| 1 | Representative Needelman offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 17 and 18, insert: |
| 5 | Section 1. Section 327.59, Florida Statutes, is amended to |
| 6 | read: |
| 7 | 327.59 Marina evacuations.-- |
| 8 | (1) After June 1, 1994, marinas may not adopt, maintain, |
| 9 | or enforce policies pertaining to evacuation of vessels which |
| 10 | require vessels to be removed from marinas following the |
| 11 | issuance of a hurricane watch or warning, in order to ensure |
| 12 | that protecting the lives and safety of vessel owners is placed |
| 13 | before interests of protecting property. |
| 14 | (2) Nothing in this section may be construed to restrict |
| 15 | the ability of an owner of a vessel or the owner's authorized |
| 16 | representative to remove a vessel voluntarily from a marina at |
| 17 | any time or to restrict a marina owner from dictating the kind |
| 18 | of cleats, ropes, fenders, and other measures that must be used |
| 19 | on vessels as a condition of use of a marina. After a tropical |
| 20 | storm or hurricane watch has been issued, a marina owner, |
| 21 | operator, employee, or agent may take actions to further secure |
| 22 | any vessel within the marina to minimize damage to a vessel, the |
| 23 | marina property, and the environment. The marina owner, |
| 24 | operator, employee, or agent may charge reasonable fees for |
| 25 | further securing of a vessel, shall not be held liable for any |
| 26 | damage incurred to a vessel from such storms or hurricanes, and |
| 27 | is held harmless as a result of such actions. |
| 28 | (3) Notwithstanding any other provisions of this section, |
| 29 | in order to protect marina property, a marina owner may provide |
| 30 | by contract that in the event a vessel owner fails to promptly |
| 31 | remove a vessel from a marina after a hurricane watch or warning |
| 32 | has been issued, the marina owner, operator, employee, or agent |
| 33 | may remove the vessel from its slip or take whatever actions |
| 34 | deemed necessary in order to properly secure the vessel and may |
| 35 | charge the vessel owner a reasonable fee for any such services |
| 36 | rendered. A marina seeking to add such a provision to a contract |
| 37 | must provide notice to the vessel owner in any such contract in |
| 38 | a font size of at least 10 points. The notice shall be in |
| 39 | substantially the following form: |
| 40 |
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| 41 | NOTICE TO VESSEL OWNER |
| 42 | The undersigned hereby informs you that in the event you |
| 43 | fail to remove your vessel from the marina promptly after |
| 44 | a hurricane watch or warning has been issued for (insert |
| 45 | geographic area), Florida, under Florida law, the |
| 46 | undersigned or his or her employees or agents are |
| 47 | authorized to remove your vessel from its slip and take |
| 48 | any and all other actions deemed appropriate by the |
| 49 | undersigned or his or her employees or agents in order to |
| 50 | secure your vessel and protect the marina property. You |
| 51 | are further notified that you may be charged a reasonable |
| 52 | fee for any such action. |
| 53 |
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| 54 | ================ T I T L E A M E N D M E N T ============= |
| 55 | Remove line 6 and insert: |
| 56 | An act relating to vessels; amending s. 327.59, F.S.; |
| 57 | authorizing marina owners, operators, employees, and |
| 58 | agents to take actions to secure vessels during severe |
| 59 | weather and to charge fees and be held harmless for such |
| 60 | service; authorizing contract provisions and notice |
| 61 | relating to removing or securing vessels; amending |