Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. CS for CS for SB 664 Ì694526;Î694526 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 7 559.9602 Salvage 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.