Florida Senate - 2022                                     SB 820
       
       
        
       By Senator Hooper
       
       
       
       
       
       16-00325-22                                            2022820__
    1                        A bill to be entitled                      
    2         An act relating to the Yacht and Ship Brokers’ Act;
    3         amending s. 326.002, F.S.; redefining the term “yacht”
    4         to include vessels longer than a specified length
    5         which are manufactured or operated primarily for
    6         pleasure or are leased, rented, or chartered for
    7         pleasure; amending s. 326.004, F.S.; exempting a
    8         person who conducts business as a broker or
    9         salesperson in another state from licensure for
   10         specified transactions; requiring, rather than
   11         authorizing, the Division of Florida Condominiums,
   12         Timeshares, and Mobile Homes of the Department of
   13         Business and Professional Regulation to deny licenses
   14         for applicants who fail to meet certain requirements;
   15         revising requirements for licensure as a broker;
   16         requiring the division to adopt a complaint form for
   17         alleged violations of the act; providing requirements
   18         for the form; requiring the division to commence an
   19         investigation within a specified timeframe after
   20         receiving a complaint form; requiring the division to
   21         take certain actions if the division determines that a
   22         broker or salesperson violated the act; deleting a
   23         provision requiring the division to adopt rules
   24         relating to temporary licenses; providing an effective
   25         date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (4) of section 326.002, Florida
   30  Statutes, is amended to read:
   31         326.002 Definitions.—As used in ss. 326.001-326.006, the
   32  term:
   33         (4) “Yacht” means any vessel which is propelled by sail or
   34  machinery in the water which exceeds 32 feet in length, and is:
   35         (a) Manufactured or operated primarily for pleasure; or
   36         (b) Leased, rented, or chartered to someone other than the
   37  owner for the other person’s pleasure which weighs less than 300
   38  gross tons.
   39         Section 2. Subsections (6), (8), and (15) of section
   40  326.004, Florida Statutes, are amended, and paragraph (f) is
   41  added to subsection (3) of that section, to read:
   42         326.004 Licensing.—
   43         (3) A license is not required for:
   44         (f) A person who conducts business as a broker or
   45  salesperson in another state as his or her primary profession
   46  and engages in the purchase or sale of a yacht under this act if
   47  the transaction is executed in its entirety with a broker or
   48  salesperson licensed in this state.
   49         (6) The division shall may deny a license to any applicant
   50  who does not:
   51         (a) Furnish proof satisfactory to the division that he or
   52  she is of good moral character.
   53         (b) Certify that he or she has never been convicted of a
   54  felony.
   55         (c) Post the bond required by the Yacht and Ship Brokers’
   56  Act.
   57         (d) Demonstrate that he or she is a resident of this state
   58  or that he or she conducts business in this state.
   59         (e) Furnish a full set of fingerprints taken within the 6
   60  months immediately preceding the submission of the application.
   61         (f) Have a current license and has operated as a broker or
   62  salesperson without a license.
   63         (8) A person may not be licensed as a broker unless he or
   64  she has been licensed as a salesperson for at least 2
   65  consecutive years and can demonstrate that he or she has been
   66  directly involved in at least four transactions that resulted in
   67  the sale of a yacht or can certify that he or she has obtained
   68  20 continuing education credits approved by the division, and
   69  may not be licensed as a broker unless he or she has been
   70  licensed as a salesperson for at least 2 consecutive years.
   71         (15) The division shall adopt provide by rule a complaint
   72  form for alleged violations of this chapter by a licensed broker
   73  or salesperson. Any person may submit a complaint form, which
   74  must require the person to provide detailed facts of the alleged
   75  violation. The division shall commence an investigation within
   76  15 days after receiving a complaint form and must suspend or
   77  revoke a broker’s or salesperson’s license, or otherwise
   78  discipline the licensee, if the division determines that the
   79  broker or salesperson violated this chapter for the issuance of
   80  a temporary 90-day license to an applicant while the Florida
   81  Department of Law Enforcement conducts a national criminal
   82  history analysis of the applicant by means of fingerprint
   83  identification.
   84         Section 3. This act shall take effect October 1, 2022.