Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1287, 2nd Eng.
       
       
       
       
       
       
                                Ì4249627Î424962                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/08/2018 12:49 PM       .                                
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       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         559.9602Salvage 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.