Florida Senate - 2018 SB 664 By Senator Young 18-00374C-18 2018664__ 1 A bill to be entitled 2 An act relating to the salvage of pleasure vessels; 3 providing a directive to the Division of Law Revision 4 and Information; creating s. 559.9601, F.S.; providing 5 a short title; creating s. 559.9602, F.S.; providing 6 scope and applicability; creating s. 559.9603, F.S.; 7 providing definitions; creating s. 559.9604, F.S.; 8 requiring salvors of pleasure vessels to provide a 9 specified written disclosure statement and salvage 10 work estimate; creating s. 559.9605, F.S.; requiring 11 such salvors to obtain customer permission before 12 exceeding the written estimate by more than a 13 specified amount; specifying salvor responsibilities 14 and rights to certain fees in the event that a 15 customer cancels the order for salvage; creating s. 16 559.9606, F.S.; requiring salvors to post specified 17 signage on their vessels; creating s. 559.9607, F.S.; 18 specifying violations; creating s. 559.9608, F.S.; 19 providing remedies; specifying that such remedies are 20 in addition to others provided by law; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. The Division of Law Revision and Information is 26 directed to redesignate s. 559.951, Florida Statutes, as part 27 XIII of chapter 559, Florida Statutes, entitled “Miscellaneous 28 Provisions,” and create a new part XII of chapter 559, Florida 29 Statutes, consisting of ss. 559.9601-559.9608, Florida Statutes, 30 to be entitled “Salvage of Pleasure Vessels.” 31 Section 2. Section 559.9601, Florida Statutes, is created 32 to read: 33 559.9601 Short title.—Sections 559.9601-559.9608 may be 34 cited as the “Florida Salvage of Pleasure Vessels Act.” 35 Section 3. Section 559.9602, Florida Statutes, is created 36 to read: 37 559.9602 Scope and application.—This part shall apply to 38 all salvors operating in Florida, except: 39 (1) Any person who performs salvage work while employed by 40 a municipal, county, state, or federal government when carrying 41 out the functions of that government. 42 (2) Any person who engages solely in salvage work for: 43 (a) Pleasure vessels that are owned, maintained, and 44 operated exclusively by such person and for that person’s own 45 use; or 46 (b) For-hire pleasure vessels that are rented for periods 47 of 30 days or less. 48 (3) Any person who owns or operates a marina or shore-based 49 repair facility and is in the business of repairing pleasure 50 vessels, where the salvage work takes place exclusively at that 51 person’s facility. 52 (4) Any person who is in the business of repairing pleasure 53 vessels who performs the repair work at a landside or shoreside 54 location designated by the customer. 55 Section 4. Section 559.9603, Florida Statutes, is created 56 to read: 57 559.9603 Definitions.—As used in this part, the term: 58 (1) “Customer” means the person who requests or signs the 59 written salvage estimate or is entitled to receive a written 60 salvage estimate, or any other person whom the person who 61 requests, signs, or is entitled to receive the written salvage 62 estimate designates on the written salvage estimate as a person 63 who may authorize salvage work. 64 (2) “Employee” means an individual who is employed full 65 time or part-time by a salvor and performs salvage work. 66 (3) “Pleasure vessel” means any watercraft no more than 60 67 feet in length which is used solely for personal pleasure, 68 family use, or the transportation of executives, employees, and 69 guests of the owner. 70 (4) “Salvage work” means any assistance, services, repairs, 71 or other efforts rendered by a salvor relating to saving, 72 preserving, or rescuing a pleasure vessel or its passengers and 73 crew which are in marine peril. Salvage work does not include 74 towing a pleasure vessel. 75 (5) “Salvor” means a person in the business of voluntarily 76 providing assistance, services, repairs, or other efforts 77 relating to saving, preserving, or rescuing a pleasure vessel or 78 the vessel’s passengers and crew which are in marine peril, in 79 exchange for compensation. 80 Section 5. Section 559.9604, Florida Statutes, is created 81 to read: 82 559.9604 Written disclosure statement and salvage work 83 estimate.— 84 (1) If the cost of salvage work may exceed $500 and the 85 customer is present on the vessel, the salvor must present to 86 the customer a written notice conspicuously disclosing in a 87 separate, blocked section only the following statement, in 88 capital letters of at least 12-point type: 89 90 PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND 91 SIGN: 92 I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A 93 WRITTEN ESTIMATE IF MY FINAL BILL MAY EXCEED $500. 94 95 .... I REQUEST A WRITTEN ESTIMATE. 96 97 .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE 98 SALVAGE CHARGES DO NOT EXCEED $..... THE SALVOR MAY NOT EXCEED 99 THIS AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL. 100 101 .... I DO NOT REQUEST A WRITTEN ESTIMATE. 102 103 SIGNED ............ DATE .... 104 105 (2) When a customer requests an estimate for the cost of 106 salvage work any time before or during the rendering of any 107 salvage work by a salvor, the salvor shall prepare a written 108 estimate for the costs of its services, in a form stating the 109 estimated cost of salvage work, including the cost of any 110 inspections or diagnostic work. The written salvage estimate 111 must also include the following items: 112 (a) The name, address, and telephone number of the salvor’s 113 business. 114 (b) The name, address, and telephone number of the 115 customer. 116 (c) The date and time of the written salvage estimate. 117 (d) A general description of the pleasure vessel. 118 (e) A general description of the customer’s problem or 119 request for repair work or service relating to the pleasure 120 vessel. 121 (f) A statement as to the basis on which the customer is 122 being charged, such as a flat rate, an hourly rate, or both. 123 (g) The estimated cost of the salvage work. If the salvor 124 does not possess sufficient information concerning the source, 125 cause, or nature of the marine peril to formulate an estimate 126 for the salvage work, the salvor must provide the customer an 127 estimate for the effort required to determine the source, cause, 128 or nature of the marine peril in accordance with this section. 129 At such time that the salvor has sufficient information to 130 provide an estimate for the cost of the salvage work, the salvor 131 shall provide that estimate according to this section. 132 (h) A statement indicating the daily charge for storing the 133 customer’s pleasure vessel if it is to be towed or otherwise 134 transported to a different location than where the salvor 135 performs the salvage work. 136 (i) A cancellation fee, as determined by the salvor, in the 137 event a customer cancels the order for services in accordance 138 with s. 559.9605(1). 139 (3) A copy of the disclosure statement required by 140 subsection (1) and, if requested, the written salvage estimate 141 required by subsection (2) must be given to the customer before 142 salvage work begins. The disclosure statement may be provided on 143 the same form as the written estimate. 144 (4) This section may not be construed to require a salvor 145 to give a written estimated price if the salvor does not agree 146 to provide any assistance, service, repairs, or other effort to 147 a potential customer. 148 (5) A customer may cancel the salvage work at any time. 149 Section 6. Section 559.9605, Florida Statutes, is created 150 to read: 151 559.9605 Notification of charges in excess of salvage 152 estimate; unlawful charges.— 153 (1) If a determination is made by a salvor that the actual 154 charges for the assistance, service, or repair work will exceed 155 the written estimate by more than 20 percent, the customer must 156 be promptly verbally notified of the additional estimated 157 charge. A customer so notified may, orally or in writing, 158 authorize, modify, or cancel the order for salvage. Except as 159 specified in this section, the salvor may only continue work on 160 the pleasure vessel upon authorization from the customer and 161 work must continue only within the scope the customer 162 authorized. 163 (2) If a customer cancels the order for salvage after being 164 advised that salvage work which she or he has authorized cannot 165 be accomplished within the previously authorized estimate, the 166 salvor must expeditiously place the pleasure vessel back into a 167 condition reasonably similar to the condition in which it was 168 received unless: 169 (a) The customer waives that effort; or 170 (b) To do so would be unsafe. 171 172 After cancellation of the salvor’s service, the salvor may 173 charge for salvage work provided up to the point of 174 cancellation, but the salvor’s charge may not exceed the 175 cancellation fee agreed to by the salvor pursuant to s. 176 559.9604(2)(i). The salvor may only charge for any work 177 undertaken on the agreed-upon basis. 178 Section 7. Section 559.9606, Florida Statutes, is created 179 to read: 180 559.9606 Required disclosure; signs; notice to customers. 181 All vessels used by salvors in connection with performing 182 salvage work shall have signs posted in a manner conspicuous to 183 customers and potential customers and that can be read from 184 customers’ and potential customers’ pleasure vessels. Those 185 signs must inform customers and potential customers that the 186 salvors are professional salvors that charge for their services 187 and that customers and potential customers have a right to a 188 written estimate for the services offered. 189 Section 8. Section 559.9607, Florida Statutes, is created 190 to read: 191 559.9607 Unlawful acts and practices.—It is a violation of 192 this act for a salvor or its employees to: 193 (1) Provide or charge for services that have not been 194 expressly or implicitly authorized by the customer when the 195 customer is present on the pleasure vessel. 196 (2) Misrepresent that a pleasure vessel being inspected is 197 in a dangerous condition or that the customer’s continued use of 198 the pleasure vessel may be hazardous to the customer or cause 199 great damage to, or loss of, the vessel. 200 (3) Fraudulently alter any customer contract, estimate, 201 invoice, or other document. 202 (4) Fraudulently misuse any customer’s credit card. 203 (5) Make or authorize in any manner or by any means 204 whatsoever any written or oral statement which is untrue, 205 deceptive, or misleading, and which is known, or which by the 206 exercise of reasonable care the salvor should know, to be 207 untrue, deceptive, or misleading. 208 (6) Make false statements of a character likely to 209 influence, persuade, or induce a customer to authorize salvage 210 work for a pleasure vessel. 211 (7) Require that any customer waive her or his rights 212 provided in this part as a precondition to performing salvage 213 work. 214 (8) Charge a customer more than 20 percent over the written 215 estimate provided to the customer pursuant to s. 559.9604, 216 unless the salvor has obtained authorization to exceed the 217 written estimate in accordance with s. 559.9605(1). 218 (9) Perform any other act that violates this part or that 219 constitutes fraud or misrepresentation. 220 Section 9. Section 559.9608, Florida Statutes, is created 221 to read: 222 559.9608 Remedies.— 223 (1) Any customer injured by a violation of this part may 224 bring an action in the appropriate court for relief. A customer 225 who prevails in such an action shall be entitled to damages in 226 the amount of three times that charged by the salvor, plus 227 actual damages, court costs, and reasonable attorney fees. The 228 customer may also bring an action for injunctive relief in the 229 circuit court. 230 (2) The remedies provided for in this section shall be in 231 addition to any other remedy provided by law. 232 Section 10. This act shall take effect July 1, 2018.