Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2156
Barcode 313372
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Transportation (Margolis) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 On page 3, line 9, through
16 page 4, line 7, delete those lines
17
18 and insert:
19 Section 1. Subsections (4), (5), (7), (10), (11), and
20 (12) of section 328.17, Florida Statutes, are amended to read:
21 328.17 Nonjudicial sale of vessels.--
22 (4) A marina, as defined in s. 327.02(19), shall have:
23 (a) A possessory lien upon any vessel for storage
24 fees, dockage fees, repairs, improvements, or other
25 work-related storage charges, and for expenses necessary for
26 preservation of the vessel or expenses reasonably incurred in
27 the sale or other disposition of the vessel. The possessory
28 lien shall attach as of the date the vessel is brought to the
29 marina, or as of the date the vessel first occupies rental
30 space at the marina facility.
31 (b) A possessory lien upon any vessel in a wrecked,
1
7:01 AM 03/29/05 s2156c-tr35-c3t
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2156
Barcode 313372
1 junked, or substantially dismantled condition which has been
2 left docked, grounded, beached, or otherwise abandoned at a
3 marina, without the consent of the marina owner, for the
4 expenses reasonably incurred by the marina in the removal and
5 disposal of the vessel. The possessory lien attaches on the
6 date the vessel is discovered at the marina facility. If the
7 funds recovered from the sale of the vessel or from the scrap
8 or salvage value of the vessel are insufficient to cover the
9 expenses reasonably incurred by the marina in removing and
10 disposing of the vessel, all costs in excess of funds
11 recovered shall be recoverable from the owner of the vessel.
12 However, in the event of default, the marina must give notice
13 to persons who hold perfected security interests against the
14 vessel under the Uniform Commercial Code in which the owner is
15 named as the debtor.
16 (5) A marina's possessory lien may be satisfied as
17 follows:
18 (a)1. The marina shall provide written notice to the
19 vessel's owner, delivered in person or by certified mail to
20 the owner's last known address. The notice shall also be and
21 conspicuously posted at the marina and on the vessel.
22 2. In addition to the notice provided to the vessel
23 owner under subparagraph 1., the marina shall provide written
24 notice to each person or entity that:
25 a. Holds a security interest on the vessel as shown in
26 the records of the Department of Highway Safety and Motor
27 Vehicles with respect to state-titled vessels;
28 b. Holds a preferred ship mortgage or has filed a
29 claim of lien with the United States Coast Guard Vessel
30 Documentation Center;
31 c. Holds a security interest against the vessel under
2
7:01 AM 03/29/05 s2156c-tr35-c3t
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2156
Barcode 313372
1 the Uniform Commercial Code; or
2 d. Has perfected a lien against the vessel by filing a
3 judgment lien certificate under ss. 55.201-55.209.
4 3. When a vessel displays a foreign country
5 identification or displays registration numbers from a state
6 other than this state, the marina shall conduct a reasonable
7 lien search of the vessel registration records in the
8 jurisdiction of registry to determine if there is a lienholder
9 who is entitled to notice under subparagraph 2. Failure to
10 discover a foreign national or non-Florida United States
11 lienholder after making a good-faith effort to conduct a lien
12 search does not prevent the sale or removal of a vessel from
13 the marina to satisfy the possessory lien of the marina or a
14 purchaser, in good faith, from taking title of the vessel,
15 under subsections (7) or (11).
16 4. The requirements of subparagraph 2. are satisfied
17 if the marina:
18 a. Obtains a copy of the title for the vessel and
19 trailer, if applicable, from the Department of Highway Safety
20 and Motor Vehicles or other agency where the vessel is
21 registered;
22 b. Obtains an abstract from the United States Coast
23 Guard for a vessel that is documented as defined in 46 U.S.C.
24 s. 301.01;
25 c. Performs a search of liens as provided under the
26 Uniform Commercial Code;
27 d. Performs a search of current judgment lien
28 certificates as provided under state law; and
29 e. Complies with subparagraph (5)(a)3. with regard to
30 vessels registered in a foreign country or in a state other
31 than this state.
3
7:01 AM 03/29/05 s2156c-tr35-c3t
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2156
Barcode 313372
1 5. The written notice to the vessel owner and
2 lienholders required by this paragraph must be made at least
3 60 days before any sale of the vessel under this section.
4 recorded lienholder of such vessel registered with this state
5 as shown by the records of the Department of Highway Safety
6 and Motor Vehicles, at least 30 days prior to the proposed
7 sale.
8 (b) The notice shall include:
9 1. An itemized statement of the marina's claim,
10 showing the sum due at the time of the notice and the date
11 upon which the sum became due.
12 2. A description of the vessel.
13 3. A demand for payment.
14 4. A conspicuous statement that, unless the claim is
15 paid within the time stated in the notice, the vessel will be
16 advertised for sale or other disposition and will be sold or
17 otherwise disposed of at a specified time and place.
18 5. The name, street address, and telephone number of
19 the marina that the owner may contact to respond to the
20 notice.
21 (7) If the fees, and costs, and late-payment interest
22 that give rise to such a lien are due and unpaid 60 120 days
23 after the vessel owner and lienholder are is given written
24 notice, the marina may sell the vessel, including its
25 machinery, rigging, and accessories as provided for in
26 subsection (8), or the marina may, at its option, remove the
27 vessel from the marina or from the waters of the state at the
28 owner's expense under paragraph (4)(b).
29 (10) Before any sale or other disposition of the
30 vessel under pursuant to this section, the owner or lienholder
31 may pay the amount necessary to satisfy the lien and the
4
7:01 AM 03/29/05 s2156c-tr35-c3t
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2156
Barcode 313372
1 reasonable expenses and late-payment interest incurred under
2 this section and thereby redeem and take possession of the
3 vessel. Upon receipt of the such payment, the marina shall
4 return the property to the owner or lienholder making the
5 payment and thereafter shall have no liability to any person
6 with respect to such vessel.
7 (11) Unless otherwise provided by law, a purchaser in
8 good faith of a vessel sold to satisfy a lien provided for in
9 this section takes the property free of any claims other than
10 a prior lien perfected under state or federal law the Uniform
11 Commercial Code, despite noncompliance by the marina with the
12 requirements of this section.
13 (12) In the event of a sale under this section, the
14 marina may satisfy its lien from the proceeds of the sale,
15 provided the marina's lien has priority over all other liens
16 on the vessel other than a prior lien perfected under the
17 Uniform Commercial Code. The lien rights of secured
18 lienholders are automatically also attach transferred to the
19 remaining proceeds of the sale. The balance, if any, shall be
20 held by the marina for delivery on demand to the owner. A
21 notice of any balance shall be delivered by the marina to the
22 owner in person or by certified mail to the last known address
23 of the owner. If the owner does not claim the balance of the
24 proceeds within 1 year after the date of sale, the proceeds
25 shall be deemed abandoned, and the marina shall have no
26 further obligation with regard to the payment of the balance.
27 In the event that the marina's lien does not have priority
28 over all other liens, the sale proceeds shall be held for the
29 benefit of the holders of those liens having priority. A
30 notice of the amount of the sale proceeds shall be delivered
31 by the marina to the owner or secured lienholder in person or
5
7:01 AM 03/29/05 s2156c-tr35-c3t
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2156
Barcode 313372
1 by certified mail to the owner's or the secured lienholder's
2 last known address. If the owner or the secured lienholder
3 does not claim the sale proceeds within 1 year after the date
4 of sale, the proceeds shall be deemed abandoned, and the owner
5 or the secured lienholder shall have no further obligation
6 with regard to the payment of the proceeds.
7
8
9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 On page 1, line 12, after the semicolon,
12
13 insert:
14 providing that a marina may satisfy its
15 possessory lien by giving notice to certain
16 individuals; requiring the marina to conduct a
17 good-faith lien search of vessel registration
18 records for vessels registered outside this
19 state; authorizing the marina to sell the
20 vessel if the fees, costs, and interest are not
21 paid within a specified time after the marina
22 gives notice to the vessel owner; authorizing
23 the owner or the lienholder to satisfy the
24 lien;
25
26
27
28
29
30
31
6
7:01 AM 03/29/05 s2156c-tr35-c3t