Bill Text: FL S0664 | 2018 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Salvage of Pleasure Vessels

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-03-10 - Died on Calendar [S0664 Detail]

Download: Florida-2018-S0664-Comm_Sub.html

---

       Florida Senate - 2018                              CS for SB 664
       
       
        
       By the Committee on Commerce and Tourism; and Senators Young and
       Steube
       
       
       
       
       577-01778-18                                           2018664c1
    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 change the title of part XII of chapter 559, Florida
   27  Statutes, from “Miscellaneous Provisions” to “Internet Sales,”
   28  and to create a new part XIII of chapter 559, Florida Statutes,
   29  consisting of ss. 559.9601-559.9608, Florida Statutes, to be
   30  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         (5) Any person who is in the business of recovering,
   56  storing, or selling pleasure vessels on behalf of insurance
   57  companies that insure the vessels.
   58         Section 4. Section 559.9603, Florida Statutes, is created
   59  to read:
   60         559.9603 Definitions.—As used in this part, the term:
   61         (1) “Customer” means the person who requests or signs the
   62  written salvage estimate or is entitled to receive a written
   63  salvage estimate, or any other person whom the person who
   64  requests, signs, or is entitled to receive the written salvage
   65  estimate designates on the written salvage estimate as a person
   66  who may authorize salvage work.
   67         (2) “Employee” means an individual who is employed full
   68  time or part-time by a salvor and performs salvage work.
   69         (3) “Pleasure vessel” means any watercraft no more than 60
   70  feet in length which is used solely for personal pleasure,
   71  family use, or the transportation of executives, persons under
   72  the employment, and guests of the owner.
   73         (4) “Salvage work” means any assistance, services, repairs,
   74  or other efforts rendered by a salvor relating to saving,
   75  preserving, or rescuing a pleasure vessel or its passengers and
   76  crew which are in marine peril. Salvage work does not include
   77  towing a pleasure vessel.
   78         (5) “Salvor” means a person in the business of voluntarily
   79  providing assistance, services, repairs, or other efforts
   80  relating to saving, preserving, or rescuing a pleasure vessel or
   81  the vessel’s passengers and crew which are in marine peril, in
   82  exchange for compensation.
   83         Section 5. Section 559.9604, Florida Statutes, is created
   84  to read:
   85         559.9604 Written disclosure statement and salvage work
   86  estimate.—
   87         (1) If the cost of salvage work may exceed $500 and the
   88  customer is present on the vessel, the salvor must present to
   89  the customer a written notice conspicuously disclosing in a
   90  separate, blocked section only the following statement, in
   91  capital letters of at least 12-point type:
   92  
   93  PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND
   94  SIGN:
   95         I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A
   96  WRITTEN ESTIMATE IF MY FINAL BILL MAY EXCEED $500.
   97  
   98         .... I REQUEST A WRITTEN ESTIMATE.
   99  
  100         .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE
  101  SALVAGE CHARGES DO NOT EXCEED $..... THE SALVOR MAY NOT EXCEED
  102  THIS AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.
  103  
  104         .... I DO NOT REQUEST A WRITTEN ESTIMATE.
  105  
  106  SIGNED ............                                    DATE ....
  107  
  108         (2) When a customer requests an estimate for the cost of
  109  salvage work any time before or during the rendering of any
  110  salvage work by a salvor, the salvor shall prepare a written
  111  estimate for the costs of its services, in a form stating the
  112  estimated cost of salvage work, including the cost of any
  113  inspections or diagnostic work. The written salvage estimate
  114  must also include the following items:
  115         (a) The name, address, and telephone number of the salvor’s
  116  business.
  117         (b) The name, address, and telephone number of the
  118  customer.
  119         (c) The date and time of the written salvage estimate.
  120         (d) A general description of the pleasure vessel.
  121         (e) A general description of the customer’s problem or
  122  request for repair work or service relating to the pleasure
  123  vessel.
  124         (f) A statement as to the basis on which the customer is
  125  being charged, such as a flat rate, an hourly rate, or both.
  126         (g) The estimated cost of the salvage work. If the salvor
  127  does not possess sufficient information concerning the source,
  128  cause, or nature of the marine peril to formulate an estimate
  129  for the salvage work, the salvor must provide the customer an
  130  estimate for the effort required to determine the source, cause,
  131  or nature of the marine peril in accordance with this section.
  132  At such time that the salvor has sufficient information to
  133  provide an estimate for the cost of the salvage work, the salvor
  134  shall provide that estimate according to this section.
  135         (h) A statement indicating the daily charge for storing the
  136  customer’s pleasure vessel if it is to be towed or otherwise
  137  transported to a different location than where the salvor
  138  performs the salvage work.
  139         (i) A cancellation fee, as determined by the salvor, in the
  140  event a customer cancels the order for services in accordance
  141  with s. 559.9605(1).
  142         (3) A copy of the disclosure statement required by
  143  subsection (1) and, if requested, the written salvage estimate
  144  required by subsection (2) must be given to the customer before
  145  salvage work begins. The disclosure statement may be provided on
  146  the same form as the written estimate.
  147         (4) This section may not be construed to require a salvor
  148  to give a written estimated price if the salvor does not agree
  149  to provide any assistance, service, repairs, or other effort to
  150  a potential customer.
  151         (5) A customer may cancel the salvage work at any time.
  152         Section 6. Section 559.9605, Florida Statutes, is created
  153  to read:
  154         559.9605 Notification of charges in excess of salvage
  155  estimate; unlawful charges.—
  156         (1) If a determination is made by a salvor that the actual
  157  charges for the assistance, service, or repair work will exceed
  158  the written estimate by more than 20 percent, the customer must
  159  be promptly verbally notified of the additional estimated
  160  charge. A customer so notified may, orally or in writing,
  161  authorize, modify, or cancel the order for salvage. Except as
  162  specified in this section, the salvor may only continue work on
  163  the pleasure vessel upon authorization from the customer and
  164  work must continue only within the scope the customer
  165  authorized.
  166         (2) If a customer cancels the order for salvage after being
  167  advised that salvage work which she or he has authorized cannot
  168  be accomplished within the previously authorized estimate, the
  169  salvor must expeditiously place the pleasure vessel back into a
  170  condition reasonably similar to the condition in which it was
  171  received unless:
  172         (a) The customer waives that effort; or
  173         (b) To do so would be unsafe.
  174  
  175  After cancellation of the salvor’s service, the salvor may
  176  charge for salvage work provided up to the point of
  177  cancellation, but the salvor’s charge may not exceed the
  178  cancellation fee agreed to by the salvor pursuant to s.
  179  559.9604(2)(i). The salvor may only charge for any work
  180  undertaken on the agreed-upon basis.
  181         Section 7. Section 559.9606, Florida Statutes, is created
  182  to read:
  183         559.9606 Required disclosure; signs; notice to customers.
  184  All vessels used by salvors in connection with performing
  185  salvage work shall have signs posted in a manner conspicuous to
  186  customers and potential customers and that can be read from
  187  customers’ and potential customers’ pleasure vessels. Those
  188  signs must inform customers and potential customers that the
  189  salvors are professional salvors that charge for their services
  190  and that customers and potential customers have a right to a
  191  written estimate for the services offered.
  192         Section 8. Section 559.9607, Florida Statutes, is created
  193  to read:
  194         559.9607 Unlawful acts and practices.—It is a violation of
  195  this act for a salvor or its employees to:
  196         (1) Provide or charge for services that have not been
  197  expressly or implicitly authorized by the customer when the
  198  customer is present on the pleasure vessel.
  199         (2) Misrepresent that a pleasure vessel being inspected is
  200  in a dangerous condition or that the customer’s continued use of
  201  the pleasure vessel may be hazardous to the customer or cause
  202  great damage to, or loss of, the vessel.
  203         (3) Fraudulently alter any customer contract, estimate,
  204  invoice, or other document.
  205         (4) Fraudulently misuse any customer’s credit card.
  206         (5) Make or authorize in any manner or by any means
  207  whatsoever any written or oral statement which is untrue,
  208  deceptive, or misleading, and which is known, or which by the
  209  exercise of reasonable care the salvor should know, to be
  210  untrue, deceptive, or misleading.
  211         (6) Make false statements of a character likely to
  212  influence, persuade, or induce a customer to authorize salvage
  213  work for a pleasure vessel.
  214         (7) Require that any customer waive her or his rights
  215  provided in this part as a precondition to performing salvage
  216  work.
  217         (8) Charge a customer more than 20 percent over the written
  218  estimate provided to the customer pursuant to s. 559.9604,
  219  unless the salvor has obtained authorization to exceed the
  220  written estimate in accordance with s. 559.9605(1).
  221         (9) Perform any other act that violates this part or that
  222  constitutes fraud or misrepresentation.
  223         Section 9. Section 559.9608, Florida Statutes, is created
  224  to read:
  225         559.9608 Remedies.—
  226         (1) Any customer injured by a violation of this part may
  227  bring an action in the appropriate court for relief. A customer
  228  who prevails in such an action shall be entitled to damages in
  229  the amount of three times that charged by the salvor, plus
  230  actual damages, court costs, and reasonable attorney fees. The
  231  customer may also bring an action for injunctive relief in the
  232  circuit court.
  233         (2) The remedies provided for in this section shall be in
  234  addition to any other remedy provided by law.
  235         Section 10. This act shall take effect July 1, 2018.