Florida/Georgia Personal Injury & Workers Compensation

...Byrom appealed to the Fifth District Court of Appeal which upheld the trial court. The Fifth District Court of Appeal found that section 932.704(1), Florida Statutes (1987), allowed Sheriff Gallagher to perfect title in the airplane at the time of its seizure *26 on November 7, 1988. 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 ......

..."[t]his certificate is issued for registration purposes only and is not a certificate of title." However, Florida recognizes the Federal Aviation Administration's registration as validly effecting title without any further recordation in the state. Section 329.01, Florida Statutes (1987) states: — 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,...

...1948). It would thus appear that 14 C.F.R. § 49.17 conflicts with 49 U.S.C. § 1403 to the extent it purports to exempt federal tax liens from central filing requirements. However, the apparent conflict is cured under Florida law by Florida Statutes § 329.01....

...Florida Statutes § 28.222 (relating to the filing of documents in the public records— generally) controlled. However, the only Florida Statute specifically on point and which deals with the place of filing liens against aircraft is Florida Statute § 329.01, which provides: No instrument which affects the title to or interest in any civil aircraft of the United States, or any portion thereof, shall be valid in respect to such aircraft or portion thereof, against any person other than the perso...

...without further recordation in any office of this state. Any instrument, recordation of which is required by the provisions of this section, shall take effect from the date of its recordation and not from the date of its execution. Florida Statutes § 329.01 is consistent with 49 U.S.C. § 1403 in requiring that all liens affecting civil aircraft be recorded in the FAA's central filing system. Provisions of Florida Statutes § 329.01 should have led the IRS back to the FAA Administrator in Oklahoma City for the filing of its lien on AIR FLORIDA's aircraft as required by provisions of 49 U.S.C....

...1981), aircraft are uniquely mobile and the Federal Aviation Act provides a uniform nationwide mechanism for registering ownership and encumbrances of aircraft. See also O'Neill v. Barnett Bank of Jacksonville, N.A., 360 So.2d 150 (1st DCA Fla. 1978). Florida Statutes § 329.01 promotes such meaningful and uniform filing requirements. The IRS's failure to follow the clear and specific language of Florida Statutes § 329.01 rendered its claimed lien upon AIR FLORIDA's aircraft "unperfected." See In re Cone, supra . Further, well-established rules of statutory construction dictate that Florida Statutes § 329.01, which deals with the "specific" subject matter of aircraft liens, controls over Florida Statutes § 28.222, which merely deals with recording tax liens "generally". Adams v. Culver, 111 So.2d 665 (Fla.1959); 49 Fla.Jur.2d Statutes § 182. Florida Statutes §§ 329.01 and 28.222 create no less than two different places where the IRS could have filed its liens....

...ourt, ". . . whenever the State has not by law designated one office which meets the requirements of subparagraph (A). . . ." *658 Subparagraph (A) requires liens be filed under state law. The IRS acknowledged its unfamiliarity with Florida Statutes § 329.01. However, the IRS conceded that if such an aircraft filing requirement, i.e., Section 329.01, does exist, then it creates a "multi" office filing procedure violative of the "one" office rules of 26 U.S.C. § 6323(f)(1)(B). Hence, if both Florida Statutes §§ 329.01 and 28.222 identify appropriate places for the filing of the IRS's liens under Florida law, then the United States District Court for the Southern District of Florida would be the only proper place for the IRS to have filed its notices of lien because of the application of 26 U.S.C....

...[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 Statutes (1985)....

...e Federal Aviation Act preempts Section 9-307(1) and renders a properly registered security interest enforceable against a buyer in ordinary course who subsequently purchases an aircraft. We adopt the logic and reasoning of the court in Dowell. *153 Section 329.01, Florida Statutes (1975), recognizes the total federal preemption of recordation of interests in aircraft and the rights derived therefrom....

...uch State, in which the property subject to the lien is situated. There are two arguable sources of Florida law. Florida Statutes § 28.222 provides that notices of federal tax liens may be filed with the Clerk of the Circuit Court. Florida Statutes § 329.01, however, mandates that all instruments affecting title to an interest in any civil aircraft of the United States be recorded in the Office of the Federal Aviation Administrator, "or such other office as is designated by the laws of the Uni...

...r in Oklahoma City, Oklahoma. See, Philko Aviation, Inc. v. Shacket, 462 U.S. 406, 103 S.Ct. 2476, 76 L.Ed.2d 678 (1983). However, if we assume there is merit to the Appellant's perception of a real conflict between Fla.Stat. § 28.222 and Fla.Stat. § 329.01, then we may turn to 26 U.S.C....

...Jack Adams Aircraft Sales, Inc., 570 F.2d 1220 (5th Cir. 1978). The provisions of the Federal Aviation Act also preempt state laws insofar as they relate to the priority of liens. In re Holiday Airlines Corp. ( Danning v. Pacific Propellor, Inc.), 620 F.2d 731 (9th Cir. 1980). Section 329.01 Florida Statutes, recognizes this federal preemption of recordation of interests in aircrafts and the rights derived therefrom. O'Neill v. Barnett Bank of Jacksonville, N.A., 360 So.2d 150 (Fla. 1st DCA 1978). Section 329.01 further provides that: Any instrument, recordation of which is required by the provisions of this section, shall take effect from the date of its recordation and not from the date of its execution....

...Section 713.58, F.S.A., the priority of the Mechanic's Lien is clear. Gables-Lincoln Mercury, Inc. v. First Bank and Trust Company of Boca Raton, Fla.App. 1969, 219 So.2d 90 so held on substantially identical facts. Appellee contends that 49 U.S.C.A., Section 1403 and F.S. Section 329.01, F.S.A., establish the exclusive means by which the validity and priority of liens against aircraft shall be determined....

...We do not agree that appellant is the record title holder of the aircraft. Florida Statutes provide that no instrument which affects the title to an aircraft is valid until such instrument is recorded in the office of the Federal Aviation Administrator. § 329.01, Fla....

...f $250,000 against Aircraft 504, for labor, material or services allegedly performed on Aircraft 504 [D.E. 1, Ex. 4]. Debtor has argued that Defendant's assertion of a perfected lien in Aircraft 504 is contrary to Fla. Stat. §§ 713.58, 329.51, and 329.01 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....

...504. Defendant has argued that it has perfected liens in Aircraft 504 for work performed on Aircraft 504 and for work performed on other aircraft of Debtor in compliance with applicable Florida Statutes, including Fla. Stat. §§ 713.58, 329.51, and 329.01, and as permitted under 11 U.S.C....

...inst the owner of the aircraft. Second, a notice of lien must be recorded in the office of the Federal Aviation Administrator of the United States, before a statutory lien claimed becomes valid against any third party. See Fla. Stat. §§ 329.51 and 329.01; 49 U.S.C....

..., services, fuel, or material; the amount for which the lien is claimed; and the date the expenditure was completed. This section does not affect the priority of competing interests in any aircraft or the lienor's obligation to record the lien under s. 329.01. Fla. Stat. § 329.01 provides: 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 t...

...recordation in any office of this state. Any instrument required to be recorded by the *620 provisions of this section takes effect from the date of its recordation and not from the date of its execution. It is clear from the language of Fla. Stat §§ 329.01 and 329.51 that perfection of a mechanic's lien under Florida law requires the two-step filing process suggested by Debtor....

...the priority of the lien against competing lien interests. In fact, the ultimate sentence of Fla. Stat. § 329.51 states that it does "not affect the priority of competing interests in any aircraft or the lienor's obligation to record the lien under section 329.01." Fla. Stat. § 329.01 [Emphasis added]....

...§ 329.51 creates an enforceable interest in an aircraft for services or labor performed against the owner of an aircraft, in order for a claim of lien to be valid as against third parties, notice must be given by filing the claim of lien with the FAA, pursuant to both 49 U.S.C. § 44108 and Fla. Stat. § 329.01....

...aircraft pursuant to Fla. Stat. § 713.58 to file a notice of lien with the clerk of the circuit court in the county in which the aircraft received labor or services, and does not alter the separate obligation of the lienor "to record the lien under section 329.01", which requires filing the claim of lien with the FAA....

...against an aircraft under Florida law. The Court notes that Defendant attempted to file its FAA Claim of Lien, but the lien was not recorded until July 29, 2008, four days after the petition date, despite being executed on July 23, 2008. Fla. Stat. § 329.01, by its very terms, does not provide for retroactive filing of any instrument affecting title to an aircraft, as the statute provides, "Any instrument required to be recorded by the provisions of this section takes effect from the date of i...

...As such, Defendant's FAA Claim of Lien (based either upon its contractual lien theory or statutory lien theory) is avoidable by Debtor pursuant to Bankruptcy Code § 544, and consequently the FAA Claim of Lien is not valid against Debtor or any other person. See Fla. Stat. § 329.01; 49 U.S.C....

...rior to the petition date and that the FAA Claim of Lien is avoidable pursuant to Bankruptcy Code §§ 544 and 545 and is invalid against Debtor and its bankruptcy estate. Further, the Court finds, as a matter of law, that Fla. Stat. §§ 329.51 and 329.01 prohibit possessory interests created by statute or contract from taking priority over the interest of Debtor as a debtor in possession, as well as the validly perfected interests of third parties, without notice, unless a notice of lien is timely filed and recorded with the FAA....

125 (E.D.Mo. 1985); 49 U.S.C. § 1403(c) (1982); § 329.01, Fla.Stat. (1983).

...Although notified of the hearing, neither Capuzzo nor Worldwide Air Service, Inc., appeared at the forfeiture hearing to address the question of the use of the Seneca in the commission of a crime. We do not address that question since we agree with the trial court that Byrom had no standing to contest the forfeiture. Section 329.01, Florida Statutes (1987), provides: No instrument which affects the title to or interest in any civil aircraft of the United States ......

...Wheels Unlimited, Inc., 513 So.2d 135 (Fla. 1987); see also Lauderdale Investments, Inc. v. Miller, 456 So.2d 539 (Fla. 5th DCA 1984). Byrom's failure to record his bill of sale prior to November 7, 1988, defeats his right to contest the validity of the forfeiture since section 329.01, Florida Statutes, prescribes that Byrom's bill of sale was effective from the date of its recordation, not from the date of its execution or the unknown date of mailing....

412, 103 S.Ct. 2476. Moreover, Florida Statute § 329.01 adopts the language, nearly verbatim, from § 44108

office of the Federal Aviation Administrator. § 329.01, Fla.Stat. (1985). Since the bill of sale had

Statutes, as to record title to an aircraft under § 329.01, F.S. (1985).

States Code (the “Bankruptcy Code”), 11 U.S.C. § 329,1 which places an affirmative duty on a debt- or’s