SB 92                                            First Engrossed
       
       
       
       
       
       
       
       
       202492e1
       
    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 based on certain criteria; revising
   12         requirements for licensure as a broker; providing an
   13         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:
   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 education credits
   57  approved by the division for at least 2 consecutive years, and
   58  may not be licensed as a broker unless he or she has been
   59  licensed as a salesperson for at least 2 consecutive years.
   60         Section 3. This act shall take effect October 1, 2024.