Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. CS for SB 664 Ì642094.Î642094 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (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 559.952, Florida Statutes, is created to 6 read: 7 559.952 Salvage of pleasure vessels.— 8 (1) This section applies to all salvors operating in this 9 state, 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 person to whom a salvor offers 31 salvage work. 32 (b) “Employee” means an individual who is employed full 33 time or part time by a salvor and performs salvage work. 34 (c) “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 (d) “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 (e) “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) Before a salvor may engage in the salvage operation 49 of a pleasure vessel, the salvor shall provide the customer with 50 verbal and written notice that the service offered is not 51 covered by any towing contract. The written notice must include 52 the following statement, in capital letters of at least 12-point 53 type: 54 55 THE SERVICE OFFERED BY THE SALVOR IS CONSIDERED SALVAGE 56 WORK AND IS NOT COVERED BY ANY TOWING SERVICE CONTRACT. SALVAGE 57 WORK ALLOWS THE SALVOR TO PRESENT YOU, OR YOUR INSURANCE 58 COMPANY, WITH A BILL FOR THE CHARGES AT A LATER DATE. THE SALVOR 59 SHALL CALCULATE THE CHARGES ACCORDING TO FEDERAL SALVAGE LAW AND 60 SUCH 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 AND ITS CONTENTS. 63 IF YOU AGREE TO ALLOW THE SALVOR TO PERFORM THE OFFERED 64 WORK, YOUR ONLY RECOURSE TO CHALLENGE THE ASSESSED CHARGES IS BY 65 A LAWSUIT IN FEDERAL COURT OR, IF YOU AGREE, BY BINDING 66 ARBITRATION. 67 YOU MAY AGREE TO THE CHARGES WITH THE SALVOR BEFORE WORK 68 BEGINS, AND THAT AGREED AMOUNT SHALL BE THE MAXIMUM AMOUNT THE 69 SALVOR MAY CHARGE. YOU HAVE A RIGHT TO REJECT THE SALVOR’S OFFER 70 OF SERVICES IF THE SALVOR WILL NOT AGREE TO A CHARGE BEFORE 71 BEGINNING WORK. 72 73 (b) The salvor is relieved of providing the verbal and 74 written notice pursuant to this subsection if there is an 75 imminent threat of injury or death to any person on board the 76 vessel. 77 (4)(a) Any customer injured by a violation of this section 78 may bring an action in the appropriate court for relief. A 79 customer who prevails in such an action is entitled to damages 80 equal to 1.5 times the amount charged by the salvor, plus actual 81 damages, court costs, and reasonable attorney fees. The customer 82 may also bring an action for injunctive relief in the circuit 83 court. 84 (b) The remedies provided for in this subsection shall be 85 in addition to any other remedy provided by law. 86 Section 2. This act shall take effect July 1, 2018. 87 88 ================= T I T L E A M E N D M E N T ================ 89 And the title is amended as follows: 90 Delete everything before the enacting clause 91 and insert: 92 A bill to be entitled 93 An act relating to the salvage of pleasure vessels; 94 creating s. 559.952, F.S.; providing scope and 95 applicability; providing definitions; requiring 96 salvors of pleasure vessels to provide specified 97 verbal and written notice; providing an exception; 98 providing remedies; specifying that such remedies are 99 in addition to others provided by law; providing an 100 effective date.