Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 7054
Ì274560#Î274560
LEGISLATIVE ACTION
Senate . House
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Appropriations Subcommittee on Transportation, Tourism, and
Economic Development (Lee) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 332 and 333
4 insert:
5 Section 9. Subsection (1) of section 327.59, Florida
6 Statutes, is amended, and subsection (5) is added to that
7 section, to read:
8 327.59 Marina evacuations.—
9 (1) Except as provided in this section After June 1, 1994,
10 marinas may not adopt, maintain, or enforce policies pertaining
11 to evacuation of vessels which require vessels to be removed
12 from marinas following the issuance of a hurricane watch or
13 warning, in order to ensure that protecting the lives and safety
14 of vessel owners is placed before interests of protecting
15 property.
16 (5) Upon the issuance of a hurricane watch affecting the
17 waters of marinas located in a deepwater seaport, vessels under
18 500 gross tons may not remain in the waters of such marinas that
19 have been deemed not suitable for refuge during a hurricane.
20 Vessel owners shall promptly remove their vessels from the
21 waterways upon issuance of an evacuation order by the deepwater
22 seaport. If the United States Coast Guard captain of the port
23 sets the port condition to “Yankee” and a vessel owner has
24 failed to remove a vessel from the waterway, the marina owner,
25 operator, employee, or agent, regardless of any existing
26 contractual provisions between the marina owner and the vessel
27 owner, shall remove the vessel, or cause the vessel to be
28 removed, if reasonable, from its slip and may charge the vessel
29 owner a reasonable fee for any such services rendered. A marina
30 owner, operator, employee, or agent may not be held liable for
31 any damage incurred to a vessel from a hurricane and is held
32 harmless as a result of such actions to remove the vessel from
33 the waterways. Nothing in this section may be construed to
34 provide immunity to a marina owner, operator, employee, or agent
35 for any damage caused by intentional acts or negligence when
36 removing a vessel pursuant to this section. After the hurricane
37 watch has been issued, the owner or operator of any vessel that
38 has not been removed from the waterway of the marina, pursuant
39 to an order from the deepwater seaport, may be subject to a
40 fine, which must be imposed and collected by the deepwater
41 seaport that issued the evacuation order if assessed, in an
42 amount not exceeding three times the cost associated with
43 removing the vessel from the waterway.
44
45 ================= T I T L E A M E N D M E N T ================
46 And the title is amended as follows:
47 Delete line 26
48 and insert:
49 Transportation Trust Fund; amending s. 327.59, F.S.;
50 prohibiting vessels under a specified weight from
51 remaining in certain marinas that have been deemed
52 unsuitable for refuge during a hurricane after the
53 issuance of a hurricane watch; requiring a marina
54 owner, operator, employee, or agent to remove
55 specified vessels under certain circumstances;
56 providing that such owner, operator, employee, or
57 agent may charge the vessel owner a reasonable fee for
58 such removal and may not be held liable for any
59 damages as a result of such removal; providing
60 construction; providing that the owners or operators
61 of certain vessels may be subject to a fine that the
62 deepwater seaport issuing an evacuation order is
63 required to impose and collect; amending s. 333.03,
64 F.S.;