Other coastal states would do well to look at a Florida law enacted after Hurricane Andrew's catastrophic rampage through the state in 1992, says attorney Richard J. McAlpin, a maritime law expert.

It spells out, as much as any statute can, what a marina can and cannot do with a storm on the way. It can't force boat owners to haul out their boats but it can require them to use certain materials to secure their them and require owners carry insurance.

As long as the marina contract has the right language, it can take "any reasonable steps" to secure vessels, including removing them from the water to hard or dry storage, and charge the owners for it.

"The marina gets almost unlimited immunity from damage caused by the storm as long as it was not intentional or due to negligence," McAlpin says. If the marina drops a boat or uses bad equipment, the marina is responsible.

The trade-off is that Florida Statute 327.59 diminishes the traditional freedom of contract and clearly puts the lives and safety of vessel owners ahead of marina property when a big storm is on the way. That's because prior to Andrew, many marinas required owners to pull their boats out of the water, and folks died trying to comply.

Boat owners have responsibilities under the statute and court interpretations, too. They must properly moor their vessels, remove loose objects and tie down equipment that can't be moved.

"It puts the priority in the right place," McAlpin says of the Florida law. "From there it is trying to balance the rights of the parties and protect the marina."