Florida Statutes
Fla. Stat. § 329.01 (2025)
Recording instruments affecting civil aircraft.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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329.01 Recording instruments affecting civil aircraft.—No instrument which affects the title to or interest in any civil aircraft of the United States, or any portion thereof, is valid in respect to such aircraft, or portion thereof, against any person, other than the person by whom the instrument is made or given, the person’s heirs or devisee, and any person having actual notice thereof, until such instrument is recorded in the office of the Federal Aviation Administrator of the United States, or such other office as is designated by the laws of the United States as the one in which such instruments should be filed. Every such instrument so recorded in such office is valid as to all persons without further recordation in any office of this state. Any instrument required to be recorded by the provisions of this section takes effect from the date of its recordation and not from the date of its execution.
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1962–2023 · leading case: Air Florida Sys., Inc. v. United States (In Re Air Florida Sys., Inc.), 50 B.R. 653 (Bankr. S.D. Florida 1985).
Air Florida Sys., Inc. v. United States (In Re Air Florida Sys., Inc.), 50 B.R. 653 (Bankr. S.D. Florida 1985). “However, the apparent conflict is cured under Florida law by Florida Statutes § 329.01. The Internal Revenue Code directs that federal tax liens be recorded in accordance with the filing requirements of state laws.”
Tradewinds Airlines, Inc. v. AAR Aircraft Servs.-Miami, Inc. (In Re Tradewinds Airlines, Inc.), 394 B.R. 614 (Bankr. S.D. Florida 2008). “01 because Defendant failed to timely file the FAA Claim of Lien prior to the petition date pursuant to Fla. Stat § 329.01 and 49 U.S.C. §§ 44107 and 44108, in order to have a properly perfected lien in Aircraft 504 that is valid and enforceable against both the Debtor and third…”
Byrom v. Gallagher, 609 So. 2d 24 (Fla. 1992). “Further, the district court applied section 329.01, Florida Statutes (1987), which states in pertinent part that "no instrument which affects the title or interest in any civil aircraft of the United States, or any portion thereof, is valid .”
S. Air Transp., Inc. v. Northwings Accessories Corp. (In Re S. Air Transp., Inc.), 255 B.R. 715 (Bankr. S.D. Ohio 2000). “61, Northwings was required to file notice of its artisans’ lien with the FAA pursuant to Fla.Stat. § 329.01, which states as follows: No instrument which affects the title to or interest in any civil aircraft of the *719 United States, or any portion thereof, is valid in…”
United States v. Air Florida, Inc., 56 B.R. 732 (S.D. Fla. 1985). “It provides that filing should be made “in the Office of the Clerk of the United States District Court for the judicial district in which the property subject to the lien is situated, whenever the State has not by law designated one office which meets the requirements of…”
Lámar v. Wheels Unlimited, Inc., 513 So. 2d 135 (Fla. 1987). “[1] In Lockheed the court held that one claiming to be a bona fide purchaser for value could not contest the forfeiture of an airplane because his instrument of title was not recorded in the office of the Federal Aviation Administrator as required by section 329.01, Florida…”
O'NEILL v. Barnett Bank of Jacksonville, NA, 360 So. 2d 150 (Fla. 1st DCA 1978). “O'Neill claims that this Section is repealed by Section 680.103, Florida Statutes (1975), because it is inconsistent with the Code.”
Byrom v. Gallagher, 578 So. 2d 715 (Fla. 5th DCA 1991). “Section 329.01, Florida Statutes (1987), provides: No instrument which affects the title to or interest in any civil aircraft of the United States .”
In Re Forfeiture of One 1946 Lockheed, 493 So. 2d 10 (Fla. 2d DCA 1986). “§ 329.01, Fla. Stat. (1985). Since the bill of sale had not been recorded in the office of the Federal Aviation Administrator of the United States and record title was still in the original owner, appellant is not the owner of the aircraft within the meaning of the forfeiture…”
Sun Bank, N. A. v. Snell (In Re Cone), 11 B.R. 925 (Bankr. M.D. Fla. 1981). “Section 329.01 Florida Statutes, recognizes this federal preemption of recordation of interests in aircrafts and the rights derived therefrom.”
James Talcott, Inc. v. Bank of Miami Beach, 143 So. 2d 657 (Fla. 3d DCA 1962). “§ 1403 ), with Florida legislative sanction (§ 329.01, Fla. Stat., F.S.A.), establishes a system for recordation of instruments relating to aircraft, and provides that until recorded, such instruments will not be valid in respect to the aircraft against "any person" other than…”
Carolina Aircraft Corp. v. Com. Trust Co., 289 So. 2d 37 (Fla. 4th DCA 1974). “Section 329.01, F.S.A., establish the exclusive means by which the validity and priority of liens against aircraft shall be determined.”
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