Florida Statutes
Fla. Stat. § 677.209 (2025)
Lien of warehouse.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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
(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.
Note.—s. 7-209, U.C.C.; supersedes ss. 678.27-678.32.
Notes of Decisions
Cited in 5
cases, 1980–2011 · leading case: Farm Credit of Nw. Florida v. Easom Peanut Co., 718 S.E.2d 590 (Ga. Ct. App. 2011).
Farm Credit of Nw. Florida v. Easom Peanut Co., 718 S.E.2d 590 (Ga. Ct. App. 2011). “The Florida statute, Fla. Stat. § 677.209 (1) (2008), was virtually the same: 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…”
Richwagen v. Lilienthal, 386 So. 2d 247 (Fla. 4th DCA 1980). “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 (including demurrage and terminal…”
Jimani Corp. v. SLT Warehouse Co., 409 So. 2d 496 (Fla. 1st DCA 1982). “[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.”
Archive Am., Inc. v. Variety Child.'s Hosp., 873 So. 2d 359 (Fla. 3d DCA 2004). “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…”
Bernier v. Broward Marine, Inc., 504 So. 2d 1379 (Fla. 4th DCA 1987). “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).”
— 677.209(1) — 1 case
Richwagen v. Lilienthal, 386 So. 2d 247 (Fla. 4th DCA 1980). “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 (including demurrage and terminal…”
— 677.209(4) — 1 case
Jimani Corp. v. SLT Warehouse Co., 409 So. 2d 496 (Fla. 1st DCA 1982). “[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.”
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