HB 1403

1
A bill to be entitled
2An act relating to nonjudicial sale of vessels; amending
3s. 328.17, F.S.; revising notice requirements of a marina
4having a possessory lien on a vessel for unpaid costs,
5charges, or fees prior to nonjudicial sale of the vessel;
6reducing the time allowed to pay the fees, charges, and
7costs giving rise to the lien prior to sale of the vessel;
8revising requirements with respect to perfection of and
9priority over prior or other liens; providing an effective
10date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsections (4), (5), (7), (10), (11), and (12)
15of section 328.17, Florida Statutes, are amended to read:
16     328.17  Nonjudicial sale of vessels.--
17     (4)  A marina, as defined in s. 327.02(19), shall have a
18possessory lien upon any vessel for storage fees, dockage fees,
19repairs, improvements, or other work-related storage charges,
20and for expenses necessary for preservation of the vessel or
21expenses reasonably incurred in the sale or other disposition of
22the vessel. The possessory lien shall attach as of the date the
23vessel is brought to the marina, or as of the date the vessel
24first occupies rental space at the marina facility. However, in
25the event of default, the marina must give notice to persons who
26hold perfected security interests against the vessel under the
27Uniform Commercial Code in which the owner is named as the
28debtor.
29     (5)  A marina's possessory lien may be satisfied as
30follows:
31     (a)1.  The marina shall provide written notice to the
32vessel's owner, delivered in person or by certified mail to the
33owner's last known address. The notice shall also be and
34conspicuously posted at the marina and on the vessel.
35     2.  In addition to notice provided to the vessel owner
36under subparagraph 1., the marina shall provide written notice
37to each person or entity that:
38     a.  Holds a security interest on the vessel as shown in the
39records of the Department of Highway Safety and Motor Vehicles
40with respect to state-titled vessels;
41     b.  Holds a preferred ship mortgage or has filed a claim of
42lien with the United States Coast Guard Vessel Documentation
43Center;
44     c.  Is known by the marina to possess a maritime lien
45against the vessel pursuant to 46 U.S.C. ss. 31301-31343 or
46other applicable federal maritime law; or
47     d.  Has perfected a lien against the subject vessel by
48filing a judgment lien certificate pursuant to s. 55.201-55.209.
49     3.  In furtherance of the requirements of subparagraph 2.,
50the marina shall:
51     a.  Obtain a copy of the title for the vessel and trailer,
52if applicable, from the Department of Highway Safety and Motor
53Vehicles or other agency where the vessel is registered.
54     b.  Obtain an abstract from the United States Coast Guard
55for a vessel that is documented as defined in 46 U.S.C. s.
56301.01.
57     c.  Conduct a current Uniform Commercial Code lien search.
58     d.  Conduct a current Florida judgment lien certificate
59search.
60     4.  A written notice required by this paragraph shall be
61made at least 60 days prior to any sale of the vessel under this
62section recorded lienholder of such vessel registered with this
63state as shown by the records of the Department of Highway
64Safety and Motor Vehicles, at least 30 days prior to the
65proposed sale.
66     (b)  The notice shall include:
67     1.  An itemized statement of the marina's claim, showing
68the sum due at the time of the notice and the date upon which
69the sum became due.
70     2.  A description of the vessel.
71     3.  A demand for payment.
72     4.  A conspicuous statement that, unless the claim is paid
73within the time stated in the notice, the vessel will be
74advertised for sale or other disposition and will be sold or
75otherwise disposed of at a specified time and place.
76     5.  The name, street address, and telephone number of the
77marina that the owner may contact to respond to the notice.
78     (7)  If the fees, charges, and costs that give rise to such
79a lien are due and unpaid 60 120 days after the vessel owner and
80lienholder are is given written notice, the marina may sell the
81vessel, including its machinery, rigging, and accessories as
82provided for in subsection (8).
83     (10)  Before any sale or other disposition of the vessel
84pursuant to this section, the owner, or the holder of any
85perfected lien who is entitled to possession of the vessel, may
86pay the amount necessary to satisfy the lien and the reasonable
87expenses incurred under this section and thereby redeem and take
88possession of the vessel. Upon receipt of such payment, the
89marina shall return the property to the person owner and
90thereafter shall have no liability to any person with respect to
91such vessel.
92     (11)  Unless otherwise provided by law, a purchaser in good
93faith of a vessel sold to satisfy a lien provided for in this
94section takes the property free of any claims other than a prior
95lien perfected under state or federal law the Uniform Commercial
96Code, despite noncompliance by the marina with the requirements
97of this section.
98     (12)  In the event of a sale under this section, the marina
99may satisfy its lien from the proceeds of the sale, provided the
100marina's lien has priority over all other liens on the vessel
101other than a prior lien perfected under the Uniform Commercial
102Code. The lien rights of secured lienholders are automatically
103also attach transferred to the remaining proceeds of the sale.
104The balance, if any, shall be held by the marina for delivery on
105demand to the owner. A notice of any balance shall be delivered
106by the marina to the owner in person or by certified mail to the
107last known address of the owner. If the owner does not claim the
108balance of the proceeds within 1 year after the date of sale,
109the proceeds shall be deemed abandoned, and the marina shall
110have no further obligation with regard to the payment of the
111balance. In the event that the marina's lien does not have
112priority over all other liens, the sale proceeds shall be held
113for the benefit of the holders of those liens having priority. A
114notice of the amount of the sale proceeds shall be delivered by
115the marina to the owner or secured lienholder in person or by
116certified mail to the owner's or the secured lienholder's last
117known address. If the owner or the secured lienholder does not
118claim the sale proceeds within 1 year after the date of sale,
119the proceeds shall be deemed abandoned, and the owner or the
120secured lienholder shall have no further obligation with regard
121to the payment of the proceeds.
122     Section 2.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.