Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 664
       
       
       
       
       
       
                                Ì694526;Î694526                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Rules (Young) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 559.9602, Florida Statutes, is created
    6  to read:
    7         559.9602Salvage of pleasure vessels.—
    8         (1)This section applies to all salvors operating within
    9  the waters of this state, as defined in s. 327.02(47), except:
   10         (a)Any person who performs salvage work while employed by
   11  a municipal, county, state, or federal government when carrying
   12  out the functions of that government.
   13         (b)Any person who engages solely in salvage work for:
   14         1.Pleasure vessels that are owned, maintained, and
   15  operated exclusively by such person and for that person’s own
   16  use; or
   17         2.For-hire pleasure vessels that are rented for periods of
   18  30 days or less.
   19         (c)Any person who owns or operates a marina or shore-based
   20  repair facility and is in the business of repairing pleasure
   21  vessels, where the salvage work takes place exclusively at that
   22  person’s facility.
   23         (d)Any person who is in the business of repairing pleasure
   24  vessels who performs the repair work at a landside or shoreside
   25  location designated by the customer.
   26         (e)Any person who is in the business of recovering,
   27  storing, or selling pleasure vessels on behalf of insurance
   28  companies that insure the vessels.
   29         (2)As used in this section, the term:
   30         (a)“Customer” means the owner of the pleasure vessel or
   31  the person who has been given the authority by the owner to
   32  authorize salvage work of the pleasure vessel.
   33         (b)“Pleasure vessel” means any watercraft no more than 60
   34  feet in length which is used solely for personal pleasure,
   35  family use, or the transportation of executives, persons under
   36  the employment, and guests of the owner.
   37         (c)“Salvage work” means any assistance, services, repairs,
   38  or other efforts rendered by a salvor relating to saving,
   39  preserving, or rescuing a pleasure vessel or its passengers and
   40  crew which are in marine peril. Salvage work does not include
   41  towing a pleasure vessel.
   42         (d)“Salvor” means a person in the business of voluntarily
   43  providing assistance, services, repairs, or other efforts
   44  relating to saving, preserving, or rescuing a pleasure vessel or
   45  the vessel’s passengers and crew which are in marine peril, in
   46  exchange for compensation.
   47         (3)(a)If the customer is present on the pleasure vessel,
   48  before a salvor may engage in the salvage operation of a
   49  pleasure vessel, the salvor must provide the customer with
   50  written notice that the service offered is not covered by any
   51  towing contract. The written notice must include the following
   52  statement, in capital letters of at least 12-point type, and
   53  must be signed by the customer:
   54  
   55  THE SERVICE OFFERED BY THE SALVOR IS CONSIDERED SALVAGE WORK AND
   56  IS NOT COVERED BY ANY TOWING SERVICE CONTRACT. SALVAGE WORK
   57  ALLOWS THE SALVOR TO PRESENT YOU OR YOUR INSURANCE COMPANY WITH
   58  A BILL FOR THE CHARGES AT A LATER DATE. THE SALVOR SHALL
   59  CALCULATE THE CHARGES ACCORDING TO FEDERAL SALVAGE LAW AND SUCH
   60  CHARGES MAY EXCEED A CHARGE BASED ON A TIME AND MATERIALS
   61  CALCULATION. THE CHARGES COULD AMOUNT TO AS MUCH AS THE ENTIRE
   62  VALUE OF YOUR VESSEL, INCLUDING ITS GEAR AND EQUIPMENT.
   63  
   64  IF YOU AGREE TO ALLOW THE SALVOR TO PERFORM THE OFFERED WORK
   65  WITHOUT AN AGREEMENT FOR A FIXED CHARGE FOR THE SALVAGE, YOUR
   66  ONLY RECOURSE TO CHALLENGE THE ASSESSED CHARGES IS BY A LAWSUIT
   67  IN FEDERAL COURT OR, IF YOU AND THE SALVOR AGREE IN WRITING, BY
   68  BINDING ARBITRATION.
   69  
   70  YOU MAY AGREE TO A FIXED CHARGE FOR THE SALVAGE WITH THE SALVOR
   71  BEFORE WORK BEGINS, AND THE AGREED CHARGE SHALL BE DOCUMENTED ON
   72  THE U.S. OPEN FORM SALVAGE AGREEMENT OR OTHER SUCH SALVAGE
   73  CONTRACT SIGNED BY YOU AND THE SALVOR. YOU HAVE A RIGHT TO
   74  REJECT THE SALVOR’S OFFER OF SERVICES IF THE SALVOR WILL NOT
   75  AGREE TO A FIXED CHARGE BEFORE BEGINNING WORK.
   76  
   77  CUSTOMER SIGNATURE:...(Signature of customer)...
   78  
   79  DATE:...(Date signed by customer)... TIME:...(Time signed by
   80  customer)...
   81  
   82         (b)The salvor is relieved of providing the written notice
   83  required by this subsection if there is an imminent threat of
   84  injury or death to any person on board the pleasure vessel. The
   85  salvor must provide the written notice required by this
   86  subsection when there is no longer an imminent threat of injury
   87  or death to any person on board the pleasure vessel.
   88         (4)(a)If a written notice is not provided before a salvage
   89  operation as required by this section, the owner of a pleasure
   90  vessel may bring an action in the appropriate court of competent
   91  jurisdiction. An owner who prevails in such an action is
   92  entitled to damages equal to 1.5 times the amount paid or
   93  awarded to the salvor, plus court costs and reasonable attorney
   94  fees.
   95         (b)The remedies provided for in this subsection shall be
   96  in addition to any other remedy provided by law.
   97         Section 2. This act shall take effect July 1, 2018.
   98  
   99  ================= T I T L E  A M E N D M E N T ================
  100  And the title is amended as follows:
  101         Delete everything before the enacting clause
  102  and insert:
  103                        A bill to be entitled                      
  104         An act relating to the salvage of pleasure vessels;
  105         creating s. 559.9602, F.S.; providing applicability;
  106         providing definitions; requiring salvors of pleasure
  107         vessels to provide specified written notice to a
  108         customer who is present on a pleasure vessel before
  109         engaging in a salvage operation of the vessel;
  110         providing an exception; providing a cause of action
  111         and remedies; specifying that such remedies are in
  112         addition to others provided by law; providing an
  113         effective date.