HB 0201CS

CHAMBER ACTION




1The State Infrastructure Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to nonjudicial sale of vessels; amending
7s. 328.17, F.S.; revising notice requirements of a marina
8having a possessory lien on a vessel for unpaid costs,
9charges, or fees prior to nonjudicial sale of the vessel,
10including expenses for the removal and disposal of certain
11vessels in a wrecked, junked, or substantially dismantled
12condition; reducing the time allowed to pay the fees,
13charges, and costs giving rise to the lien prior to sale
14of the vessel; providing for suspending application for a
15certain time after a named storm; revising requirements
16with respect to perfection of and priority over prior or
17other liens; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsections (4), (5), (7), (10), (11), and (12)
22of section 328.17, Florida Statutes, are amended to read:
23     328.17  Nonjudicial sale of vessels.--
24     (4)  A marina, as defined in s. 327.02(19), shall have:
25     (a)  A possessory lien upon any vessel for storage fees,
26dockage fees, repairs, improvements, or other work-related
27storage charges, and for expenses necessary for preservation of
28the vessel or expenses reasonably incurred in the sale or other
29disposition of the vessel. The possessory lien shall attach as
30of the date the vessel is brought to the marina, or as of the
31date the vessel first occupies rental space at the marina
32facility. However, in the event of default, the marina must give
33notice to persons who hold perfected security interests against
34the vessel under the Uniform Commercial Code in which the owner
35is named as the debtor.
36     (b)  A possessory lien upon any vessel in a wrecked,
37junked, or substantially dismantled condition, which has been
38left abandoned at a marina, for expenses reasonably incurred in
39the removal and disposal of the vessel. The possessory lien
40shall attach as of the date the vessel arrives at the marina or
41as of the date the vessel first occupies rental space at the
42marina facility. If the funds recovered from the sale of the
43vessel, or from the scrap or salvage value of the vessel, are
44insufficient to cover the expenses reasonably incurred by the
45marina in removing and disposing of the vessel, all costs in
46excess of recovery shall be recoverable against the owner of the
47vessel. For a vessel damaged as a result of a named storm, the
48provisions of this paragraph shall be suspended for 60 days
49following the date the vessel is damaged in the named storm. The
50operation of the provisions specified in this paragraph run
51concurrently with, and do not extend, the 60-day notice periods
52provided in subsections (5) and (7).
53     (5)  A marina's possessory lien may be satisfied as
54follows:
55     (a)1.  The marina shall provide written notice to the
56vessel's owner, delivered in person or by certified mail to the
57owner's last known address. The notice shall also be and
58conspicuously posted at the marina and on the vessel.
59     2.  In addition to notice provided to the vessel owner
60under subparagraph 1., the marina shall provide written notice
61to each person or entity that:
62     a.  Holds a security interest on the vessel as shown in the
63records of the Department of Highway Safety and Motor Vehicles
64with respect to state-titled vessels.
65     b.  Holds a preferred ship mortgage or has filed a claim of
66lien with the United States Coast Guard Vessel Documentation
67Center.
68     c.  Holds a security interest against the vessel under the
69Uniform Commercial Code.
70     d.  Has perfected a lien against the subject vessel by
71filing a judgment lien certificate pursuant to ss. 55.201-
7255.209.
73     3.  When a vessel displays a foreign country identification
74or displays registration numbers from a state other than
75Florida, the marina shall conduct a reasonable lien search of
76the vessel registration records in the jurisdiction of registry
77to determine if there is a lienholder who is entitled to notice
78pursuant to subparagraph 2. Failure to discover a foreign
79national or non-Florida United States lienholder after a good
80faith effort to conduct such a lien search shall not prevent the
81sale or removal of a vessel from the marina to satisfy the
82marina's possessory lien or a purchaser, in good faith, from
83taking title of the vessel, pursuant to subsections (7) and
84(11).
85     4.  The requirements of subparagraph 2. shall be satisfied
86if the marina:
87     a.  Obtains ownership documentation for the vessel and
88trailer, if applicable, from the Department of Highway Safety
89and Motor Vehicles or other agency with which the vessel is
90registered;
91     b.  Obtains an abstract from the United States Coast Guard
92for a vessel that is documented as defined in 46 U.S.C. s.
9330101;
94     c.  Performs a current Uniform Commercial Code lien search;
95     d.  Performs a current Florida judgment lien certificate
96search; and
97     e.  Complies with subparagraph 3. with regard to vessels
98registered in a foreign country or in a state other than
99Florida.
100     5.  The written notice to the vessel owner and lienholders
101required by this paragraph shall be made at least 60 days prior
102to any sale of the vessel under this section recorded lienholder
103of such vessel registered with this state as shown by the
104records of the Department of Highway Safety and Motor Vehicles,
105at least 30 days prior to the proposed sale.
106     (b)  The notice shall include:
107     1.  An itemized statement of the marina's claim, showing
108the sum due at the time of the notice and the date upon which
109the sum became due.
110     2.  A description of the vessel.
111     3.  A demand for payment.
112     4.  A conspicuous statement that, unless the claim is paid
113within the time stated in the notice, the vessel will be
114advertised for sale or other disposition and will be sold or
115otherwise disposed of at a specified time and place.
116     5.  The name, street address, and telephone number of the
117marina that the owner may contact to respond to the notice.
118     (7)  If the fees, and costs, and late payment interest that
119give rise to such a lien are due and unpaid 60 120 days after
120the vessel owner and lienholder are is given written notice, the
121marina may sell the vessel, including its machinery, rigging,
122and accessories as provided for in subsection (8); or the marina
123may, at its option, remove the vessel from the marina or from
124the waters of the state at the owner's expense pursuant to
125paragraph (4)(b).
126     (10)  Before any sale or other disposition of the vessel
127pursuant to this section, the owner or the lienholder may pay
128the amount necessary to satisfy the lien and the reasonable
129expenses and late payment interest incurred under this section
130and thereby redeem and take possession of the vessel. Upon
131receipt of such payment, the marina shall return the property to
132the owner or lienholder making such payment and thereafter shall
133have no liability to any person with respect to such vessel.
134     (11)  Unless otherwise provided by law, a purchaser in good
135faith of a vessel sold to satisfy a lien provided for in this
136section takes the property free of any claims other than a prior
137lien perfected under state or federal law the Uniform Commercial
138Code, despite noncompliance by the marina with the requirements
139of this section.
140     (12)  In the event of a sale under this section, the marina
141may satisfy its lien from the proceeds of the sale, provided the
142marina's lien has priority over all other liens on the vessel
143other than a prior lien perfected under the Uniform Commercial
144Code. The lien rights of secured lienholders are automatically
145also attach transferred to the remaining proceeds of the sale.
146The balance, if any, shall be held by the marina for delivery on
147demand to the owner. A notice of any balance shall be delivered
148by the marina to the owner in person or by certified mail to the
149last known address of the owner. If the owner does not claim the
150balance of the proceeds within 1 year after the date of sale,
151the proceeds shall be deemed abandoned, and the marina shall
152have no further obligation with regard to the payment of the
153balance. In the event that the marina's lien does not have
154priority over all other liens, the sale proceeds shall be held
155for the benefit of the holders of those liens having priority. A
156notice of the amount of the sale proceeds shall be delivered by
157the marina to the owner or secured lienholder in person or by
158certified mail to the owner's or the secured lienholder's last
159known address. If the owner or the secured lienholder does not
160claim the sale proceeds within 1 year after the date of sale,
161the proceeds shall be deemed abandoned, and the owner or the
162secured lienholder shall have no further obligation with regard
163to the payment of the proceeds.
164     Section 2.  This act shall take effect July 1, 2006.


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