florida law maritime lien

Florida Law: Understanding Maritime Liens

Introduction

Greetings, readers! Imagine yourself on a breathtaking voyage through the turquoise waters of Florida, sailing under the sunshine and reveling in the maritime wonders that surround you. Little do you know that there’s an intricate legal tapestry woven beneath the waves, a tapestry that governs the rights and obligations of those who navigate these waters. Today, we embark on a journey to unravel the complexities of Florida’s maritime lien laws, a fascinating aspect of admiralty law that safeguards the interests of individuals involved in maritime activities.

In the realm of maritime commerce, a maritime lien is a legal claim or charge against a vessel that secures the payment of a debt or obligation. This lien attaches to the vessel itself, giving the lienholder the right to have the vessel seized and sold to satisfy the outstanding debt. Understanding maritime liens is crucial for all parties engaged in maritime endeavors, including boat owners, creditors, and maritime professionals.

Types of Maritime Liens

Statutory Liens

Florida law recognizes a variety of maritime liens, each with its specific characteristics and requirements. Statutory liens are created by statute and arise automatically upon the occurrence of certain events. The most common statutory liens include:

• Salvage Liens: Awarded to individuals who have rescued a vessel or its cargo from danger or distress.
• Towage Liens: Granted to parties that have towed a vessel to safety or a designated destination.
• Wharfinger Liens: Available to owners of docks or marinas for unpaid dockage fees or storage charges.
• Repair Liens: Given to shipyards and repair facilities for work performed on a vessel.

Contractual Liens

In addition to statutory liens, parties can also create contractual liens through written agreements. These liens are not automatically imposed but must be expressly agreed upon by the parties involved. Contractual liens can secure a wide range of obligations, such as payment for goods or services provided to the vessel.

Priorities of Maritime Liens

When multiple maritime liens attach to a vessel, the law establishes a hierarchy of priorities to determine which lienholders have precedence in receiving payment. The following general rules apply:

• Salvage Liens: Have the highest priority, followed by towage liens.
• Wharfinger Liens: Rank next, followed by repair liens.
• Contractual Liens: Have the lowest priority.

However, there are exceptions and nuances to these general rules, so it is essential to consult with a maritime attorney to determine the specific priorities of liens in a given situation.

Enforcement of Maritime Liens

To enforce a maritime lien, the lienholder must file a lawsuit in federal court. The court may then issue an order to seize and sell the vessel to satisfy the outstanding debt. The sale proceeds are distributed to the lienholders in order of priority.

Table: Common Types of Maritime Liens in Florida

Conclusion

Readers, our journey through the intricacies of Florida’s maritime lien laws has come to an end. We’ve explored the different types of liens, their priorities, and the process of enforcement. Maritime liens play a vital role in maritime commerce, ensuring that those who contribute to the operation and maintenance of vessels are duly compensated.

We invite you to continue exploring our website for more informative articles on maritime law and related topics. Stay tuned for our upcoming discussion on admiralty jurisdiction, where we’ll delve into the fascinating world of maritime courts and how they resolve disputes on the high seas.

FAQ about Florida Law Maritime Lien

What is a maritime lien?

Answer: A maritime lien is a claim against certain property (usually a vessel) that has been placed on the property to secure payment of, or liability for, a debt or claim arising from the maritime activities of the vessel.

What is the difference between a possessory and a non-possessory maritime lien?

Answer: A possessory lien arises when the creditor takes possession of the vessel. A non-possessory lien is created by operation of law and does not require the creditor to take possession of the vessel.

Who can file a maritime lien?

Answer: Maritime liens can be filed by various parties, including, but not limited to, ship repairers, suppliers, contractors, salvors, and lenders.

When does a maritime lien arise?

Answer: Under Florida law, a maritime lien arises when services or materials are provided to a vessel within the state, or when the vessel injures or damages another vessel or property within the state.

How long does a maritime lien last?

Answer: A non-possessory maritime lien generally expires after one year from the time the lien arose. A possessory maritime lien remains in effect until the debt or claim is satisfied or the vessel is released from the lien.

How do I perfect a maritime lien?

Answer: To perfect a non-possessory maritime lien, a notice of lien must be filed in the appropriate county court within 90 days from the date the lien arose.

Can a maritime lien be enforced?

Answer: Yes, a maritime lien can be enforced through a lawsuit. The successful party may be awarded a judgment, which can be satisfied by the sale of the vessel or other assets.

What are the defenses to a maritime lien?

Answer: Defenses to a maritime lien may include, but are not limited to, the lien was not perfected, the lien is not valid, or the debt or claim has been satisfied.

How can I get rid of a maritime lien?

Answer: A maritime lien can be discharged by payment of the debt or claim, by a court order, or by the vessel being sold at a sheriff’s sale.

What are the consequences of failing to pay a maritime lien?

Answer: Failure to pay a maritime lien can result in the vessel being seized and sold to satisfy the lien.