Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS/CS/HB 1287, 2nd Eng. Ì4249627Î424962 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 03/08/2018 12:49 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Young moved the following: 1 Senate Amendment to Amendment (384600) (with title 2 amendment) 3 4 Between lines 2779 and 2780 5 insert: 6 Section 56. Section 559.9602, Florida Statutes, is created 7 to read: 8 559.9602 Salvage of pleasure vessels.— 9 (1) This section applies to all salvors operating within 10 the waters of this state, as defined in s. 327.02(47), except: 11 (a) Any person who performs salvage work while employed by 12 a municipal, county, state, or Federal Government when carrying 13 out the functions of that government. 14 (b) Any person who engages solely in salvage work for: 15 1. Pleasure vessels that are owned, maintained, and 16 operated exclusively by such person and for that person’s own 17 use; or 18 2. For-hire pleasure vessels that are rented for periods of 19 30 days or less. 20 (c) Any person who owns or operates a marina or shore-based 21 repair facility and is in the business of repairing pleasure 22 vessels, where the salvage work takes place exclusively at that 23 person’s facility. 24 (d) Any person who is in the business of repairing pleasure 25 vessels who performs the repair work at a landside or shoreside 26 location designated by the customer. 27 (e) Any person who is in the business of recovering, 28 storing, or selling pleasure vessels on behalf of insurance 29 companies that insure the vessels. 30 (2) As used in this section, the term: 31 (a) “Customer” means the owner of the pleasure vessel or 32 the person who has been given the authority by the owner to 33 authorize salvage work of the pleasure vessel. 34 (b) “Pleasure vessel” means any watercraft no more than 60 35 feet in length which is used solely for personal pleasure, 36 family use, or the transportation of executives, persons under 37 the employment, and guests of the owner. 38 (c) “Salvage work” means any assistance, services, repairs, 39 or other efforts rendered by a salvor relating to saving, 40 preserving, or rescuing a pleasure vessel or its passengers and 41 crew which are in marine peril. Salvage work does not include 42 towing a pleasure vessel. 43 (d) “Salvor” means a person in the business of voluntarily 44 providing assistance, services, repairs, or other efforts 45 relating to saving, preserving, or rescuing a pleasure vessel or 46 the vessel’s passengers and crew which are in marine peril, in 47 exchange for compensation. 48 (3)(a) If the customer is present on the pleasure vessel, 49 the salvor shall provide the customer with written notice that 50 the service offered is not covered by any towing contract before 51 the salvor may begin salvage work on the pleasure vessel. The 52 written notice must include the following statement, in capital 53 letters of at least 12-point type, and must be signed by the 54 customer: 55 56 THE SERVICE OFFERED BY THE SALVOR IS CONSIDERED SALVAGE 57 WORK AND IS NOT COVERED BY ANY TOWING SERVICE CONTRACT. SALVAGE 58 WORK ALLOWS THE SALVOR TO PRESENT YOU, OR YOUR INSURANCE 59 COMPANY, WITH A BILL FOR THE CHARGES AT A LATER DATE. THE SALVOR 60 SHALL CALCULATE THE CHARGES ACCORDING TO FEDERAL SALVAGE LAW AND 61 SUCH CHARGES MAY EXCEED A CHARGE BASED ON A TIME AND MATERIALS 62 CALCULATION. THE CHARGES COULD AMOUNT TO AS MUCH AS THE ENTIRE 63 VALUE OF YOUR VESSEL, INCLUDING ITS GEAR AND EQUIPMENT. 64 IF YOU AGREE TO ALLOW THE SALVOR TO PERFORM THE OFFERED 65 SALVAGE WORK WITHOUT AN AGREEMENT FOR A FIXED CHARGE FOR THE 66 SALVAGE WORK, YOUR ONLY RECOURSE TO CHALLENGE THE ASSESSED 67 CHARGES IS BY A LAWSUIT IN FEDERAL COURT OR, IF YOU AND THE 68 SALVOR AGREE IN WRITING, BY BINDING ARBITRATION. 69 YOU MAY AGREE TO A FIXED CHARGE FOR THE SALVAGE WORK WITH 70 THE SALVOR BEFORE SALVAGE WORK BEGINS, AND THE AGREED CHARGE 71 SHALL BE DOCUMENTED ON THE U.S. OPEN FORM SALVAGE AGREEMENT OR 72 OTHER SUCH SALVAGE CONTRACT SIGNED BY YOU AND THE SALVOR. YOU 73 HAVE A RIGHT TO REJECT THE SALVOR’S OFFER OF SERVICES IF THE 74 SALVOR WILL NOT AGREE TO A FIXED CHARGE BEFORE BEGINNING SALVAGE 75 WORK. 76 77 CUSTOMER SIGNATURE:................................ 78 79 DATE:................................TIME:.......... 80 81 (b) The salvor is relieved of providing the written notice 82 required by this subsection if there is an imminent threat of 83 injury or death to any person on board the pleasure vessel. The 84 salvor must provide the written notice required by this 85 subsection when there is no longer an imminent threat of injury 86 or death to any person on board the pleasure vessel. 87 (4)(a) If a written notice is not provided before salvage 88 work begins as required by this section, the owner of a pleasure 89 vessel may bring an action in the appropriate court of competent 90 jurisdiction. An owner who prevails in such an action is 91 entitled to damages equal to 1.5 times the amount paid or 92 awarded to the salvor, plus court costs and reasonable attorney 93 fees. 94 (b) The remedies provided for in this subsection shall be 95 in addition to any other remedy provided by law. 96 97 ================= T I T L E A M E N D M E N T ================ 98 And the title is amended as follows: 99 Delete line 3219 100 and insert: 101 specifically approved by the Legislature; creating s. 102 559.9602, F.S.; providing scope and applicability; 103 providing definitions; requiring salvors of pleasure 104 vessels to provide specified written notice; providing 105 an exception; providing remedies; specifying that such 106 remedies are in addition to others provided by law; 107 amending s.