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SEC Comment Letter for MARINEMAX INC (HZO) (CIK 0001057060) (HZO) — May 5, 2006

MARINEMAX INC (HZO) (CIK 0001057060)
Date: May 5, 2006 · CIK: 0001057060 · Accession: 0000000000-06-021398

AI Filing Summary & Sentiment

Sentiment
Urgency
Document Type
Confidence
SEC Posture
Company Posture

Summary

Reasoning

Date
May 5, 2006
Author
Sarah Goldberg
Form
UPLOAD
Company
MARINEMAX INC (HZO) (CIK 0001057060)

Letter

Mail Stop 3561 May 5, 2006 Mr. Michael H. McLamb Executive Vice President, Chief Financial Officer and Secretary MarineMax, Inc. 18167 U.S. Highway 19 North Suite 300 Clearwater, Florida 33764

Re: MarineMax, Inc. Form 8-K Filed May 5, 2006 File No. 1-14173

Dear Mr. McLamb:

We have reviewed your filing and have the following comments. Where indicated, we think you should revise your document in response to these comments. If you disagree, we will consider your explanation as to why our comment is inapplicable or a revision is unnecessary. Please be as detailed as necessary in your explanation. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. After reviewing this information, we may or may not raise additional comments.

Please understand that the purpose of our review process is to assist you in your compliance with the applicable disclosure requirements and to enhance the overall disclosure in your filing. We look forward to working with you in these respects. We welcome any questions you may have about our comments or on any other aspect of our review. Feel free to call us at the telephone number listed at the end of this letter.

Form 8-K Item 4.02 1. Please amend Form 8-K to disclose the date of the conclusion regarding non-reliance. Refer to the requirements of Item 4.02(a)(1) of Form 8-K. 2. Please amend Form 8-K to disclose whether the audit committee, or the board of directors in the absence of an audit committee, or an authorized officer or officers, discussed with your independent accountant the matters disclosed in the filing. Refer to the requirements of Item 4.02(a)(3) of Form 8-K.

* * * *

As appropriate, please amend your filing and respond to these comments within 5 business days or tell us when you will provide us with a response. You may wish to provide us with marked copies of the amendment to expedite our review. Please furnish a cover letter that keys your responses to our comments and provides any requested information. Detailed cover letters greatly facilitate our review. Please understand that we may have additional comments after reviewing your amendment and responses to our comments.

We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filing to be certain that the filing includes all information required under the Securities Exchange Act of 1934 and that they have provided all information investors require for an informed investment decision. Since the company and its management are in possession of all facts relating to a company`s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made.

In connection with responding to our comments, please provide, in writing, a statement from the company acknowledging that:

* the company is responsible for the adequacy and accuracy of the disclosure in the filing;

* staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking any action with respect to the filing; and

* the company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.

In addition, please be advised that the Division of Enforcement has access to all information you provide to the staff of the Division of Corporation Finance in our review of your filing or in response to our comments on your filing.

You may contact Staff Accountant Sarah Goldberg at (202) 551- 3340 if you have any questions regarding these comments.

Sincerely,
Sarah Goldberg

Show Raw Text
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<TYPE>LETTER
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<FILENAME>filename1.txt
<TEXT>

Mail Stop 3561

 					May 5, 2006

Mr. Michael H. McLamb
Executive Vice President, Chief Financial Officer and Secretary
MarineMax, Inc.
18167 U.S. Highway 19 North
Suite 300
Clearwater, Florida 33764

	Re:	MarineMax, Inc.
		Form 8-K Filed May 5, 2006
		File No. 1-14173

Dear Mr. McLamb:

      We have reviewed your filing and have the following
comments.
Where indicated, we think you should revise your document in
response
to these comments. If you disagree, we will consider your
explanation
as to why our comment is inapplicable or a revision is
unnecessary.
Please be as detailed as necessary in your explanation.  In some
of
our comments, we may ask you to provide us with information so we
may
better understand your disclosure.  After reviewing this
information,
we may or may not raise additional comments.

	Please understand that the purpose of our review process is
to
assist you in your compliance with the applicable disclosure
requirements and to enhance the overall disclosure in your filing.
We look forward to working with you in these respects.  We welcome
any questions you may have about our comments or on any other
aspect
of our review.  Feel free to call us at the telephone number
listed
at the end of this letter.

Form 8-K
Item 4.02
1. Please amend Form 8-K to disclose the date of the conclusion
regarding non-reliance.  Refer to the requirements of Item
4.02(a)(1)
of Form 8-K.
2. Please amend Form 8-K to disclose whether the audit committee,
or
the board of directors in the absence of an audit committee, or an
authorized officer or officers, discussed with your independent
accountant the matters disclosed in the filing.  Refer to the
requirements of Item 4.02(a)(3) of Form 8-K.

*    *    *    *

      As appropriate, please amend your filing and respond to
these
comments within 5 business days or tell us when you will provide
us
with a response.  You may wish to provide us with marked copies of
the amendment to expedite our review.  Please furnish a cover
letter
that keys your responses to our comments and provides any
requested
information.  Detailed cover letters greatly facilitate our
review.
Please understand that we may have additional comments after
reviewing your amendment and responses to our comments.

	We urge all persons who are responsible for the accuracy and
adequacy of the disclosure in the filing to be certain that the
filing includes all information required under the Securities
Exchange Act of 1934 and that they have provided all information
investors require for an informed investment decision.  Since the
company and its management are in possession of all facts relating
to
a company`s disclosure, they are responsible for the accuracy and
adequacy of the disclosures they have made.

	In connection with responding to our comments, please
provide,
in writing, a statement from the company acknowledging that:

* the company is responsible for the adequacy and accuracy of the
disclosure in the filing;

* staff comments or changes to disclosure in response to staff
comments do not foreclose the Commission from taking any action
with
respect to the filing; and

* the company may not assert staff comments as a defense in any
proceeding initiated by the Commission or any person under the
federal securities laws of the United States.

      In addition, please be advised that the Division of
Enforcement
has access to all information you provide to the staff of the
Division of Corporation Finance in our review of your filing or in
response to our comments on your filing.

      You may contact Staff Accountant Sarah Goldberg at (202)
551-
3340 if you have any questions regarding these comments.

								Sincerely,

								Sarah Goldberg

Mr. McLamb
MarineMax, Inc.
May 5, 2006
Page 1 of 3

</TEXT>
</DOCUMENT>