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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: General

Prior to 1978 in Florida, marinas had no liens on boats under Florida law, although they did have a maritime lien under general maritime law. In 1978 the Florida Legislature gave marina owners a possessory lien on boats at the marina in a statute which now is identified as Section 328.17 of Florida Statutes.

However, once a vessel leaves a marina, it loses its possessory lien. Florida lien law is then preempted by federal maritime law. See Bernier v. Broward Marine, Inc., 504 So. 2d 1379, 1381 (Fla. 4th DCA 1987). Then it is just like any other lien holder. To enforce its lien, it needs to arrest the boat in federal court and assert its lien there.

Federal maritime liens are established by Statute. The first Federal Maritime Lien Act was enacted in 1910. It was substantially changed in 1988 and recodified at 46 U.S.C. §§ 31341-31343.

The Federal Maritime Lien Act defines a marina as a "supplier of necessaries" under 46 USC Section 31342 which says:

A person providing necessaries to a vessel on the order of the owner or a person
authorized by the owner--
(1) has a maritime lien on the vessel;
(2) may bring a civil action in rem to enforce the lien; and
(3) is not required to allege or prove in the action that credit
was given to the vessel.