Blogs

Yacht Sale Tax Considerations

Perfunctory questions to be asked in a yacht sale is whether the yacht is eligible for sale in the US, and what states sales or use tax will be implicated by a sale. Foreign-built yachts brought into the US for sale or charter must pay a 1.5% customs duty. An exception is if the foreign-flagged yacht is brought into the US for personal use, which in that case, a cruising license can be obtained...

Property Insurance- Hurricanes, Tropical Storms, and Coverage

With the hurricane season in full swing, some homeowners and property owners may not understand all the components in their property insurance policy. An insurer issuing a residential property insurance policy must provide the option for hurricane or windstorm coverage and additionally, an option for the policyholder to clearly exclude that coverage. As for insurable interests and subject...

Pain and Suffering Damages in Florida

In many initial conversations with a case, many clients ask the question, “Well what about my pain and suffering or emotional distress…I have anxiety, loss of sleep, etc., because of all this.” Although unfortunate, these non-economic damages are not always as easy and available as many people think. In the personal injury context, if tortfeasor liability has been established (the...

What does your Sea Tow Contract Say?

So you finally paid the $179 and got yourself the gold membership for Sea Tow for your recreational boat. Remember, your membership is activated within 24 hours from receipt of payment. The membership provides towing coverage for your boat (if registered or owned by you), regardless of who is operating the covered vessel when (I would say the word “if” but any boater knows the word...

Uninsured Motorist Coverage in Florida

Florida requires every motorist on its roads to carry automobile insurance with a minimum of $10,000 for personal injury protection (PIP) and $10,000 for property damage protection. However, Florida does not require motorists to have underinsured or uninsured motorist coverage. Yet, if an insured (non-negligent motorist) obtains uninsured motorist coverage, it permits the insured with the...

Will vs. Trust in Florida

I am often times asked whether a will or trust is appropriate for one's estate planning needs. For various reasons, many people believe that a trust is always the way to go. However, that is not always the case. Here are some considerations to weigh when deciding between a will and trust. Additionally, it is important to note that trust will have a will that pours into the trust so that all...

Navigation Rules on the Florida Waterways

First, an operator of a watercraft must have a proper lookout, go the posted or safe speed, and take all action necessary to avoid a collision. For vessels on the water, there are different rules depending on the type of vessel as follows: Power Vessel v. Power Vessel If both are meeting head on, then the two vessels are to veer to the right. If two vessels are to intersect or cross each other,...

Florida Maritime Boundaries

Although most states have a maritime boundary of three nautical miles from the shoreline, Florida's maritime boundary is not always so. The Atlantic boundary of the state is: ue east to the edge of the Gulf Stream or a distance of three geographic miles whichever is the greater distance; thence in a southerly direction along the edge of the Gulf Stream or along a line three geographic miles...

Florida Boating Laws

Fla. Stat. 327.395 requires any boat operator (if boat has more than 9 horsepower) born on or after January 1, 1988 to have the following: A. Photo ID; and aBoating Safety Identification Card OR B. A State Issued ID card or Driver's License that indicates possession of the Boating Safety Identification Card OR C. Photo ID; and aTemporary Certificate approved by the Commission Exemptions The...

Sales of Vessels

It is important to note that the sale of a vessel and a contract for the construction of a vessel do not fall within the federal court's maritime jurisdiction. However, a contract for the repair of a vessel are deemed a maritime contracts and admiralty law applies. This an area of contention. For example, in one case, where the customization components of a new yacht were in dispute, the court...