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: 31 326.002Definitions.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 persons 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: 42 326.004Licensing. 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 brokers or salespersons 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.