Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 406
       
       
       
       
       
       
                                Ì6866425Î686642                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/29/2023           .                                
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       The Committee on Regulated Industries (Hooper) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 27 - 2400
    4  and insert:
    5         Section 1. Present subsections (3), (4), and (5) of section
    6  326.002, Florida Statutes, are redesignated as subsections (4),
    7  (6), and (3), respectively, a new subsection (5) is added to
    8  that section, and present subsection (4) of that section is
    9  amended, to read:
   10         326.002 Definitions.—As used in ss. 326.001-326.006, the
   11  term:
   12         (5)“Visiting broker” means a person who conducts business
   13  as a broker or salesperson in another state as his or her
   14  primary profession and engages in the purchase or sale of a
   15  yacht under this act if the transaction is executed in its
   16  entirety with a broker or salesperson licensed in this state.
   17         (6)(4) “Yacht” means any vessel which is propelled by sail
   18  or machinery in the water which exceeds 32 feet in length, and
   19  is:
   20         (a)Manufactured or operated primarily for pleasure; or
   21         (b)Leased, rented, or chartered to a person other than the
   22  owner for such person’s pleasure which weighs less than 300
   23  gross tons.
   24         Section 2. Subsections (6), (8), and (15) of section
   25  326.004, Florida Statutes, are amended, and paragraph (f) is
   26  added to subsection (3) of that section, to read:
   27         326.004 Licensing.—
   28         (3) A license is not required for:
   29         (f)A visiting broker who engages in the purchase or sale
   30  of a yacht under this act if the transaction is executed in its
   31  entirety with a broker or salesperson licensed in this state.
   32         (6) The division shall may deny a license to any applicant
   33  who does not:
   34         (a) Furnish proof satisfactory to the division that he or
   35  she is of good moral character.
   36         (b) Certify that he or she has never been convicted of a
   37  felony.
   38         (c) Post the bond required by the Yacht and Ship Brokers’
   39  Act.
   40         (d) Demonstrate that he or she is a resident of this state
   41  or that he or she conducts business in this state.
   42         (e) Furnish a full set of fingerprints taken within the 6
   43  months immediately preceding the submission of the application.
   44         (f) Have a current license and has operated as a broker or
   45  salesperson without a license.
   46         (8) A person may not be licensed as a broker unless he or
   47  she:
   48         (a) Has been a salesperson for at least 2 consecutive
   49  years;, and
   50         (b)1.Can demonstrate that he or she has been directly
   51  involved in at least four transactions that resulted in the sale
   52  of a yacht during the 2 years preceding the date of the license
   53  application; or
   54         2.Can certify that he or she has completed 20 hours of
   55  education, in-person or online, from a provider approved by the
   56  division, as provided under ss. 455.2178 and 455.2179, regarding
   57  the state laws, rules, and ethics relating to the professional
   58  standards of practice, duties, and responsibilities of a
   59  licensee may not be licensed as a broker unless he or she has
   60  been licensed as a salesperson for at least 2 consecutive years.
   61         (15)The division shall provide by rule for the issuance of
   62  a temporary 90-day license to an applicant while the Florida
   63  Department of Law Enforcement conducts a national criminal
   64  history analysis of the applicant by means of fingerprint
   65  identification.
   66  
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69         Delete lines 3 - 23
   70  and insert:
   71         326.002, F.S.; defining the term “visiting broker”;
   72         revising the definition of the term “yacht”; amending
   73         s. 326.004, F.S.; exempting a visiting broker from
   74         licensure for specified transactions; requiring,
   75         rather than authorizing, the Division of Florida
   76         Condominiums, Timeshares, and Mobile Homes of the
   77         Department of Business and Professional Regulation to
   78         deny licenses for applicants who fail to meet certain
   79         requirements; revising requirements for licensure as a
   80         broker; removing a provision requiring the division to
   81         adopt rules relating to temporary licenses; providing
   82         an effective date.