Senate Bill sb0902
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Florida Senate - 2005 SB 902
By Senator Campbell
32-771-05
1 A bill to be entitled
2 An act relating to the nonjudicial sale of
3 vessels; amending s. 328.17, F.S.; revising
4 requirements for notice before a nonjudicial
5 sale of a vessel; revising methods for
6 perfecting a marina's possessory lien;
7 providing precedence of certain liens when a
8 vessel is sold to satisfy a lien under s.
9 328.17, F.S.; prescribing a marina's right to
10 satisfy its lien from the sale of a vessel
11 under s. 328.17, F.S.; providing an effective
12 date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsection (4), paragraph (a) of subsection
17 (5), and subsections (11) and (12) of section 328.17, Florida
18 Statutes, are amended to read:
19 328.17 Nonjudicial sale of vessels.--
20 (4) A marina, as defined in s. 327.02(19), shall have
21 a possessory lien upon any vessel for storage fees, dockage
22 fees, repairs, improvements, or other work-related storage
23 charges, and for expenses necessary for preservation of the
24 vessel or expenses reasonably incurred in the sale or other
25 disposition of the vessel. The possessory lien shall attach as
26 of the date the vessel is brought to the marina, or as of the
27 date the vessel first occupies rental space at the marina
28 facility. However, in the event of default, the marina must
29 give notice to persons who hold perfected security interests
30 against the vessel under the Uniform Commercial Code in which
31 the owner is named as the debtor.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 902
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1 (5) A marina's possessory lien may be satisfied as
2 follows:
3 (a) The marina shall provide written notice to the
4 vessel's owner, delivered in person or by certified mail to
5 the owner's last known address. The notice shall also be and
6 conspicuously posted at the marina and on the vessel. In
7 addition, the marina must shall provide written notice to each
8 person or entity that holds a security interest on the vessel
9 as shown in the records of the Department of Highway Safety
10 and Motor Vehicles with respect to state-titled vessels, holds
11 a preferred ship mortgage or has filed a claim of lien with
12 the United States Coast Guard Vessel Documentation Center, or
13 is known by the marina to possess a maritime lien against the
14 vessel under 46 U.S.C. ss. 31301-31343 or a judgment lien
15 under ss. 55.201-55.209 or other applicable federal maritime
16 law. In furtherance of these requirements, the marina must
17 obtain a copy of the title for the vessel, and trailer if
18 applicable, from the Department of Highway Safety and Motor
19 Vehicles or a similar agency in the jurisdiction where the
20 vessel is registered or an abstract from the United States
21 Coast Guard for a vessel that is "documented" as defined in 46
22 U.S.C. s. 30101. The written notices required by this
23 paragraph shall be made by certified mail at least 60 days
24 before any proposed sale under this section. recorded
25 lienholder of such vessel registered with this state as shown
26 by the records of the Department of Highway Safety and Motor
27 Vehicles, at least 30 days prior to the proposed sale.
28 (11) Unless otherwise provided by law, a purchaser in
29 good faith of a vessel sold to satisfy a lien provided for in
30 this section takes the property free of any claims other than
31 a prior lien perfected under state or federal law the Uniform
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Florida Senate - 2005 SB 902
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1 Commercial Code, despite noncompliance by the marina with the
2 requirements of this section.
3 (12) In the event of a sale under this section, the
4 marina may satisfy its lien from the proceeds of the sale,
5 provided the marina's lien has priority over all other liens
6 on the vessel other than a prior lien perfected under the
7 Uniform Commercial Code. The lien rights of secured
8 lienholders are automatically transferred to the remaining
9 proceeds of the sale. The balance, if any, shall be held by
10 the marina for delivery on demand to the owner. A notice of
11 any balance shall be delivered by the marina to the owner in
12 person or by certified mail to the last known address of the
13 owner. If the owner does not claim the balance of the proceeds
14 within 1 year after the date of sale, the proceeds shall be
15 deemed abandoned, and the marina shall have no further
16 obligation with regard to the payment of the balance. In the
17 event that the marina's lien does not have priority over all
18 other liens, the sale proceeds shall be held for the benefit
19 of the holders of those liens having priority. A notice of the
20 amount of the sale proceeds shall be delivered by the marina
21 to the owner or secured lienholder in person or by certified
22 mail to the owner's or the secured lienholder's last known
23 address. If the owner or the secured lienholder does not claim
24 the sale proceeds within 1 year after the date of sale, the
25 proceeds shall be deemed abandoned, and the owner or the
26 secured lienholder shall have no further obligation with
27 regard to the payment of the proceeds.
28 Section 2. This act shall take effect July 1, 2005.
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Florida Senate - 2005 SB 902
32-771-05
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2 SENATE SUMMARY
3 Revises the method by which a person with a security
interest in or lien on a vessel must have perfected it in
4 order to be entitled to receive notice of a marina's
possessory lien. Revises the types of liens the holders
5 of which have precedence over a purchaser in good faith
of a nonjudicially sold vessel.
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