Florida Statute 677.209 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 677
UNIFORM COMMERCIAL CODE: DOCUMENTS OF TITLE

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F.S. 677.209

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

Arrestable Offenses / Crimes under Fla. Stat. 677.209

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 677.209.

Annotations, Discussions, Cases:

Cases Citing Statute 677.209

Total Results: 5

Archive America, Inc. v. Variety Children's Hosp.

Court: District Court of Appeal of Florida | Date Filed: 2004-03-24

Citation: 873 So. 2d 359, 2004 WL 575717

Snippet: warehouseman's lien on the records under section 677.209, Florida Statutes (2003),[1] and, *361 on the other

Bernier v. Broward Marine, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-04-08

Citation: 504 So. 2d 1379, 12 Fla. L. Weekly 967, 1987 Fla. App. LEXIS 7634

Snippet: to storage charges. It is possible that section 677.209, which provides for warehouseman’s liens, is applicable

Jimani Corp. v. SLT Warehouse Co.

Court: District Court of Appeal of Florida | Date Filed: 1982-01-05

Citation: 409 So. 2d 496, 34 U.C.C. Rep. Serv. (West) 175

Snippet: Florida Statutes, Section 677.209. [11] Florida Statutes, Section 677.209(4), provides, in pertinent

Richwagen v. Lilienthal

Court: District Court of Appeal of Florida | Date Filed: 1980-07-02

Citation: 386 So. 2d 247, 29 U.C.C. Rep. Serv. (West) 964

Snippet: expressly dependent upon such document. Section 677.209(1), Florida Statutes (1975), provides in part:

Hartford Acc. & Indem. Co. v. Sheffield

Court: District Court of Appeal of Florida | Date Filed: 1979-10-02

Citation: 375 So. 2d 598, 1979 Fla. App. LEXIS 15851

Snippet: Farm Mutual Automobile Ins. Co., 47 Mich. App. 677, 209 N.W.2d 815 (1973); Springfield Fire & Marine Ins