Legal Question in Admiralty Law in Florida


Under the State statute 328.17 non judicial sale can this be claimed by a marina if the vessel is not State registered and flies a foreign flag??

note... Boat is not state registered in florida and flies a foreign flag...

Asked on 9/03/09, 11:49 am

1 Answer from Attorneys

Robert Gardana Robert L. Gardana, PA

A Marina is under an obligation to perform a lien search and provide the lienor with notice.

The pertinent statute provides as follows:

3. When a vessel displays a foreign country identification or displays registration numbers from a state other than Florida, the marina shall conduct a reasonable lien search of the vessel registration records in the jurisdiction of registry to determine if there is a lienholder who is entitled to notice pursuant to subparagraph 2. Failure to discover a foreign national or non-Florida United States lienholder after a good faith effort to conduct such a lien search shall not prevent the sale or removal of a vessel from the marina to satisfy the marina's possessory lien or a purchaser, in good faith, from taking title of the vessel, pursuant to subsections (7) and (11).

Thank you.


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Answered on 9/03/09, 9:23 pm

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