SB 664 — Salvage of Pleasure Vessels

Florida Senate - 2018 CS for CS for CS for SB 664 By the Committees on Transportation;Rules;

Transportation;

and Senators YoungYoung, Steube, and SteubePerry 596-02449-18595-03549-18 2018664c22018664c3 A bill to be entitled An act relating to the salvage of pleasure vessels;

559.952,559.9602, F.S.;

providing scope and applicability;

requiring salvors of pleasure vessels to provide specified verbalwritten andnotice writtento notice;a customer who is present on a pleasure vessel before engaging in a salvage operation of the vessel;

providing a cause of action and remedies;

1113 Be It Enacted by the Legislature of the State of Florida:

1315 Section 1. Section 559.952,559.9602, Florida Statutes, is created to read:

559.952 Salvage559.9602 Salvage of pleasure vessels.— (1) This section applies to all salvors operating inwithin the waters of this state, except:as defined in s.

327.02(47), except:

(a) “Customer” means the owner of the pleasure vessel or the person towho whomhas abeen salvorgiven offersthe authority by the owner to authorize salvage work.work of the pleasure vessel.

(b) “Employee”(b) “Pleasure vessel” means anany individualwatercraft whono more than 60 feet in length which is employedused fullsolely timefor personal pleasure, family use, or partthe timetransportation byof aexecutives, salvorpersons under the employment, and performsguests salvageof work.the owner.

(c) “Pleasure(c) “Salvage vessel”work” means any watercraftassistance, noservices, morerepairs, thanor 60other feetefforts inrendered lengthby whicha issalvor usedrelating solelyto forsaving, personalpreserving, pleasure, family use, or therescuing transportationa ofpleasure executives,vessel personsor underits thepassengers employment, and guestscrew ofwhich theare owner.in marine peril.

(d) “Salvage work” means any assistance, services, repairs, or other efforts rendered by a salvor relating to saving, preserving, or rescuing a pleasure vessel or its passengers and crew which are in marine peril.

(e) “Salvor”(d) “Salvor” means a person in the business of voluntarily providing assistance, services, repairs, or other efforts relating to saving, preserving, or rescuing a pleasure vessel or the vessel’s passengers and crew which are in marine peril, in exchange for compensation.

(3)(a) Before(3)(a) If the customer is present on the pleasure vessel, before a salvor may engage in the salvage operation of a pleasure vessel, the salvor shallmust provide the customer with verbal and written notice that the service offered is not covered by any towing contract.

The written notice must include the following statement, in capital letters of at least 12-point type:type, and must be signed by the customer:

6365 THE SERVICE OFFERED BY THE SALVOR IS CONSIDERED SALVAGE WORK AND IS NOT COVERED BY ANY TOWING SERVICE CONTRACT.

SALVAGE WORK ALLOWS THE SALVOR TO PRESENT YOU,YOU OR YOUR INSURANCE COMPANY,COMPANY WITH A BILL FOR THE CHARGES AT A LATER DATE.

THE CHARGES COULD AMOUNT TO AS MUCH AS THE ENTIRE VALUE OF YOUR VESSELVESSEL, ANDINCLUDING ITS CONTENTS.GEAR AND EQUIPMENT.

74 IF YOU AGREE TO ALLOW THE SALVOR TO PERFORM THE OFFERED WORK,WORK WITHOUT AN AGREEMENT FOR A FIXED CHARGE FOR THE SALVAGE, YOUR ONLY RECOURSE TO CHALLENGE THE ASSESSED CHARGES IS BY A LAWSUIT IN FEDERAL COURT OR, IF YOU AGREE,AND THE SALVOR AGREE IN WRITING, BY BINDING ARBITRATION.

80 YOU MAY AGREE TO A FIXED CHARGE FOR THE CHARGESSALVAGE WITH THE SALVOR BEFORE WORK BEGINS, AND THATTHE AGREED AMOUNTCHARGE SHALL BE THEDOCUMENTED MAXIMUMON AMOUNT THE SALVORU.S. MAY CHARGE.

YOUOPEN HAVEFORM ASALVAGE RIGHTAGREEMENT TOOR REJECTOTHER THESUCH SALVOR’SSALVAGE OFFERCONTRACT OFSIGNED SERVICESBY IFYOU AND THE SALVORSALVOR. WILL NOT AGREE TO A CHARGE BEFORE BEGINNING WORK.

81YOU (b) TheHAVE salvorA isRIGHT relievedTO ofREJECT providingTHE theSALVOR’S verbalOFFER andOF writtenSERVICES noticeIF pursuantTHE toSALVOR thisWILL subsectionNOT ifAGREE thereTO isA anFIXED imminentCHARGE threatBEFORE ofBEGINNING injuryWORK. or death to any person on board the vessel.

(4)(a) Any87 customerCUSTOMER injuredSIGNATURE:...(Signature by a violation of thiscustomer)... section may bring an action in the appropriate court for relief.

A89 customerDATE:...(Date whosigned prevails in such an action is entitled to damages equal to 1.5 times the amount charged by thecustomer)... salvor, plus actual damages, court costs, and reasonable attorney fees.

TheTIME:...(Time customersigned mayby alsocustomer)... bring an action for injunctive relief in the circuit court.

92 (b) The salvor is relieved of providing the written notice required by this subsection if there is an imminent threat of injury or death to any person on board the pleasure vessel.

The salvor must provide the written notice required by this subsection when there is no longer an imminent threat of injury or death to any person on board the pleasure vessel.

(4)(a) If a written notice is not provided before a salvage operation as required by this section, the owner of a pleasure vessel may bring an action in the appropriate court of competent jurisdiction.

An owner who prevails in such an action is entitled to damages equal to 1.5 times the amount paid or awarded to the salvor, plus court costs and reasonable attorney fees.