Florida Statute 677.209 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 677
UNIFORM COMMERCIAL CODE: DOCUMENTS OF TITLE

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677.209 Lien of warehouse.—

(1) A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on whose account the goods are held is liable for similar charges or expenses in relation to other goods whenever deposited and it is stated in the warehouse receipt or storage agreement that a lien is claimed for charges and expenses in relation to other goods, the warehouse also has a lien against the goods covered by the warehouse receipt or storage agreement or on the proceeds thereof in its possession for those charges and expenses, whether or not the other goods have been delivered by the warehouse. However, as against a person to which a negotiable warehouse receipt is duly negotiated, a warehouse’s lien is limited to charges in an amount or at a rate specified in the warehouse receipt or, if no charges are so specified, to a reasonable charge for storage of the specific goods covered by the receipt subsequent to the date of the receipt.

(2) A warehouse may also reserve a security interest against the bailor for the maximum amount specified on the receipt for charges other than those specified in subsection (1), such as for money advanced and interest. The security interest is governed by chapter 679.

(3) A warehouse’s lien for charges and expenses under subsection (1) or a security interest under subsection (2) is also effective against any person that so entrusted the bailor with possession of the goods that a pledge of them by the bailor to a good faith purchaser for value would have been valid. However, the lien or security interest is not effective against a person that before issuance of a document of title had a legal interest or a perfected security interest in the goods and that did not:

(a) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor’s nominee with:

1. Actual or apparent authority to ship, store, or sell;

2. Power to obtain delivery under s. 677.403; or

3. Power of disposition under s. 672.403, s. 680.304(2), s. 680.305(2), s. 679.320, or s. 679.321(3) or other statute or rule of law; or

(b) Acquiesce in the procurement by the bailor or its nominee of any document.

(4) A warehouse’s lien on household goods for charges and expenses in relation to the goods under subsection (1) is also effective against all persons if the depositor was the legal possessor of the goods at the time of deposit. In this subsection, the term “household goods” means furniture, furnishings, or personal effects used by the depositor in a dwelling.

(5) A warehouse loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver.

History.—s. 1, ch. 65-254; s. 625, ch. 97-102; s. 31, ch. 2010-131.

Note.—s. 7-209, U.C.C.; supersedes ss. 678.27-678.32.

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Amendments to 677.209

Annotations, Discussions, Cases:

Cases Citing Statute 677.209

Total Results: 4 | Sort by: Relevance | Newest First

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Jimani Corp. v. SLT Warehouse Co., 409 So. 2d 496 (Fla. 1st DCA 1982).

Cited 5 times | Published | Florida 1st District Court of Appeal | 34 U.C.C. Rep. Serv. (West) 175

...[9] Jimani had access to all areas of the warehouse until September, 1978, when SLT changed the locks and denied Jimani all access to the warehouse and its contents, including the modules and materials not covered by the warehouse receipt. [10] Florida Statutes, Section 677.209. [11] Florida Statutes, Section 677.209(4), provides, in pertinent part: "A warehouseman loses his lien on any goods ......

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Richwagen v. Lilienthal, 386 So. 2d 247 (Fla. 4th DCA 1980).

Cited 4 times | Published | Florida 4th District Court of Appeal | 29 U.C.C. Rep. Serv. (West) 964

...a receipt issued by a person engaged in the business of storing goods for hire. Such document need not be in any particular form. Section 677.202(1), Florida Statutes (1975). Its significance lies in the principle that a warehouseman's lien is expressly dependent upon such document. Section 677.209(1), Florida Statutes (1975), provides in part: A warehouseman has a lien against the bailor on the goods covered by a warehouse receipt or on the proceeds thereof in his possession for charges for storage *250 or transportation (inclu...

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Archive Am., Inc. v. Variety Child.'s Hosp., 873 So. 2d 359 (Fla. 3d DCA 2004).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2004 WL 575717

...ch of contract and for the warehousing charges involved. In these proceedings, both sides challenge a non-final order in which the trial judge dealt with the facts that, on one hand, Archive held a possessory warehouseman's lien on the records under section 677.209, Florida Statutes (2003), [1] and, *361 on the other, that the hospital needed access to them in the course of its business of treating patients....

...ted to coerce a settlement of its underlying claim simply by a unilateral determination as to its amount which would make it financially impossible for the hospital otherwise to have access to its property. [5] Affirmed; certiorari denied. NOTES [1] 677.209 Lien of warehouseman. (1) A warehouseman has a lien against the bailor on the goods covered by a warehouse receipt or on the proceeds thereof in his or her possession for charges for storage or transportation (including demurrage and termin...

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Bernier v. Broward Marine, Inc., 504 So. 2d 1379 (Fla. 4th DCA 1987).

Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 967, 1987 Fla. App. LEXIS 7634

...In the instant ease, the composite statement exhibited by defendant reflects solely unpaid storage fees. We do not see how a statute that states how a lien for labor or services on personal property may be enforced without formal judicial action can apply as to storage charges. It is possible that section 677.209, which provides for warehouseman’s liens, is applicable in this case, if a warehouse receipt was issued (see Richwagen)....

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