Question of the Week
Can a Florida marina owner or operator secure or remove vessels from the marina when a tropical storm or hurricane watch is issued?
The emergence of Hurricane Bertha in the Atlantic is a reminder that another hurricane season is upon us. Florida marina owners should have a hurricane plan in place to reduce the risk of catastrophic damage. In developing an effective hurricane plan, it is important for marina owners to understand their legal rights with respect to boats docked at their marinas.
Historically, Florida law favored boat owners over marinas. Since 1994, Florida Statutes Section 327.59 has prohibited marinas from requiring vessel owners to remove their vessels following the issuance of a hurricane watch or warning. This prohibition is based on a public policy of placing the personal safety of the boat owner in such perilous times ahead of the property interests of the marina owner.
The hurricanes of 2004 resulted in extensive damage to a number of marinas on Florida’s East Coast, with much of the damage resulting from boats left in their slips battering the docks. Marina owners appealed to State legislators for help, and the Florida Legislature responded by amending Florida Statutes Section 327.59 in 2006 to provide greater flexibility to marina owners while still retaining safeguards for the personal safety of boat owners.
A marina owner or operator now may remove a vessel from its slip, or take whatever other reasonable actions are deemed necessary to properly secure the vessel to minimize damage to the vessel and to protect marina property, private property and the environment, if a hurricane or tropical storm watch is issued and the vessel owner does not remove his or her vessel. The marina owner also may charge the vessel owner a reasonable fee for such services. The marina owner’s right to remove or secure vessels is not automatic – the marina owner must include the statutory form of notice of this right in its contract with the boat owner to be able to exercise this right.
Now that we are in hurricane season, marina owners should make certain that they have included the statutory notice requirements in their leases and other agreements, and they should determine in advance how they will secure boats that are left in their slips, and what they will do with vessels that they plan to remove from slips to protect marina property, private property and the environment.
For more information, contact Michael Sim.
