CBP Is Not a Trade Creditor A duty bill does not compromise the way an advance does. Find out what your file is actually exposed to. Call Now - Free Consultation

Jacksonville Import and Customs Debt: 8 Rules That Decide Who Gets Paid First

Bottom line: A Jacksonville importer owes the United States before it owes any funder, and eight rules set the order in which the money moves: (1) the sworn entry obligations an importer of record carries under 19 U.S.C. §1484 and §1485, (2) the continuous bond at 19 C.F.R. part 113 and the indemnity agreement standing behind it, (3) the mandatory restoration of lost duties at 19 U.S.C. §1592(d), (4) liquidation and its clocks at §1500, §1504 and §1514, (5) CBP’s lien on the merchandise and the general order sale at §1490, §1491 and §1493, (6) the broker licensing rules at 19 C.F.R. part 111, (7) the duty advance buried inside a freight receivable, and (8) demurrage billing under 46 C.F.R. part 541. Call (888) 559-0156.

Why a Duty Bill Behaves Nothing Like the Rest of Your Balance Sheet

JAXPORT moved 10,230,114 tons of cargo in fiscal 2025, including 1,388,841 container TEUs and 506,237 vehicle units. The companies that handle that freight run on the same thin working capital as every other business that took a merchant cash advance in a slow quarter. What makes an import file different from a restaurant file or a staffing file is the identity of one creditor. That creditor is the United States government, its claim attached to the merchandise on arrival, and its claim was never a commercial debt that somebody chose to extend and might therefore choose to discount.

Under 19 C.F.R. §141.1(b)(1) the liability for duties, both regular and additional, “constitutes a personal debt due from the importer to the United States.” The same sentence says that debt “can be discharged only by payment in full of all duties legally accruing, unless relieved by law or regulation.” Two more clauses in the same paragraph are the ones owners rarely hear until an audit. Payment to a broker covering duties does not relieve the importer if the broker never pays CBP. Delivering a customs bond with an entry is there solely to protect the revenue, and it does not relieve the importer of anything.

So the honest starting point for an importer, a customs broker or a port logistics company in Jacksonville is not what the four advances cost. It is how much of the balance sheet is duty, how much is penalty, and how much is ordinary commercial paper. Those three categories settle at three different prices, in three different forums, on three different clocks. The eight rules below run in that order. They start with what you signed at entry, what the bond does, and what CBP can and cannot take less than, then move to how long an entry stays open, who owns the goods, what financial strain does to a broker license, what a funder actually bought when it bought your receivables, and where a terminal charge is genuinely beatable.

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1. The Entry You Filed Was Made Under Oath

Section 1484(a)(1) of title 19 puts the entry obligation on one of the parties qualifying as importer of record and requires that party to act “using reasonable care.” Two filings follow from that. First you file the documentation CBP needs to decide whether the merchandise may be released, and then you complete the entry with the declared value, the classification and the rate of duty, so that CBP can properly assess duties, collect accurate statistics and determine whether every other applicable requirement of law is met. Section 1484(a)(2)(B) limits who may do the filing to the owner or purchaser, or to a broker holding a valid §1641 license when the owner or purchaser designates one. Section 1485(a) then adds a declaration under oath.

That declaration is what converts a classification argument into an enforcement exposure. Under §1485(a) you swear that the invoice prices are true, that all other statements in the invoice, the accompanying documents and the entry itself are true and correct, and that you will produce at once any letter or document you receive showing that they are not. Section 1592(a)(1) then makes it unlawful to enter merchandise by means of any document, transmitted data, statement or act that is material and false, or by means of any material omission. It reaches negligence as readily as fraud. It applies, in the statute’s own words, “without regard to whether the United States is or may be deprived of all or a portion of any lawful duty, tax, or fee thereby.”

The maximums at §1592(c) scale with culpability, and they scale steeply. A fraudulent violation runs up to the domestic value of the merchandise. Gross negligence runs up to the lesser of domestic value or four times the lost duties, and simple negligence up to the lesser of domestic value or two times the lost duties, with 40 percent and 20 percent of dutiable value substituting where the violation did not affect the assessment. None of that is priced against your ability to pay. CBP issues a pre-penalty notice under §1592(b)(1) stating the estimated loss of lawful duties and the amount of the proposed penalty, takes your response, and then issues a written penalty claim.

The burden allocation is the part most owners have never been told, because §1592(e) sends any collection action to the Court of International Trade for trial de novo on every issue including the amount, and then splits the proof three ways. On fraud the government must establish the violation by clear and convincing evidence. On negligence the government establishes only the act or omission, and you carry the burden of proving it did not result from negligence. The one genuine safety valve is narrow: §1592(a)(2) says clerical errors and mistakes of fact are not violations unless they form part of a pattern of negligent conduct, and adds that a system repeating one initial clerical error does not by itself create that pattern. Preserve the entry software logs and the broker instructions before anyone reconstructs the history from memory.

Where the Burden Sits: On a negligence claim under 19 U.S.C. §1592(e)(4), the United States proves only the act or omission, and the alleged violator carries the burden of proving it did not occur as a result of negligence. On fraud, §1592(e)(2) puts clear and convincing evidence on the government. Which tier CBP alleges therefore decides who has to build the record. (19 U.S.C. §1592)

2. Your Continuous Bond Is a Surety You Already Indemnified

The bond conditions at 19 C.F.R. §113.62(a)(1) begin with four words worth reading slowly: “the obligors (principal and surety, jointly and severally).” Those obligors agree to deposit the duties, taxes and charges due at release within the time prescribed, and to pay, as demanded by CBP, “all additional duties, taxes, and charges subsequently found due, legally fixed, and imposed on any entry secured by this bond.” The amount is not arbitrary either. CBP’s published guidance on setting bond amounts fixes the minimum activity code 1 continuous bond at $50,000 or 10 percent of the total estimated duties, taxes and fees in the previous 12-month period, whichever is greater, written in $10,000 increments up to $100,000 and $100,000 increments above that.

A surety is not an insurer, and the difference decides who ends up holding the loss, because the surety writes the bond against a general indemnity agreement in which the principal promises to reimburse everything the surety pays plus its costs and fees. In the small and mid-size importer market that agreement is commonly signed by the owners individually as well as by the company. So when CBP bills the bond and the surety pays, the surety does not absorb the loss and move on. It enforces the indemnity, against whoever signed it. That is how an owner who never personally guaranteed a lease or a line of credit turns out to be exposed on the single largest number in the file.

CBP can also tighten a bond faster than a bank can call a line, because under 19 C.F.R. §113.13(c) the agency reviews every bond on file periodically, and a principal notified that its bond is inadequate has 15 days to remedy the deficiency. After that, CBP may require cash deposits or single transaction bonds “for any and all of the principal’s transactions until the deficiency is remedied.” Subsection (d) goes further and allows immediate additional security wherever CBP believes accepting a transaction on the existing bond would place the revenue in jeopardy. CBP’s own guidance names antidumping and countervailing duty exposure as a specific trigger for demanding a single transaction bond on top of the continuous one.

The cash-flow trap sits in the default provision, where §113.62(n)(4) sets liquidated damages for failing to deposit estimated duties at two times the unpaid duties, taxes and charges, or $1,000, whichever is greater. It also presumes a default if a check comes back unpaid or an authorized ACH payment is not transmitted to CBP in a timely manner. A missed duty payment that any vendor would treat as a late invoice is therefore a bond default carrying its own penalty, reported into the surety relationship, and sitting in the record the next time the bond gets reviewed. That is the mechanism that turns a temporary revenue gap into an inability to release the next container, which is a much faster problem than owing money.

How CBP Sizes the Bond: $50,000 or 10 percent of the duties, taxes and fees paid in the prior 12 months, whichever is greater, per CBP’s February 2024 public guidance. If your duty spend jumped because of a tariff action, the bond is already understated, and a sufficiency review under 19 C.F.R. §113.13(c) gives you 15 days to cure once CBP notices. (CBP, How CBP Sets Bond Amounts)

3. What CBP Can Compromise, and What It Cannot

This is the question most owners come looking for and almost nobody answers plainly. Section 1592(d) provides that “notwithstanding section 1514 of this title, if the United States has been deprived of lawful duties, taxes, or fees as a result of a violation of subsection (a), the Customs Service shall require that such lawful duties, taxes, and fees be restored, whether or not a monetary penalty is assessed.” The verb is shall. The restoration is independent of any penalty, and the opening clause overrides the finality that §1514 would otherwise give a completed liquidation. No statutory mechanism lets a CBP officer take 40 cents on a duty the way a funder’s recovery desk takes 40 cents on an advance balance.

The mitigation authority that does exist runs to something else. Section 1618 lets the Commissioner remit or mitigate a “fine, penalty, or forfeiture” on a petition showing that the violation was incurred without willful negligence and without intent to defraud the revenue, or showing mitigating circumstances that justify relief. It says nothing about duties, so on a mixed CBP claim the penalty layer is genuinely negotiable and the duty layer is fixed, which means any restructuring model treating the whole CBP figure as one compromisable balance will miss by the size of the duty. That distinction reorders the funding plan, because the immovable claim should be funded first and the movable one worked hardest.

Prior disclosure is where the arithmetic genuinely improves, because under §1592(c)(4) a disclosure made before a formal investigation commences, or without knowledge that one has, means the merchandise is not seized and the penalty is capped. For a negligent or grossly negligent violation the cap is the interest on the lost duties, computed from the date of liquidation at the rate under 26 U.S.C. §6621, provided you tender the unpaid duties at disclosure or within 30 days after CBP calculates them. A fraudulent violation disclosed the same way caps at 100 percent of the lost duties on the same tender condition. The statute puts the burden of proving lack of knowledge of an investigation on the person claiming it, and CBP dates commencement from its own written record, so the value of a disclosure decays every week it sits.

The outer boundary is §1621, which bars any suit or action for a customs penalty or forfeiture, including an action for restoration of lawful duties under §1592(d), unless commenced within five years after the date of the alleged violation, or within five years after the date fraud is discovered where the violation arises out of fraud. That is a long tail on a business that turns inventory in 60 days. None of this is a reason to stop paying anyone or to change how a debit is funded without advice. Revoking an authorization or moving an operating account is a legal act with consequences under your agreements, and the sequencing question here belongs with counsel who does customs work for a living.

Prior Disclosure Arithmetic: Negligence or gross negligence, disclosed before a formal investigation and with the duties tendered at disclosure or within 30 days of CBP’s calculation: the penalty is capped at the 26 U.S.C. §6621 interest on the lost duties, 19 U.S.C. §1592(c)(4)(B). Without the disclosure, the same negligent violation is exposed to two times the lost duties. The duty is owed either way.

4. Liquidation Can Reprice a Container You Already Sold

Everything you paid at entry was an estimate, because §1505(a) asks the importer of record for nothing more than a deposit of estimated duties and fees at entry, or within 12 working days of release. Section 1500 then puts CBP in charge of fixing the final appraisement, the final classification and rate, the final amount of duty, and “any increased or additional duties, taxes, and fees due or any excess of duties, taxes, and fees deposited,” before it liquidates the entry and transmits notice. When the number moves against you, three clocks start at once. Section 1505(b) makes the increased duties due 30 days after the bill issues, §1505(c) runs interest from the date the deposit was originally required through liquidation, and §1505(d) compounds delinquency interest by 30-day periods until the balance clears.

The liquidation clock is generous to CBP and tight on you, and it opens with §1504(a)(1), under which an unextended, unsuspended consumption entry is deemed liquidated one year from the date of entry at the rate and amount the importer asserted. That sounds protective until you read subsection (b). The Secretary may extend liquidation where the information needed for proper appraisement or classification is not available, and an extended entry is only treated as liquidated at the importer’s asserted figures at the expiration of four years. Section 1504(d) adds six months from the removal of a statutory or court-ordered suspension. Once liquidation happens, §1514(c)(3) gives you 180 days to protest, and a decision nobody protested becomes final and conclusive on all persons, including the United States.

Antidumping and countervailing duties turn this into a solvency event rather than an accounting adjustment. An antidumping order requires, under §1673e(a)(3), deposits of estimated duties pending liquidation, and §1675(a)(2)(C) then makes the determination in a periodic administrative review “the basis for the assessment of countervailing or antidumping duties on entries of merchandise covered by the determination” as well as the basis for future deposits. Section 1673f(b)(1) directs that the difference be collected where the deposit came in lower than the duty determined, together with interest under §1677g at the 26 U.S.C. §6621 rate. An importer that deposited at a low rate on goods it sold two years ago can receive a bill computed at a rate it never saw, on inventory it no longer owns.

Evasion allegations extend every one of those clocks, starting with 19 U.S.C. §1517(e), which gives CBP 90 calendar days from initiating an evasion investigation to decide whether there is reasonable suspicion. If there is, the agency shall suspend liquidation of every unliquidated entry of the covered merchandise that entered on or after initiation, extend liquidation under §1504(b) for entries that came in before, and may require a single transaction bond, additional security or cash deposits under §1623. Those interim measures land before any determination that you did anything wrong. An importer carrying four advances and an open Enforce and Protect Act allegation has a cash problem that has nothing to do with the advances and will not respond to anything done about them.

The Clock on One Entry: One year to liquidate under 19 U.S.C. §1504(a)(1), extendable to four years under §1504(b), six months after a suspension lifts under §1504(d), 30 days to pay the bill under §1505(b), and 180 days from liquidation to protest under §1514(c)(3). (19 U.S.C. §1504)

5. The Goods Are CBP’s Collateral Before They Are the Bank’s

Two sentences of 19 C.F.R. §141.1 decide most collateral fights in an import file. Subsection (d) provides that the liability for duties “also constitutes a lien upon the merchandise imported which may be enforced while such merchandise is in the custody or subject to the control of the United States.” Subsection (c) provides that the government’s claim for unpaid duties against the estate of a deceased or insolvent importer has priority over obligations to creditors other than the United States. A lender that filed a UCC-1 on inventory therefore holds a perfected security interest in goods it cannot take possession of and cannot cause to be released, because release is a CBP decision conditioned on payment.

The path from a missed payment to lost cargo is short and entirely statutory, and §1490(a) sets out the four situations that put merchandise into general order: entry is not made within the time the law allows, the entry is incomplete because estimated duties, fees or interest went unpaid, entry cannot be made for want of proper documents, or CBP believes the merchandise is not correctly and legally invoiced. The bonded warehouse then stores it “at the risk and expense of the consignee.” Under 19 C.F.R. §127.4 the general order period expires six months from the date of importation. Section 127.11 treats entered or unentered merchandise still in CBP custody at six months, without duties and charges paid, as unclaimed and abandoned.

What happens after that is the part that ends a lender’s position, because §1491(a) makes the merchandise abandoned to the Government and directs that it be appraised and sold at public auction. Section 1491(b) lets CBP skip the auction entirely by noticing all known interested parties that title “shall be considered to vest in the United States free and clear of any liens or encumbrances” on the 30th day after the notice, unless the goods are entered and every duty, tax, fee, transfer and storage charge is paid first. Where there is a sale, §1493 pays storage charges, expenses, duties, taxes and fees, then any lien for freight, charges or general average, and sends the surplus to the Treasury if no claim is filed within ten days. A financing statement is not a bill of lading, and 19 C.F.R. §127.36(a)(1) wants the bill of lading.

Bonded warehouses and foreign trade zones change the timing rather than the outcome, since §1557(a)(1) allows warehoused merchandise to sit for five years from importation, 19 C.F.R. §127.12(a)(2) treats anything left beyond that period with duties unpaid as involuntarily abandoned, and §127.37(a) collects any deficiency after a sale under the §113.62 importation bond. Merchandise admitted to a zone under 19 U.S.C. §81c sits outside the customs laws until it is sent into customs territory. Even there the revenue is protected first, because 19 C.F.R. §113.73(b) makes the zone operator and its surety agree to pay duties, taxes and charges on any admitted merchandise found missing or unaccounted for. If a lender underwrote a borrowing base against goods in a zone or a bonded warehouse, the collateral analysis it ran is probably not the one the statute describes. Our page on how a UCC lien intercepts receivables covers the funder side of the same collateral question.

What the Sale Proceeds Actually Pay: 19 U.S.C. §1493 pays in this order: storage charges, expenses, duties, taxes and fees, then any lien for freight, charges or contribution in general average. Surplus goes to the Treasury if no claim is filed within ten days of the sale, and 19 C.F.R. §127.36(a)(1) requires the original bill of lading to support that claim. (19 U.S.C. §1493)

6. For a Broker, Cash Flow Is a Licensing Question

If you are the licensed broker rather than the importer, the exposure is not only money. Section 1641(b)(1) of title 19 bars anyone from conducting customs business for others without a license, and §1641(b)(3) lets a corporation hold one only if at least one of its officers is individually licensed. Section 1641(b)(4) requires responsible supervision and control over the customs business the broker conducts. The regulation that fills that phrase in, 19 C.F.R. §111.28(a), lists thirteen factors CBP may weigh. Factor (11) is “the timeliness of processing entries and payment of duty, tax, or other debt or obligation owing to the Government for which the broker is responsible, or for which the broker has received payment from a client.” Slow remittance is written directly into the supervision standard.

Section 111.29(a) is more specific still, requiring that payment of duty or other obligation owing to the Government for which the broker is responsible, or for which the broker has received payment from a client, reach the Government on or before the date it is due. Payments received from a client after the due date must be transmitted within five working days of receipt. The same paragraph requires a written accounting to the client within 60 calendar days wherever the broker received funds and made no payment to the Government. A brokerage floating client duty money through a slow week is not simply late on a payable. It is out of compliance with the first rule CBP will read when it looks at the license.

Distress and ownership changes are separately reportable on short deadlines, and under 19 C.F.R. §111.30(b)(3) a corporate or partnership broker must notify the processing Center in writing within ten calendar days of any change in the legal nature of the organization. The regulation supplies its own examples: conversion of a general partnership to a limited partnership, merger with another organization, divestiture of part of the organization, and “entry into bankruptcy protection.” Section 111.28(e) then requires immediate written notice when ownership changes and the shares are not publicly traded. It defines a principal as anyone holding at least a five percent capital, beneficiary or other direct or indirect interest, lets CBP run a background investigation on a new principal, and authorizes suspension or revocation proceedings if that interest is not terminated to the agency’s satisfaction.

The automatic sanctions do not require a hearing at all, since §111.45(a) revokes a corporate broker’s license by operation of law after any continuous 120-day period without at least one licensed officer, and revokes the national permit after 180 days without a licensed national permit qualifier. Section 111.30(d)(4) suspends a license by operation of law on March 1 of a reporting year when the triennial status report was not filed, and revokes it if the report and fee do not arrive within 60 days of the suspension notice. On the money side, §111.91(a) caps monetary penalties at an aggregate of $30,000, and §1641(b)(6) reaches $10,000 per transaction against anyone transacting customs business without a license. Section 1641(c)(4) closes the last exit by keeping a broker that appoints a subagent liable for all obligations arising under bond and for all duties, taxes and fees, with no power to delegate that liability.

Ten Days to Tell CBP: 19 C.F.R. §111.30(b)(3) requires written notice to the processing Center within ten calendar days of any change in the legal nature of a broker organization, and the regulation names entry into bankruptcy protection as an example. A restructuring plan for a brokerage that ignores that sentence creates a licensing problem on top of a debt problem. (19 C.F.R. part 111)

7. The Duty Advance Buried Inside Your Receivable

A brokerage or forwarding invoice is rarely one thing, since it usually carries a service fee, freight and accessorials, and a pass-through of duties, taxes and fees the broker fronted to CBP for the client. Section 141.1(b)(3)(ii) of 19 C.F.R. contemplates exactly that, letting an importer write one check to the broker covering both duties and the broker’s fees, or write separate checks with the duty check payable to CBP. Section 111.29(b)(1) then requires every broker to hand clients a specific written notice: “If you are the importer of record, payment to the broker will not relieve you of liability for customs charges (duties, taxes, or other debts owed CBP) in the event the charges are not paid by the broker.” It goes on or with the power of attorney, and to each active client at least once every twelve months.

A funder buying receivables does not separate those components, and in Florida a purchase of future receipts is an accounts receivable purchase transaction under Fla. Stat. §559.9611(1), defined as a sale of the business’s accounts or payment intangibles as those terms are used in §679.1021(1) at a discount to expected value. The same paragraph makes the provider’s characterization of the deal as a purchase conclusive that it is not a loan. So a daily or weekly sweep runs against gross collections that include the duty pass-through. A brokerage remitting 10 percent of deposits is surrendering a much larger share of its real gross margin than that percentage suggests, because a meaningful part of every deposit was somebody else’s tax money in transit.

The lien that offsets this is possessory, and it belongs to the carrier rather than automatically to the broker. Fla. Stat. §677.307(1) gives a carrier a lien on goods covered by a bill of lading, or on their proceeds in its possession, for charges after receipt of the goods, including demurrage and terminal charges. Section 80109 of title 49 gives a common carrier issuing a negotiable bill a lien for storage, transportation and delivery charges including demurrage and terminal charges, plus any other charges the bill expressly enumerates. Section 677.307(3) is the catch worth memorizing, because a carrier loses its lien on any goods it voluntarily delivers. Enforcement runs through §677.308 by public or private sale on commercially reasonable terms, after notice to everyone known to claim an interest in the goods.

Where a customs broker or freight forwarder is not the carrier and does not hold the goods, the picture is weaker, and it is worth stating honestly. We could not locate a Florida statute creating a general lien in favor of a customs broker as such. In practice a forwarder’s general lien comes from the terms and conditions of service printed on its own paperwork or incorporated by reference into the power of attorney, which makes it a contract right depending on possession and on the exact wording your firm actually uses. Pull your own terms and conditions before assuming you have leverage. A lien clause that was never incorporated into the client contract is worth nothing against a funder holding a first-filed financing statement.

Read the Terms and Conditions on Your Own Invoice: A carrier’s lien is statutory under Fla. Stat. §677.307(1) and 49 U.S.C. §80109, and it dies on voluntary delivery under §677.307(3). A forwarder’s or broker’s general lien is generally contractual, which makes it only as strong as the sentence you incorporated into the client agreement and only as strong as your possession of the cargo. (Fla. Stat. §677.307)

8. Demurrage Answers to a Rule Your Funder Has No Version Of

Terminal and container charges are where an import file has real defenses, because the Federal Maritime Commission wrote billing rules that a merchant cash advance agreement has no equivalent to, and they are enforceable by simply reading the invoice. Part 541 of 46 C.F.R., published at 89 FR 14362 on February 26, 2024, governs any invoice issued by an ocean common carrier, a marine terminal operator or a non-vessel-operating common carrier for the collection of demurrage or detention. Section 541.3 defines those terms to include per diem charges related to the use of marine terminal space or shipping containers, while excluding freight charges themselves.

Section 541.6 lists what an invoice must contain, and the list is long. It requires the bill of lading and container numbers, the port of discharge, and the basis for why the billed party is the proper party of interest. It requires the invoice date and due date, the allowed free time in days, the start and end dates of free time, the container availability date, and the specific dates charged. It requires the total due, the applicable tariff rule or service contract provision, and the rate. It requires a contact and a digital route for requesting mitigation with defined timeframes. Finally it requires certifications that the charges are consistent with Commission rules and that the billing party’s own performance did not cause or contribute to them.

Section 541.5 supplies the consequence, and it is unusually blunt for a billing regulation: failure to include any required minimum information “eliminates any obligation of the billed party to pay the applicable charge.” The timing rules cut in both directions and both belong on your calendar. Under §541.7(a) a billing party must issue a demurrage or detention invoice within 30 calendar days from the date the charge was last incurred, and if it does not, the billed party is not required to pay, with parallel 30-day rules at §541.7(b) and (d) for NVOCC pass-throughs and for invoices first sent to the wrong party. Section 541.8(a) then gives the billed party at least 30 calendar days from issuance to request mitigation, refund or waiver, and §541.8(b) requires the billing party to attempt resolution within 30 days of receiving that request.

One piece of the rule is gone, and you should not build an argument on it, because the D.C. Circuit set aside §541.4, the provision limiting who a demurrage or detention invoice could be sent to, in a decision issued September 23, 2025. The Commission then removed that section from the Code of Federal Regulations effective December 29, 2025 at 90 FR 60579, leaving the rest of part 541 in force. For a Jacksonville importer or drayage customer the practical reading is a split one. Arguments that the invoice was incomplete, or that it issued outside 30 days, survived intact, while the argument that you were simply the wrong party to bill lost its regulatory footing and now has to be made on the contract instead.

Thirty Days in Both Directions: 46 C.F.R. §541.7(a): the invoice must issue within 30 calendar days from the date the charge was last incurred, or the billed party is not required to pay it. Section 541.8(a) gives the billed party at least 30 calendar days from issuance to ask for mitigation, refund or waiver. Pull every demurrage invoice from the last quarter and check both dates. (46 C.F.R. part 541)

What Florida’s Disclosure Law Gives You, and What It Does Not

Florida does have a commercial financing disclosure statute, which puts it ahead of most states, and it is narrower than owners expect. Part XIII of chapter 559, the Florida Commercial Financing Disclosure Law at §§559.961 through 559.9615, was enacted by chapter 2023-290 and applies under §559.9612 to any commercial financing transaction consummated on or after January 1, 2024. The same section carves out federally insured depositories and their affiliates, Farm Credit lenders, transactions secured by real property, leases and purchase money obligations. It also carves out certain motor vehicle dealer and rental company financings, licensed money transmitters, any provider consummating no more than five transactions in the state in a twelve-month period, and any transaction of more than $500,000.

What the statute requires is a labeling exercise. Section 559.9613(2) makes a provider disclose, at or before consummation, the total amount of funds provided, the total actually disbursed after fees withheld and prior balances paid off, the total to be paid to the provider, and the total dollar cost measured as the difference between the first and third figures. It also requires the manner, frequency and amount of payments, or the methodology for variable ones, and whether prepayment carries a cost or a discount. There is no annual percentage rate anywhere in that list. Section 559.9613(3) even lets a provider disclose a receivables facility through a single hypothetical example built on a $10,000 face amount rather than on your deal.

The enforcement side is where a defense theory dies. Section 559.9615(1) gives the Attorney General exclusive authority to enforce the part. Subsection (2)(a) caps a first-round violation at $500 per incident and $20,000 in the aggregate, and subsection (2)(b) raises that to $1,000 per incident and $50,000 after a written notice of a prior violation. Subsection (2)(c) then states that a violation “does not affect the enforceability or validity of the underlying commercial financing transaction,” and subsection (3) says the part creates no private right of action either way. As of August 2026 that is the whole of it. A bad disclosure is a regulatory fact you can hand to the Attorney General and a negotiating fact you can put in front of a funder, and it is not a claim your company owns. Where a Florida advance has gone bad the live arguments are usually contract and Article 9 arguments, which our page on MCA default in Florida walks through.

As of August 2026: Fla. Stat. §559.9612 exempts any commercial financing transaction of more than $500,000, so a $600,000 advance carries no Florida disclosure duty at all. Note a real drafting mismatch as well: §559.9611(10) defines a provider by more than five transactions in a calendar year, while §559.9612(6) exempts a provider with five or fewer in a twelve-month period. (Fla. Stat. §559.9612)

The Homestead a Jacksonville Guarantor Is Standing On

Florida’s homestead protection is constitutional rather than statutory, and it carries no dollar ceiling at all. Article X, section 4(a) of the Florida Constitution exempts the homestead from forced sale under process of any court and provides that no judgment, decree or execution shall be a lien on it. Three exceptions follow, and they are the only three: payment of taxes and assessments on the property, obligations contracted for its purchase, improvement or repair, and obligations contracted for house, field or other labor performed on the realty. A judgment on a personal guaranty of a merchant cash advance is none of those.

The limits that do exist are acreage limits. Section 4(a)(1) protects 160 acres of contiguous land and improvements where the homestead sits outside a municipality, and provides that the acreage cannot be reduced without the owner’s consent by later inclusion in a municipality. A homestead inside a municipality is protected to one-half acre of contiguous land, with the exemption limited to the residence of the owner or the owner’s family. Jacksonville is a municipality, so the operative figure for most owners reading this is half an acre with no cap on value. Section 4(a)(2) adds a separate and far smaller personal property exemption of one thousand dollars, and §4(b) inures the exemption to the surviving spouse or heirs of the owner.

Two qualifications keep this from being a plan. Bankruptcy imposes its own ceiling, because 11 U.S.C. §522(p) limits a debtor to $214,000 of interest in a homestead acquired during the 1,215 days before the petition, a figure effective April 1, 2025 that adjusts again in 2028. Moving money into a Florida house shortly before a filing therefore does not carry the constitutional protection into the case. Customs duties also follow an individual differently from ordinary debt. Section 523(a)(1)(A) of title 11 excepts from an individual debtor’s discharge any debt for a tax or a customs duty of the kind and for the periods specified in §507(a)(8), and for customs duties §507(a)(8)(F) reaches entries made within one year before the petition, entries liquidated or reliquidated within that year, and entries made within four years before the petition that remain unliquidated because of a pending antidumping, countervailing duty or fraud investigation. How those provisions reach a particular guarantor is a question for bankruptcy counsel on your actual facts, and it is worth asking before anyone signs anything.

Half an Acre, No Ceiling: Fla. Const. art. X, §4(a)(1): one-half acre of contiguous land inside a municipality, 160 acres outside one, with no limit on value and only three exceptions (property taxes and assessments, purchase or improvement or repair obligations, and labor performed on the realty). The federal overlay is 11 U.S.C. §522(p) at $214,000 on an interest acquired within 1,215 days of a petition. (Fla. Const. art. X, §4)

Who Should You Call? Our Top-Rated Business Debt Firms

One firm on this list works the entire lifecycle of a business debt file, from stopping the daily debits through attorney-led negotiation, UCC lien removal, and a signed release. The other two cover broader debt categories that often sit alongside the advances. Choose accordingly.

★ Our Top Pick
#1

Delancey Street

Attorney-Led MCA & Business Debt Settlement - $100M+ Resolved Nationwide

The only firm here that handles the full arc of a business debt file: attorney-led negotiation, ACH revocation, legal defense, UCC lien removal, and a settlement agreement with a real release attached. Over $100M settled, no upfront fees, all 50 states, settlements at 30-60% of the balance.

Best for: Business owners carrying one or more advances who want aggressive, attorney-led negotiation with no upfront cost
Total Settled: $100M+
Settlement Range: 30-60%
Attorney-Led: Yes
Upfront Fees: None
Talk to Delancey Street Today Free consultation. No upfront fees. Settlements at 30-60%. (888) 559-0156
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#2

National Debt Relief

Largest U.S. Debt Settlement Firm - A+ BBB Rating - 550,000+ Clients

Not an MCA specialist. National Debt Relief does not negotiate advances, challenge confessions of judgment, or fight UCC liens. For the ordinary unsecured business debt sitting next to your advances, their scale and track record make them a reasonable option on that side of the ledger.

Best for: General unsecured business debt over $7,500 (not MCA-specific settlement)
Clients Served: 550,000+
MCA Settlement: No
Every Week You Wait, The File Gets More Expensive Stop the ACH debits, get the UCC lien addressed, and settle at 30-60%. Over $100M settled. Free consultation.
(888) 559-0156
#3

CuraDebt

25+ Years in Business Debt & Tax Resolution - IAPDA Certified

Not an MCA specialist either. CuraDebt handles business debt alongside IRS and state tax resolution, so if unpaid payroll taxes have stacked up behind the advances, they can work that front while the MCA side is negotiated.

Best for: Combined business debt and tax resolution (not MCA-specific settlement)
Tax Resolution: Yes (IRS & State)
MCA Settlement: No

Frequently Asked Questions

Can I settle a customs duty bill the way I would settle an advance?
Not the duty portion. 19 U.S.C. §1592(d) says that where the United States has been deprived of lawful duties, taxes or fees, CBP shall require that they be restored, whether or not a monetary penalty is assessed, and it says so notwithstanding the finality §1514 would otherwise give a liquidation. The mitigation power at §1618 reaches a fine, penalty or forfeiture and never mentions duties. On a mixed CBP claim the penalty layer is genuinely negotiable and the duty layer is not, which is why the two have to be separated on paper before anyone proposes a number.
The audit found underpaid duties going back three years. How far back can CBP actually reach?
Section 1621 of title 19 bars a suit or action for a customs penalty, or for restoration of lawful duties under §1592(d), unless it is commenced within five years after the date of the alleged violation. Where the violation arises out of fraud, the five years run from the date the fraud is discovered instead. Separately, an entry stays open to repricing longer than most owners assume, because §1504(b) lets CBP extend liquidation and an extended entry is only treated as liquidated at your asserted figures at the four-year mark.
My surety paid a duty bill and now it is coming after me personally. Is that allowed?
That is the ordinary operation of a surety bond rather than an aggressive move. Under 19 C.F.R. §113.62(a)(1) the principal and the surety are jointly and severally obligated to CBP, so the surety pays the government first and then looks to its own general indemnity agreement for reimbursement. Those agreements routinely obligate the company and, in the small and mid-size importer market, the owners individually. Find the indemnity agreement in your bond file and read who signed it, because that document is the real measure of personal exposure rather than the bond itself.
Antidumping duties went up after we already sold the goods. Do we still owe the difference?
Generally yes, and with interest. The deposits an antidumping order requires under 19 U.S.C. §1673e(a)(3) are estimates pending liquidation, and §1675(a)(2)(C) makes the result of a periodic administrative review the basis for assessing duties on the entries that review covers. Section 1673f(b)(1) then directs that the difference be collected where the deposit came in lower than the duty finally determined, together with interest under §1677g at the 26 U.S.C. §6621 rate. The goods being long gone changes nothing, which is why AD/CVD exposure belongs in your model as a contingent liability rather than a closed cost.
My containers are sitting in general order. Does my lender’s UCC-1 protect them?
Very little. Merchandise in CBP custody is subject to a duty lien under 19 C.F.R. §141.1(d), and under 19 U.S.C. §1491(b) CBP can notify interested parties that title will vest in the United States free and clear of any liens or encumbrances on the 30th day after the notice, unless the goods are entered and every duty, tax, fee and storage charge is paid. If there is an auction instead, §1493 pays storage, expenses, duties, taxes and fees, then freight and general average liens. A claim to any surplus has to be filed within ten days and supported by the original bill of lading, and a financing statement appears nowhere in that sequence.
I run a brokerage and I am behind on remitting client duty money. What happens to my license?
It becomes a supervision issue quickly. 19 C.F.R. §111.29(a) requires duty payments to reach the Government on or before the due date and requires client funds received after the due date to be transmitted within five working days. Section 111.28(a)(11) lists timeliness of paying duty and other obligations owed the Government as a factor in whether you are exercising responsible supervision and control. Section 111.53(c) makes violating any law or regulation CBP enforces a ground for suspension or revocation, and §111.91(a) allows monetary penalties up to an aggregate of $30,000. Get counsel involved before the shortfall is discovered.
Can they take my house in Jacksonville?
A judgment creditor on a business guaranty generally cannot reach a Florida homestead. Article X, section 4(a) of the Florida Constitution exempts it from forced sale and bars a judgment lien on it, with only three exceptions: property taxes and assessments, obligations contracted for the purchase, improvement or repair of the property, and obligations for labor performed on the realty. Inside a municipality the protection covers half an acre of contiguous land with no cap on value. The main limit is federal, because 11 U.S.C. §522(p) caps the protected interest at $214,000 where it was acquired within 1,215 days before a bankruptcy filing.
Does Florida make my funder show me a rate before I sign?
No. The Florida Commercial Financing Disclosure Law at Fla. Stat. §559.9613(2) requires the amount provided, the amount actually disbursed, the total to be paid, the total dollar cost, the payment terms or the variable payment methodology, and any prepayment cost or discount. It never asks for an annual percentage rate. It also does not apply at all to a transaction of more than $500,000 under §559.9612(7), the Attorney General has exclusive enforcement under §559.9615(1), and §559.9615(3) creates no private right of action. Anyone who wants that paperwork read against what the statute actually requires can have it done. Call (888) 559-0156.

Find Out Which Part of Your Import File Is Actually Negotiable

Send the entry summaries, the continuous bond and its indemnity agreement, any CBP notice, and a current UCC search. You will get back which balances are duty, which are penalty, and the order to work them. There is no fee to have it read, and our fee is earned out of a completed resolution.

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