used to control or direct
25 automatic machines in a manufacturing process, and does not
26 include impressions, molds, models, or study casts used by a
27 dentist, orthotist, or prosthetist within the scope of his or
28 her practice.
29 (c) "Molder" means any person who fabricates, casts,
30 or otherwise makes or uses a mold for the purpose of
31 manufacturing, assembling, casting, fabricating, or otherwise
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SENATE AMENDMENT
Bill No. HB 1403, 1st Eng.
Amendment No.
1 making a product for a customer. The term includes a tool or
2 die maker.
3 (d) "Records" means documents created or held by a
4 molder in its regular course of business.
5 (e) "Unclaimed mold" means a mold which is in the
6 custody of a molder, title to which remains in the customer
7 who ordered or provided the mold, and which has not been used
8 to make a product for at least 3 years.
9 (2) OBLIGATIONS OF MOLDERS TO CUSTOMERS.--
10 (a) For molds placed in the custody of a molder on or
11 after July 1, 1998, the molder shall:
12 1. Make and retain a written record containing, at a
13 minimum, the customer's name, address, and telephone number, a
14 description of the mold in sufficient detail for clear
15 identification, the beginning date of the use of the mold, the
16 last date on which a purchase order was received for the use
17 of the mold, and the date on which the manufacture of the
18 products for the purchase order was completed.
19 2. Inform the customer of the existence of the
20 provisions of this section and provide the customer with a
21 copy of the provisions of this section upon the customer's
22 request.
23 (b) Regardless of the date of placing the mold in the
24 custody of the molder, the molder shall:
25 1. Update its records if a customer informs the molder
26 of a change of address or if the molder receives a new
27 purchase order from the customer for additional use of the
28 mold.
29 2. Inform the customer of the existence of the
30 provisions of this section when renewing or updating the
31 records relating to use of a mold ordered or provided by that
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SENATE AMENDMENT
Bill No. HB 1403, 1st Eng.
Amendment No.
1 customer and provide the customer with a copy of the
2 provisions of this section upon the customer's request.
3 (3) CUSTOMER'S NOTICE.--It is the responsibility of a
4 customer as the owner of a mold in the custody of a molder to
5 notify the molder promptly in writing of any change in the
6 customer's address. Failure to notify the molder of this
7 change may result in the customer's loss of rights to the
8 property.
9 (4) ACQUISITION OF TITLE TO UNCLAIMED MOLDS.--
10 (a) To acquire title to an unclaimed mold, a molder
11 must first give notice, to the customer who owns the mold and
12 to any holder of a security interest in the mold which was
13 perfected in this state, of the molder's intent to acquire the
14 title to the mold. The molder must make a good-faith and
15 reasonable search for the identity and last known address of
16 the customer from the molder's records and other records
17 reasonably available to the molder's staff. If the molder is
18 able to identify the customer and the customer's last known
19 address, the molder shall give notice to the customer pursuant
20 to paragraph (b). If the identity or last known address of
21 the customer remains unknown after a good-faith and reasonable
22 search, the molder shall give notice by publication pursuant
23 to paragraph (c). Notice to a holder of a perfected security
24 interest in the mold must be given pursuant to paragraph (d).
25 (b) If the molder is able to identify the customer and
26 the customer's last known address, the molder shall provide
27 notice of intent to acquire title to an unclaimed mold by
28 sending a notice by certified mail, return receipt requested,
29 to the customer at the customer's last known address. The
30 notice shall include the date of mailing the notice, the name
31 of the customer, a description of the mold in sufficient
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SENATE AMENDMENT
Bill No. HB 1403, 1st Eng.
Amendment No.
1 detail for clear identification, the beginning date of the use
2 of the mold, the last date on which a purchase order was
3 received for the use of the mold, the date on which the
4 manufacture of the products for the purchase order was
5 completed, the location of the mold, the name and address of
6 the appropriate molder official to be contacted regarding the
7 mold, and a statement that within 90 days after the date of
8 receipt of the notice of intent to acquire title, the customer
9 is required to remove the mold from the molder's premises or
10 contact the designated official to make contractual
11 arrangements for storage of the mold.
12 (c) If the molder is unable to identify sufficient
13 information to send notice pursuant to paragraph (b), or if a
14 signed return receipt of a notice sent by certified mail
15 pursuant to paragraph (b) is not received by the molder within
16 30 days after the notice is mailed, the molder shall publish
17 the notice of intent to acquire title to the unclaimed mold at
18 least twice, 60 or more days apart, in a publication of
19 general circulation in the county in which the molder is
20 located and the county of the customer's last known address,
21 if known. The published notice shall contain all the
22 information required in paragraph (b) which is available to
23 the molder.
24 (d) The molder must make a search of Uniform
25 Commercial Code lien filings with the Florida Department of
26 State, Division of Corporations, and, if the molder is able to
27 identify a holder of a perfected security interest in the
28 mold, the molder shall provide notice of intent to acquire
29 title to the mold by sending a notice by certified mail,
30 return receipt requested, to the lienholder at the
31 lienholder's last address of record with the division. The
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SENATE AMENDMENT
Bill No. HB 1403, 1st Eng.
Amendment No.
1 notice shall contain all the information required by paragraph
2 (b) which is available to the molder.
3 (5) MOLDER GAINING TITLE TO PROPERTY;
4 CONDITIONS.--Beginning July 1, 1998, a molder acquires title
5 to an unclaimed mold under any of the following circumstances:
6 (a) For an unclaimed mold for which a molder provides
7 notice to a customer in accordance with paragraph (4)(b) and
8 for which a signed receipt is received, if the customer or
9 anyone having a legal interest in the mold does not contact
10 the molder and either remove the mold from the molder's
11 premises or make contractual arrangements with the molder for
12 storage of the mold within 90 days after the date notice was
13 received.
14 (b) For an unclaimed mold for which notice by
15 publication is made pursuant to paragraph (4)(c), if the
16 customer or anyone having a legal interest in the mold does
17 not contact the molder and either remove the mold from the
18 molder's premises or make contractual arrangements with the
19 molder for storage of the mold within 90 days after the date
20 of the second publication.
21 (6) CONTRACTUAL OBLIGATIONS.--Notwithstanding the
22 provisions of this section, a molder and a customer may bind
23 themselves to different provisions by written contract.
24 (7) EFFECT ON OTHER RIGHTS.--This section does not
25 affect the rights of a holder of a perfected security interest
26 in a mold or any right of the customer under federal patent or
27 copyright law or federal law relating to unfair competition.
28 (8) TITLE OF PROPERTY ACQUIRED FROM A MOLDER.--A
29 molder who acquires title to a mold under this section passes
30 good title to another when transferring the mold with the
31 intent to pass title.
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SENATE AMENDMENT
Bill No. HB 1403, 1st Eng.
Amendment No.
1 Section 2. Section 713.596, Florida Statutes, is
2 created to read:
3 713.596 Molder's liens.--
4 (1) DEFINITIONS.--As used in this section, the term:
5 (a) "Customer" means any person who causes a molder to
6 fabricate, cast, or otherwise make a mold, or who provides a
7 molder with a mold with which to manufacture, assemble, cast,
8 fabricate, or otherwise make a product for a customer.
9 (b) "Mold" means a die, mold, form, or pattern, but
10 does not include computer software used to control or direct
11 automatic machines in a manufacturing process, and does not
12 include impressions, molds, models, or study casts used by a
13 dentist, orthotist, or prosthetist within the scope of his or
14 her practice.
15 (c) "Molder" means any person who fabricates, casts,
16 or otherwise makes or uses a mold for the purpose of
17 manufacturing, assembling, casting, fabricating, or otherwise
18 making a product for a customer. The term includes a tool or
19 die maker.
20 (2) LIENS.--
21 (a) A molder that has not received payment from a
22 customer in accordance with the terms of the contract between
23 the two has a lien on a mold in the molder's possession which
24 belongs to that customer. The lien is for the balance due the
25 molder from the customer for any work that the molder has
26 performed for the customer in manufacturing or fabricating
27 products for the customer using the mold and for the value of
28 all material related to such work. The molder may retain
29 possession of the mold until the debts are paid.
30 (b) Before enforcing the lien, the molder must notify
31 the customer in writing of the claim of lien. The notice must
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SENATE AMENDMENT
Bill No. HB 1403, 1st Eng.
Amendment No.
1 be either delivered personally or sent by certified mail,
2 return receipt requested, to the last known address of the
3 customer. The notice must state that the molder claims a lien
4 for the balance due for work that the molder has performed in
5 manufacturing or fabricating products for the customer using
6 the mold and for the value of related materials as is
7 specified in the notice. Additionally, the notice must include
8 a statement of the amount of the balance owed, a demand for
9 payment, and a statement of the location of the mold. Finally,
10 the notice must include the following warning in conspicuous
11 type and in substantially the following form:
12 WARNING: YOUR FAILURE TO PAY THE UNPAID BALANCE AS STATED
13 HEREIN WILL RESULT IN THE IMPOSITION OF A LIEN ON THE MOLD
14 DESCRIBED HEREIN AND IN THE SALE OF THAT MOLD AS PROVIDED BY
15 LAW.
16 (c) If the customer does not pay the amount due as
17 stated in the notice within 60 days after the date of receipt
18 of the notice, the molder may sell the mold at a public
19 auction. However, the mold may not be sold if there is a
20 good-faith dispute or litigation between the molder and the
21 customer concerning either the quality of the products made or
22 fabricated by use of the mold or the amount due.
23 (3) SALE.--
24 (a) Before a molder may sell a mold, the molder must
25 notify the customer and any holder of a security interest
26 perfected in this state of the intended sale. The notice must
27 be by certified mail, return receipt requested, and must
28 include:
29 1. Notice of the molder's intent to sell the mold 30
30 days after the customer's receipt of the notice.
31 2. A description of the mold to be sold.
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SENATE AMENDMENT
Bill No. HB 1403, 1st Eng.
Amendment No.
1 3. The time and place of the sale.
2 4. An itemized statement of the amount due.
3 (b) If there is no return of the receipt of the
4 mailing or if the postal service returns the notice as being
5 nondeliverable, the molder must publish notice, at least 30
6 days before the date of sale in a newspaper of general
7 circulation in the county of the customer's last known place
8 of business, of the molder's intent to sell the mold. The
9 notice must include a description of the mold to be sold and
10 the time and place of the sale.
11 (c)1. The proceeds of the sale must be paid first to
12 any holder of a security interest perfected in this state. Any
13 excess must be paid to the molder holding the lien created by
14 this section. Any remaining amount is to be paid to the
15 customer, if the customer's address is known, or to the State
16 Treasurer for deposit in the General Revenue Fund if the
17 customer's address is unknown to the molder at the time of the
18 sale.
19 2. A sale may not be made under this section if it
20 would be in violation of any right of a customer under federal
21 patent or copyright law.
22 Section 3. Section 1 of this act applies only to
23 contracts entered into before January 1, 1999, and is repealed
24 effective January 1, 2001.
25 Section 4. This act shall take effect July 1, 1998.
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28 ================ T I T L E A M E N D M E N T ===============
29 And the title is amended as follows:
30 Delete everything before the enacting clause
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SENATE AMENDMENT
Bill No. HB 1403, 1st Eng.
Amendment No.
1 and insert:
2 A bill to be entitled
3 An act relating to molders; providing
4 definitions; providing obligations of molders
5 to customers; providing procedures and
6 conditions for acquisition of title to
7 unclaimed molds; creating s. 713.596, F.S.;
8 creating a molder's lien and specifying rights
9 of a molder; providing definitions; providing
10 procedures; providing for application and
11 repeal; providing an effective date.
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