HB 529 — Yacht and Ship Brokers Located Out of State

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 HB529CS/HB529 2022 A bill to be entitled An act relating to theyacht Yacht and Shipship Brokers'brokers Act;located out of state;

326.002, F.S.;

redefining the term "yacht" to include vessels longer than a specified length which are manufactured or operated primarily for pleasure or are leased, rented, or chartered for pleasure;

amending s.

exempting a person who regularly conducts business as a yacht or ship broker or salesperson in another state from licensure for specified transactions;

requiring,providing ratheran thanexception; authorizing, the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation to deny licenses for applicants who fail to meet certain requirements;

revising requirements for licensure as a broker;

requiring the division to adopt a complaint form for alleged violations of the act;

providing requirements for the form;

requiring the division to commence an investigation within a specified timeframe after receiving a complaint form;

requiring the division to take certain actions if the division determines that a broker or salesperson violated the act;

deleting a provision requiring the division to adopt rules relating to temporary licenses;

Page9 1ofBe 4It CODING:Enacted by the Legislature of the State of Florida:

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words underlined are additions.

hb0529-00 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 HB529 2022 Be It Enacted by the Legislature of the State of Florida:

SubsectionParagraph (4)(f) is added to subsection (3) of section 326.002,326.004, Florida Statutes, is amended to read:

326.002 Definitions.—As used in ss.

326.001-326.006, the term:

(4) "Yacht" means any vessel which is propelled by sail or machinery in the water which exceeds 32 feet in length, and is:

(a) Manufactured or operated primarily for pleasure;

or (b) Leased, rented, or chartered to someone other than the owner for the other person's pleasure which weighs less than 300 gross tons.

Section 2.

Subsections (6), (8), and (15) of section 326.004, Florida Statutes, are amended, and paragraph (f) is added to subsection (3) of that section, to read:

(f) A person who regularly conducts business as a yacht or ship broker or salesperson in another state aswho his or her primary profession and engages in the purchase or sale of a yacht under this act if the transaction is executed in its entirety with a broker or salesperson licensed in this state.

(6)This Thelimitation divisiondoes shallnot mayapply denyto a licenseduly tolicensed anyattorney. applicant who does not:

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This act shall take effect upon becoming a law.

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hb0529-00hb0529-01-c1 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 HB529 2022 (a) Furnish proof satisfactory to the division that he or she is of good moral character.

(b) Certify that he or she has never been convicted of a felony.

(c) Post the bond required by the Yacht and Ship Brokers' Act.

(d) Demonstrate that he or she is a resident of this state or that he or she conducts business in this state.

(e) Furnish a full set of fingerprints taken within the 6 months immediately preceding the submission of the application.

(f) Have a current license and has operated as a broker or salesperson without a license.

(8) A person may not be licensed as a broker unless he or she has been licensed as a salesperson for at least 2 consecutive years and can demonstrate that he or she has been directly involved in at least four transactions that resulted in the sale of a yacht or can certify that he or she has obtained 20 continuing education credits approved by the division, and may not be licensed as a broker unless he or she has been licensed as a salesperson for at least 2 consecutive years.

(15) The division shall adopt provide by rule a complaint form for alleged violations of this chapter by a licensed broker or salesperson.

Any person may submit a complaint form, which must require the person to provide detailed facts of the alleged violation.

The division shall commence an investigation within Page 3of 4 CODING:

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