Florida/Georgia Personal Injury & Workers Compensation

...However, section 329.51 does not create any new lien rights. Instead, it is manifestly a notice statute, as is apparent by its title (“Liens for labor, services, fuel, or material expended upon aircraft; notice”), and it specifically states that it applies to “[a]ny lien claimed on an aircraft under s. 329.41 or s. 713.58 ....” § 329.51, Fla. Stat. (2009) (emphasis added). Section 329.41 creates a lien right for fuel furnished to aircraft; section 713.58 creates a lien right for labor or services performed on aircraft and other personal property. Section 329.51 details how, once a fuel or service provider acquires a lien on an aircraft pursuant to section 329.41 or 713.58, he may perfect his lien and establish priority of enforcement as it relates to third parties. Thus, section 329.51 has no application here because Commercial Jet never acquired a valid lien under sections 713.58 or 329.41....

...provided aviation fuel in 2017, appeal the trial court’s final summary judgment validating statutory fuel liens 1 that appellee placed on the two aircraft. We affirm the trial court’s detailed and well-reasoned summary judgment order determining that a statutory fuel lien under section 329.41 of the Florida Statutes (2017) is not a “possessory” lien, 2 and that the legislature’s 2019 amendment to section 329.41 – expressly stating that a lienor is not required to possess the aircraft in order to perfect a fuel lien – merely clarified existing law and did not substantively change the statute. See Dade Cnty....

...3d DCA 1986) (“The amendment of a statute does not necessarily indicate that the legislature intended to change the law. Statutory changes may be designed to clarify what was ‘doubtful and to safeguard against misapprehension as 1 Appellee recorded the liens pursuant to section 329.41 of the Florida Statutes. Prior to its amendment in 2019, section 329.41 read as follows: “A person who has furnished fuel to an aircraft has a lien upon the aircraft for any unpaid fuel charges. The lien is enforceable in the same manner as provided in s. 329.51.” § 329.41, Fla....