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
HB 83 2023
1 A bill to be entitled
2 An act relating to the yacht and ship brokers;
3 amending s. 20.165, F.S.; renaming the Division of
4 Florida Condominiums, Timeshares, and Mobile Homes
5 within the Department of Business and Professional
6 Regulation as the Division of Florida Condominiums,
7 Timeshares, Yacht Brokers, and Mobile Homes; amending
8 s. 326.002, F.S.; revising and providing definitions;
9 amending s. 326.004, F.S.; exempting a visiting broker
10 from licensure for specified transactions; requiring,
11 rather than authorizing, the division to deny licenses
12 for applicants who fail to meet certain requirements;
13 revising requirements for licensure as a broker;
14 removing a provision requiring the division to adopt
15 rules relating to temporary licenses; amending ss.
16 192.037, 213.053, 326.006, 455.116, 475.455, 509.512,
17 559.935, 718.103, 718.105, 718.1255, 718.501,
18 718.5011, 718.502, 718.503, 718.504, 718.508, 718.509,
19 718.608, 719.103, 719.1255, 719.501, 719.502, 719.504,
20 719.508, 719.608, 720.301, 721.05, 721.07, 721.08,
21 721.26, 721.28, 721.301, 723.003, 723.006, 723.009,
22 723.0611; conforming provisions to changes made by the
23 act; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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26
27 Section 1. Paragraph (e) of subsection (2) of section
28 20.165, Florida Statutes, is amended to read:
29 20.165 Department of Business and Professional
30 Regulation.—There is created a Department of Business and
31 Professional Regulation.
32 (2) The following divisions of the Department of Business
33 and Professional Regulation are established:
34 (e) Division of Florida Condominiums, Timeshares, Yacht
35 Brokers, and Mobile Homes.
36 Section 2. Subsections (4) and (5) of section 326.002,
37 Florida Statutes, are renumbered as subsections (6) and (3),
38 respectively, subsection (2) and present subsection (4) are
39 amended, and a new subsection (4) is added to that section, to
40 read:
41 326.002 Definitions.—As used in ss. 326.001-326.006, the
42 term:
43 (2) "Division" means the Division of Florida Condominiums,
44 Timeshares, Yacht Brokers, and Mobile Homes of the Department of
45 Business and Professional Regulation.
46 (4) "Visiting Broker" means a person who conducts business
47 as a broker or salesperson in another state as his or her
48 primary profession and engages in the purchase or sale of a
49 yacht under this act if the transaction is executed in its
50 entirety with a broker or salesperson licensed in this state.
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51 (6)(4) "Yacht" means any vessel which is propelled by sail
52 or machinery in the water which exceeds 32 feet in length, and
53 is:
54 (a) Manufactured or operated primarily for pleasure; or
55 (b) Leased, rented, or chartered to a person other than
56 the owner for such person's pleasure which weighs less than 300
57 gross tons.
58 Section 3. Subsections (6), (8), and (15) of section
59 326.004, Florida Statutes, are amended, and paragraph (f) is
60 added to subsection (3) of that section, to read:
61 326.004 Licensing.—
62 (3) A license is not required for:
63 (f) A visiting broker who engages in the purchase or sale
64 of a yacht under this act, if the transaction is executed in its
65 entirety with a broker or a salesperson licensed in this state.
66 (6) The division shall may deny a license to any applicant
67 who does not:
68 (a) Furnish proof satisfactory to the division that he or
69 she is of good moral character.
70 (b) Certify that he or she has never been convicted of a
71 felony.
72 (c) Post the bond required by the Yacht and Ship Brokers'
73 Act.
74 (d) Demonstrate that he or she is a resident of th is state
75 or that he or she conducts business in this state.
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76 (e) Furnish a full set of fingerprints taken within the 6
77 months immediately preceding the submission of the application.
78 (f) Have a current license and has operated as a broker or
79 salesperson without a license.
80 (8) A person may not be licensed as a broker unless he or
81 she:
82 (a) Has been a salesperson for at least 2 consecutive
83 years;, and
84 (b)1. Can demonstrate that he or she has been directly
85 involved in at least four transactions that resulted in the sale
86 of a yacht; or
87 2. Can certify that he or she has obtained 20 continuing
88 education credits approved by the division may not be licensed
89 as a broker unless he or she has been licensed as a salesperson
90 for at least 2 consecutive years.
91 (15) The division shall provide by rule for the issuance
92 of a temporary 90-day license to an applicant while the Florida
93 Department of Law Enforcement conducts a national criminal
94 history analysis of the applicant by means of fingerprint
95 identification.
96 Section 4. Paragraph (e) of subsection (6) of section
97 192.037, Florida Statutes, is amended to read:
98 192.037 Fee timeshare real property; taxes and
99 assessments; escrow.—
100 (6)
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101 (e) On or before May 1 of each year, a statement of
102 receipts and disbursements of the escrow account must be filed
103 with the Division of Florida Condominiums, Timeshares, Yacht
104 Brokers, and Mobile Homes of the Department of Business and
105 Professional Regulation, which may enforce this paragraph
106 pursuant to s. 721.26. This statement must appropriately show
107 the amount of principal and interest in such account.
108 Section 5. Paragraph (i) of subsection (8) of section
109 213.053, Florida Statutes, is amended to read:
110 213.053 Confidentiality and information sharing.—
111 (8) Notwithstanding any other provision of this section,
112 the department may provide:
113 (i) Information relative to chapters 212 and 326 to the
114 Division of Florida Condominiums, Timeshares, Yacht Brokers, and
115 Mobile Homes of the Department of Business and Professional
116 Regulation in the conduct of its official duties.
117
118 Disclosure of information under this subsection shall be
119 pursuant to a written agreement between the executive director
120 and the agency. Such agencies, governmental or nongovernmental,
121 shall be bound by the same requirements of confidentiality as
122 the Department of Revenue. Breach of confidentiality is a
123 misdemeanor of the first degree, punishable as provided by s.
124 775.082 or s. 775.083.
125 Section 6. Paragraph (d) of subsection (2) and subsection
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126 (3) of section 326.006, Florida Statutes, are amended to read:
127 326.006 Powers and duties of division.—
128 (2) The division has the power to enforce and ensure
129 compliance with the provisions of this chapter and rules adopted
130 under this chapter relating to the sale and ownership of yachts
131 and ships. In performing its duties, the division has the
132 following powers and duties:
133 (d) Notwithstanding any remedies available to a yacht or
134 ship purchaser, if the division has reasonable cause to believe
135 that a violation of any provision of this chapter or rule
136 adopted under this chapter has occurred, the division may
137 institute enforcement proceedings in its own name against any
138 broker or salesperson or any of his or her assignees or agents,
139 or against any unlicensed person or any of his or her assignees
140 or agents, as follows:
141 1. The division may permit a person whose conduct or
142 actions are under investigation to waive formal proceedings and
143 enter into a consent proceeding whereby orders, rules, or
144 letters of censure or warning, whether formal or informal, may
145 be entered against the person.
146 2. The division may issue an order requiring the broker or
147 salesperson or any of his or her assignees or agents, or
148 requiring any unlicensed person or any of his or her assignees
149 or agents, to cease and desist from the unlawful practice and
150 take such affirmative action as in the judgment of the division
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151 will carry out the purposes of this chapter.
152 3. The division may bring an action in circuit court on
153 behalf of a class of yacht or ship purchasers for declaratory
154 relief, injunctive relief, or restitution.
155 4. The division may impose a civil penalty against a
156 broker or salesperson or any of his or her assignees or agents,
157 or against an unlicensed person or any of his or her assignees
158 or agents, for any violation of this chapter or a rule adopted
159 under this chapter. A penalty may be imposed for each day of
160 continuing violation, but in no event may the penalty for any
161 offense exceed $10,000. All amounts collected must be deposited
162 with the Chief Financial Officer to the credit of the Division
163 of Florida Condominiums, Timeshares, Yacht Brokers, and Mobile
164 Homes Trust Fund. If a broker, salesperson, or unlicensed person
165 working for a broker, fails to pay the civil penalty, the
166 division shall issue an order suspending the broker's license
167 until such time as the civil penalty is paid or may pursue
168 enforcement of the penalty in a court of competent jurisdiction.
169 The order imposing the civil penalty or the order of suspension
170 may not become effective until 20 days after the date of such
171 order. Any action commenced by the division must be brought in
172 the county in which the division has its executive offices or in
173 the county where the violation occurred.
174 (3) All fees must be deposited in the Division of Florida
175 Condominiums, Timeshares, Yacht Brokers, and Mobile Homes Trust
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176 Fund as provided by law.
177 Section 7. Subsection (5) of section 455.116, Florida
178 Statutes, is amended to read:
179 455.116 Regulation trust funds.—The following trust funds
180 shall be placed in the department:
181 (5) Division of Florida Condominiums, Timeshares, Yacht
182 Brokers, and Mobile Homes Trust Fund.
183 Section 8. Section 475.455, Florida Statutes, is amended
184 to read:
185 475.455 Exchange of disciplinary information.—The
186 commission shall inform the Division of Florida Condominiums,
187 Timeshares, Yacht Brokers, and Mobile Homes of the Department of
188 Business and Professional Regulation of any disciplinary action
189 the commission has taken against any of its licensees. The
190 division shall inform the commission of any disciplinary action
191 the division has taken against any broker or sales associate
192 registered with the division.
193 Section 9. Section 509.512, Florida Statutes, is amended
194 to read:
195 509.512 Timeshare plan developer and exchange company
196 exemption.—Sections 509.501-509.511 do not apply to a developer
197 of a timeshare plan or an exchange company approved by the
198 Division of Florida Condominiums, Timeshares, Yacht Brokers, and
199 Mobile Homes pursuant to chapter 721, but only to the extent
200 that the developer or exchange company engages in conduct
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201 regulated under chapter 721.
202 Section 10. Paragraph (h) of subsection (1) of section
203 559.935, Florida Statutes, is amended to read:
204 559.935 Exemptions.—
205 (1) This part does not apply to:
206 (h) A developer of a timeshare plan or an exchange company
207 approved by the Division of Florida Condominiums, Timeshares,
208 Yacht Brokers, and Mobile Homes pursuant to chapter 721, but
209 only to the extent that the developer or exchange company
210 engages in conduct regulated under chapter 721; or
211 Section 11. Subsection (17) of section 718.103, Florida
212 Statutes, is amended to read:
213 718.103 Definitions.—As used in this chapter, the term:
214 (17) "Division" means the Division of Florida
215 Condominiums, Timeshares, Yacht Brokers, and Mobile Homes of the
216 Department of Business and Professional Regulation.
217 Section 12. Paragraph (c) of subsection (4) of section
218 718.105, Florida Statutes, is amended to read:
219 718.105 Recording of declaration.—
220 (4)
221 (c)