Florida Senate - 2024 SB 92
By Senator Hooper
21-00176-24 202492__
1 A bill to be entitled
2 An act relating to the Yacht and Ship Brokers’ Act;
3 amending s. 326.002, F.S.; revising the definition of
4 the term “yacht”; amending s. 326.004, F.S.; exempting
5 a person who conducts business as a broker or
6 salesperson in another state from licensure in this
7 state for specified transactions; requiring, rather
8 than authorizing, the Division of Florida
9 Condominiums, Timeshares, and Mobile Homes of the
10 Department of Business and Professional Regulation to
11 deny licenses for applicants who fail to meet certain
12 requirements; revising requirements for licensure as a
13 broker; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (4) of section 326.002, Florida
18 Statutes, is amended to read:
19 326.002 Definitions.—As used in ss. 326.001-326.006, the
20 term:
21 (4) “Yacht” means any vessel that which is propelled by
22 sail or machinery in the water, which exceeds 32 feet in length,
23 and is:
24 (a) Manufactured or operated primarily for pleasure; or
25 (b) Leased, rented, or chartered to someone other than the
26 owner for the other person’s pleasure which weighs less than 300
27 gross tons.
28 Section 2. Subsections (6) and (8) of section 326.004,
29 Florida Statutes, are amended, and paragraph (f) is added to
30 subsection (3) of that section, to read:
31 326.004 Licensing.—
32 (3) A license is not required for:
33 (f) A person who conducts business as a broker or
34 salesperson in another state as his or her primary profession
35 and engages in the purchase of a yacht under this act, if the
36 transaction is executed in its entirety with a broker or
37 salesperson licensed in this state.
38 (6) The division must may deny a license to any applicant
39 who does not meet all of the following requirements:
40 (a) Furnish proof satisfactory to the division that he or
41 she is of good moral character.
42 (b) Certify that he or she has never been convicted of a
43 felony.
44 (c) Post the bond required by the Yacht and Ship Brokers’
45 Act.
46 (d) Demonstrate that he or she is a resident of this state
47 or that he or she conducts business in this state.
48 (e) Furnish a full set of fingerprints taken within the 6
49 months immediately preceding the submission of the application.
50 (f) Have a current license and has operated as a broker or
51 salesperson without a license.
52 (8) A person may not be licensed as a broker unless he or
53 she has been licensed as a salesperson and can demonstrate that
54 he or she has been directly involved in at least four
55 transactions that resulted in the sale of a yacht or can certify
56 that he or she has obtained at least 20 continuing education
57 credits approved by the division for at least 2 consecutive
58 years, and may not be licensed as a broker unless he or she has
59 been licensed as a salesperson for at least 2 consecutive years.
60 Section 3. This act shall take effect October 1, 2024.