Florida 2024 2024 Regular Session

Florida House Bill H0095 Introduced / Bill

Filed 10/02/2023

                       
 
HB 95  	2024 
 
 
 
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A bill to be entitled 1 
An act relating to the Yacht and Ship Brokers' Act; 2 
amending s. 326.002, F.S.; revising the definition of 3 
the term "yacht"; amending s. 326.004, F.S.; exempting 4 
a person who conducts business as a broker or 5 
salesperson in another state from licensure in this 6 
state for specified transactions; requiring, rather 7 
than authorizing, the Division of Florida 8 
Condominiums, Timeshares, and Mobile Homes of the 9 
Department of Business and Professional Regulation to 10 
deny licenses for applicants who fail to meet certain 11 
requirements; revising requirements for licensure as a 12 
broker; providing an effective date. 13 
 14 
Be It Enacted by the Legislature of the State of Florida: 15 
 16 
 Section 1.  Subsection (4) of section 326.002, Florida 17 
Statutes, is amended to read: 18 
 326.002  Definitions. —As used in ss. 326.001 -326.006, the 19 
term: 20 
 (4)  "Yacht" means any vessel that which is propelled by 21 
sail or machinery in the water , which exceeds 32 feet in length, 22 
and is: 23 
 (a)  Manufactured or operated primarily for pleasure; or 24 
 (b)  Leased, rented, or chartered to someone other than the 25     
 
HB 95  	2024 
 
 
 
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owner for the other person's pleasure which weighs less than 300 26 
gross tons. 27 
 Section 2.  Subsections (6) and (8) of section 326.004, 28 
Florida Statutes, are amended, and paragraph (f) is added to 29 
subsection (3) of that section, to read: 30 
 326.004  Licensing.— 31 
 (3)  A license is not required for: 32 
 (f)  A person who conducts business as a broker or 33 
salesperson in another state as his or her primary profession 34 
and engages in the purchase or sale of a yacht under this act if 35 
the transaction is executed in its entirety with a broker or 36 
salesperson licensed in this state. 37 
 (6)  The division must may deny a license to any appl icant 38 
who does not meet all of the following requirements : 39 
 (a)  Furnish proof satisfactory to the division that he or 40 
she is of good moral character. 41 
 (b)  Certify that he or she has never been convicted of a 42 
felony. 43 
 (c)  Post the bond required by the Yacht and Ship Brokers' 44 
Act. 45 
 (d)  Demonstrate that he or she is a resident of this state 46 
or that he or she conducts business in this state. 47 
 (e)  Furnish a full set of fingerprints taken within the 6 48 
months immediately p receding the submission of the application. 49 
 (f)  Have a current license and has operated as a broker or 50     
 
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salesperson without a license. 51 
 (8)  A person may not be licensed as a broker unless he or 52 
she has been licensed as a salesperson and can demonstrate t hat 53 
he or she has been directly involved in at least four 54 
transactions that resulted in the sale of a yacht or can certify 55 
that he or she has obtained at least 20 continuing education 56 
credits approved by the division for at least 2 consecutive 57 
years, and may not be licensed as a broker unless he or she has 58 
been licensed as a salesperson for at least 2 consecutive years . 59 
 Section 3.  This act shall take effect October 1, 2024. 60