Florida 2024 Regular Session

Florida House Bill H0095 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to the Yacht and Ship Brokers' Act; 2
1616 amending s. 326.002, F.S.; revising the definition of 3
1717 the term "yacht"; amending s. 326.004, F.S.; exempting 4
1818 a person who conducts business as a broker or 5
1919 salesperson in another state from licensure in this 6
2020 state for specified transactions; requiring, rather 7
2121 than authorizing, the Division of Florida 8
2222 Condominiums, Timeshares, and Mobile Homes of the 9
2323 Department of Business and Professional Regulation to 10
2424 deny licenses for applicants who fail to meet certain 11
2525 requirements; revising requirements for licensure as a 12
2626 broker; providing an effective date. 13
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2828 Be It Enacted by the Legislature of the State of Florida: 15
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3030 Section 1. Subsection (4) of section 326.002, Florida 17
3131 Statutes, is amended to read: 18
3232 326.002 Definitions. —As used in ss. 326.001 -326.006, the 19
3333 term: 20
3434 (4) "Yacht" means any vessel that which is propelled by 21
3535 sail or machinery in the water , which exceeds 32 feet in length, 22
3636 and is: 23
3737 (a) Manufactured or operated primarily for pleasure; or 24
3838 (b) Leased, rented, or chartered to someone other than the 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 owner for the other person's pleasure which weighs less than 300 26
5252 gross tons. 27
5353 Section 2. Subsections (6) and (8) of section 326.004, 28
5454 Florida Statutes, are amended, and paragraph (f) is added to 29
5555 subsection (3) of that section, to read: 30
5656 326.004 Licensing.— 31
5757 (3) A license is not required for: 32
5858 (f) A person who conducts business as a broker or 33
5959 salesperson in another state as his or her primary profession 34
6060 and engages in the purchase or sale of a yacht under this act if 35
6161 the transaction is executed in its entirety with a broker or 36
6262 salesperson licensed in this state. 37
6363 (6) The division must may deny a license to any appl icant 38
6464 who does not meet all of the following requirements : 39
6565 (a) Furnish proof satisfactory to the division that he or 40
6666 she is of good moral character. 41
6767 (b) Certify that he or she has never been convicted of a 42
6868 felony. 43
6969 (c) Post the bond required by the Yacht and Ship Brokers' 44
7070 Act. 45
7171 (d) Demonstrate that he or she is a resident of this state 46
7272 or that he or she conducts business in this state. 47
7373 (e) Furnish a full set of fingerprints taken within the 6 48
7474 months immediately p receding the submission of the application. 49
7575 (f) Have a current license and has operated as a broker or 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 salesperson without a license. 51
8989 (8) A person may not be licensed as a broker unless he or 52
9090 she has been licensed as a salesperson and can demonstrate t hat 53
9191 he or she has been directly involved in at least four 54
9292 transactions that resulted in the sale of a yacht or can certify 55
93-that he or she has obtained at least 20 education credits 56
94-approved by the division for at least 2 consecutive years, and 57
95-may not be licensed as a broker unless he or she has been 58
96-licensed as a salesperson for at least 2 consecutive years . 59
93+that he or she has obtained at least 20 continuing education 56
94+credits approved by the division for at least 2 consecutive 57
95+years, and may not be licensed as a broker unless he or she has 58
96+been licensed as a salesperson for at least 2 consecutive years . 59
9797 Section 3. This act shall take effect October 1, 2024. 60