Florida Statutes
Fla. Stat. § 329.40 (2025)
Airport facilities; lien for landing and other fees.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 329.40
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§329.40FRAUDREMOVE OR ATTEMPT TO REMOVE AIRCRAFT UND LIEN
Notes of Decisions
Cited in 1
case, 1986–1986 · leading case: In re S. Express Airways, Inc., 59 B.R. 636 (Bankr. S.D. Florida 1986).
In re S. Express Airways, Inc., 59 B.R. 636 (Bankr. S.D. Florida 1986). “Prior to the filing of its petition, the Debtor had failed to make payments to Lee County as required by the Airport Use Agreement, and Lee County, relying upon § 329.40, Florida Statutes, seized a Piper Chieftain aircraft with registration number N35892.”
— 329.40(1) — 1 case
In re S. Express Airways, Inc., 59 B.R. 636 (Bankr. S.D. Florida 1986). “Prior to the filing of its petition, the Debtor had failed to make payments to Lee County as required by the Airport Use Agreement, and Lee County, relying upon § 329.40, Florida Statutes, seized a Piper Chieftain aircraft with registration number N35892.”
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