Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 406
Ì6866425Î686642
LEGISLATIVE ACTION
Senate . House
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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.