The 2023 Florida Statutes (including Special Session C)

Title XXV
AVIATION

Chapter 329
AIRCRAFT: TITLE; REGISTRATION; LIENS

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F.S. 329.40

329.40 Airport facilities; lien for landing and other fees.—

(1) The governing body of a publicly owned and operated airport has a lien upon all aircraft landing upon any airport owned and operated by it for all fees and charges for the use of the facilities of such airport by any aircraft when payment of such charges and fees is not made immediately upon demand to the operator or owner of the aircraft by an authorized employee of the airport. The lien for the full amount of the charges and fees due attaches to any aircraft, at the airport, which is owned or operated by the person owing such charges and fees. Such lien may be enforced as provided by law for the enforcement of warehousemen’s liens.

(2) A person may not remove or attempt to remove from the airport any aircraft owned or operated by the person owing such charges or fees after service of notice of the lien upon the owner or operator or after the posting of such notice upon the aircraft. Any person who unlawfully removes or attempts to remove from the airport any aircraft owned or operated by a person owing such charges or fees after service or posting of the notice of lien and before payment of the amount due to the airport is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 1, ch. 83-272; s. 1, ch. 87-324.

F.S. 329.40 on Google Scholar

F.S. 329.40 on Casetext

Amendments to 329.40

Arrestable Offenses / Crimes under Fla. Stat. 329.40

Level: Degree
Misdemeanor/Felony: First/Second/Third

S329.40 - FRAUD - REMOVE OR ATTEMPT TO REMOVE AIRCRAFT UND LIEN - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. SCHUMACHER, v. AK STEEL CORP. RET. ACC. PENSION PLAN,, 995 F. Supp. 2d 835 (S.D. Ohio 2014)

. . . vice admission fees for himself and for Allen Engerman, PACER charges ($43.38), and copy charges ($329.40 . . . Engerman’s is $329.40, but the petition does not explain how many copies this reflects nor the per-page . . .

In SOUTHERN EXPRESS AIRWAYS, INC., 59 B.R. 636 (Bankr. S.D. Fla. 1986)

. . . make payments to Lee County as required by the Airport Use Agreement, and Lee County, relying upon § 329.40 . . . The issue presented here for decision is to what extent § 329.40, Florida Statutes, provides a lien on . . . Section 329.40 reads as follows: 329.40 Airport facilities; lien for landing and other fees.— (1) The . . . In accordance with this interpretation of § 329.40, Florida Statutes, it is ORDERED that the motion of . . . If the Legislature does revise § 329.40(1), it should also consider revising subsection (2). . . .

HOSFORD v. GERMANIA FIRE INSURANCE COMPANY, 127 U.S. 399 (U.S. 1888)

. . . of the policy, which were delinquent and unpaid, and still remain unpaid,- amounting to the sum of $329.40 . . . Whether the fact that delinquent taxes on the mill, to the amount of $329.40, were due and unpaid at . . .