yacht brokers license florida

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How does Florida regulate and authorize licenses?   

Under the Florida Statutes, a “license” to regulate professions and occupations means any permit, registration, certificate, or license issued by the Department of Business and Professional Regulation (the “DBPR”). An occupational license is a privilege accorded by the state or its subdivisions to conduct a business at a particular location and is not a property right protected by substantive due process; the denial of such license does not prevent the business owner from pursuing a lawful occupation but merely stops the business from operating at a particular location. Ammons v. Okeechobee County , 710 So. 2d 641 (Fla. 4th DCA 1998).   

On July 1, 2021, the Florida Legislature passed Section 163.211 into law, which prevents any county, municipality, or other political subdivision of Florida from implementing additional licensing requirements for most occupations. Therefore, a prospective applicant only needs to satisfy state statutory requirements.  

Need help receiving, renewing, or defending your license? Schedule your consultation today with a top administrative law and licensing attorney .   

How does the licensing process work in Florida?  

A prospective licensee must apply through the DBPR, which must review the application and have the discretion to reject or accept applications for new licenses and license renewals as long as the discretionary review is reasonable. See KJS v. Department of Children and Family Services , 974 So. 2d 1106 (Fla. 1st DCA 2007).   

On the other hand, licensees seeking renewal must file for renewal before their license expires, or they will not be allowed to engage in their occupation until the DBPR grants a separate, new license. See Legal Environmental Assistance Foundation, Inc. v. Board of County Com’rs of Brevard County , Fla., 61 F.3d 25 (11th Cir. 1995).   

When the DBPR receives a license application, the agency has 90 days to examine the application, timely notify the applicant of any errors or omissions, request additional information, and, ultimately, issue a notice of intent to either grant or deny the license. The DBPR may not deny renewal without a full, open, and fair hearing for license renewals. See Wilson v. Pest Control Commission of Fla. , 199 So. 2d 777 (Fla. 4th DCA 1967).   

Which laws and regulations apply to yacht and ship broker licenses in Florida?  

The Florida entity that regulates yacht and ship licenses is the  Florida Department of Business and Professional Regulation (DBPR) . Specifically, the DBPR’s Division of Florida Condominiums, Timeshares, and Mobile Homes oversees yacht and ship brokers and salespersons licensing.  

Federal and state laws regulate yacht and ship licenses, with federal laws such as the  Jones Act  governing matters like vessel documentation and maritime law.  

Under Florida law, yacht and ship licenses fall under  Chapter 326, Florida Statutes  (Yacht and Ship Brokers). Furthermore, the  Florida Administrative Code (FAC)  sets additional rules and regulations for yacht and ship licenses.   

What are the application and retention requirements for yacht and ship broker licenses in Florida? 

Application Requirements:

Applicants for yacht and ship licenses in Florida must meet specific criteria. First, individuals must be at least 18 years old and of good moral character. Second, they must complete a pre-licensure course approved by the DBPR. Third, applicants must pass a written examination administered by the DBPR. Fourth, they must submit a surety bond or letter of credit for $25,000. Finally, applicants must pay an application fee and complete a licensing application form.  

Retention Requirements:

To maintain their yacht and ship license, licensees must adhere to specific requirements. They must renew their licenses every two years, pay the applicable renewal fee, and complete at least eight hours of continuing education every two years.   

Additionally, licensees must maintain their surety bond or letter of credit and adhere to the regulations outlined in Chapter 326, Florida Statutes, and the Florida Administrative Code. Failure to comply with these requirements may result in disciplinary actions, including fines, suspension, or license revocation.  

To determine whether you meet the yacht and ship broker license requirements, please contact our office to set up your initial consultation.  

Can the DBPR’s license decision be appealed?  

Yes, an adverse license decision made by the DBPR is appealable. The authority for appealing such decisions comes from the Florida Administrative Procedure Act (APA) , Chapter 120 of the Florida Statutes. Specifically, the right to appeal derives from Florida Statutes §120.569 and §120.57 . The APA establishes the framework for challenging agency actions, such as licensing decisions, through administrative hearings and judicial review.   

If an applicant or licensee receives an adverse decision from the DBPR, they may request an administrative hearing to challenge it. The request for a hearing must be submitted within the timeframe specified in the agency’s notice, which is generally 15 days from the date of the notice, as provided in Section 120.569(2)(a), Florida Statutes .  

The administrative hearing process commences with submitting a petition for a hearing to the agency. The petition must comply with the requirements outlined in Rule 28-106.201, Florida Administrative Code . If the petitioner qualifies for an administrative hearing, the case is referred to the Division of Administrative Hearings (DOAH) and assigned to an administrative law judge (ALJ).  

The ALJ conducts the hearing, like a trial, with both parties presenting evidence and testimony. After the hearing, the ALJ issues a recommended order, which includes findings of fact, conclusions of law, and a recommendation for a final decision. The DBPR then reviews the recommended order and issues a final order, either adopting, modifying, or rejecting the ALJ’s recommendations.  

Suppose the petitioner is unsatisfied with the DBPR’s final order. In that case, they can seek judicial review by filing a notice of appeal with the appropriate District Court of Appeal, as provided in Section 120.68, Florida Statutes . The court reviews the case to determine if the agency’s decision follows from competent, substantial evidence and complies with the law.  

Have more questions about a professional licensing-related situation?  

Crucially, this overview of yacht and ship licenses does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.  

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.  

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.  

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation .  

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Florida Yacht Broker License

Did you know that you need a license to sell boats of 32 feet in Florida? That’s because it’s considered a yacht by state statute. Learn more about the Florida Yacht Broker License by reading the information below.

Who needs a Florida Yacht Broker License?

Florida defines a “Yacht” as any vessel in the water exceeding 32 feet. Additionally, this includes vessels powered by wind and/or motors. The previous definition comes with a few exceptions, however. These exceptions are selling your own yacht, attorneys, new yacht sales, receivers, and foreclosures.

Do I need a Yacht Broker License or a Florida Yacht Salesmen License?

Ah, which comes first? The chicken or the egg? Unfortunately, Florida requires that all salesmen be licensed and work for a licensed broker. However, you can’t get a Florida Yacht Broker License unless you’ve been a yacht salesmen for two consecutive years. So, you’ll need to first become a salesperson if you wish to open your own brokerage.

How much does each license cost?

We mentioned above that there are two license types. However, both licenses cost the same. That’s right. The cost for a yacht salesmen license is the same as the yacht broker license. Each of these licenses will cost you $551. Additionally, you can add another brokerage location for $100.

What else do I need for my Yacht Broker and Salesmen license?

In addition to the state fee, you’ll need a few other items. For example: You’ll need to provide fingerprints, a completed application, and a surety bond. However, the surety bond amounts aren’t the same. The Florida Yacht Salesmen License requires a $10,000 bond while the Yacht Broker License requires a $25,000 bond. You can find the price of your bond by applying here .

Do you need help applying for your license?

If so, you’ve come to the right place. We can help you apply for your license with the DFCTMH . Yacht broker licenses fall under their supervision. In most cases, we can help you apply for and obtain your license faster and easier than going it alone. In fact, many of our clients have already started the process when they come to us for help. Learn more about what we do or apply online today!

How To Get a Yacht Broker License in Florida? Here’s What You Need To Know

Have you ever dreamed of being a yacht broker in the beautiful state of Florida? If so, you may be wondering what it takes to get a yacht broker license in the Sunshine State.

In this article, we’ll be looking at the requirements, exams, and application process for getting a yacht broker license in Florida, as well as the benefits that come with it.

Read on to learn more about how to get a yacht broker license in Florida!.

Table of Contents

Short Answer

In order to get a yacht broker license in Florida, you will need to meet the requirements set by the Florida Department of Business and Professional Regulation.

This includes having a high school diploma, completing a 40-hour course from an approved provider, and successfully passing a broker or salesperson licensing exam.

You will also need to provide documentation of your work experience in the yacht brokerage industry and complete a background check with the Florida Department of Law Enforcement.

Once you have met all of these requirements, you can apply for your license with the Florida Department of Business and Professional Regulation.

What Is a Yacht Broker License?

A yacht broker license is a credential issued by the Florida Real Estate Commission (FREC) that allows a person to legally engage in the practice of selling, leasing, and managing boats and yachts in the state of Florida.

With a yacht broker license, individuals are able to help buyers and sellers navigate the process of buying and selling vessels in the state.

To obtain a yacht broker license, applicants must meet certain educational, experience, and testing requirements.

It is important to note that yacht broker licenses are specific to the state of Florida and will not be recognized in other states.

Education Requirements

Getting a yacht broker license in Florida requires a combination of education and experience, as well as certification.

To become a licensed yacht broker in the Sunshine State, you must first complete a 60-hour course approved by the Florida Real Estate Commission (FREC).

This course covers topics such as boat types, financing, and sales techniques.

So, if youre looking to become a yacht broker in Florida, it is important to invest in a quality education that will give you the knowledge and skills necessary to succeed in this role.

The FREC-approved course will cover a variety of topics, including contract law, boat types, boat financing, boat sales, boat repair, boat maintenance, and more.

You will also learn about the legal and regulatory aspects of becoming a yacht broker in Florida.

This course is essential for those looking to become a yacht broker in the Sunshine State, as it will provide you with the necessary knowledge to understand and navigate the legal and regulatory aspects of the industry.

In addition to the educational requirements, applicants must also have two years of documented experience in the industry.

This could include working at a boat dealership or marina, or any other type of related experience.

This experience is necessary to demonstrate that you have a good understanding of the industry, and are prepared to take on the role of a yacht broker in Florida.

Finally, applicants must also pass the FREC yacht broker exam.

This exam will test your knowledge of the legal and regulatory aspects of being a yacht broker in Florida.

Once you have passed the exam, you will be eligible to submit your application to the FREC and receive your license.

With a yacht broker license in Florida, you can help buyers and sellers navigate the process of buying and selling vessels in the Sunshine State.

So, if youre looking to become a yacht broker in Florida, make sure to invest in quality education and experience, and pass the FREC exam, to ensure that youre well-prepared for the role.

Experience Requirements

Becoming a licensed yacht broker in Florida is no small feat; it requires a combination of education, experience, and certification.

In addition to taking the required 60-hour course approved by the Florida Real Estate Commission (FREC), applicants must also have two years of documented experience in the industry.

This experience could include working at a boat dealership, marina, or yacht club or in any other capacity related to the sale of vessels.

This experience requirement is designed to ensure that applicants are well-versed in the industry, familiar with the types of boats available for sale, and knowledgeable about the sales process.

During the two years of experience, applicants should have acquired knowledge of boat types, financing, and sales techniques.

This experience should also provide applicants with insight into the legal aspects of the industry, such as contracts, liens, and title transfers.

For those who do not have two years of experience, it is possible to substitute up to one year of the required experience with a college degree in marine-related studies.

This could include a degree in marine engineering, marine technology, or a similar program.

Additionally, some schools offer courses in the yacht brokerage field, which can also be used to satisfy the experience requirements.

It is also important to note that the experience requirement must be documented.

This means that applicants must have proof of their experience in the form of letters from employers or other documentation that can be provided to the FREC.

This is necessary to ensure that applicants are truly knowledgeable and experienced in the field.

Certification Requirements

In order to become a licensed yacht broker in Florida, you must fulfill a set of certification requirements.

First and foremost, you must complete a 60-hour course approved by the Florida Real Estate Commission (FREC).

Additionally, applicants must possess two years of documented experience in the industry, such as working at a boat dealership or marina.

Finally, applicants must pass the FREC yacht broker exam.

Only once all of these requirements are met can applicants submit their application to the FREC and receive their license.

The FREC yacht broker exam is a two-hour test that covers a range of topics related to the sale of boats and yachts in Florida.

These topics include familiarization with vessels and hull types, knowledge of marine contracts and financing, and understanding of the regulatory environment that governs yacht sales.

The test also covers topics such as safety, marketing, and insurance.

The exam is administered in the form of a multiple-choice test and must be passed with a score of 70% or higher to be eligible for a license.

It is important to note that the FREC yacht broker exam is not the only certification requirement for becoming a yacht broker in Florida.

In addition to passing the exam, applicants must also demonstrate two years of documented experience in the industry.

This experience can take the form of working as a boat dealer, marina employee, or other related field.

All documents and certificates must be submitted to the FREC as part of the application process.

Once all of the certification requirements have been fulfilled, applicants can submit their documents to the FREC and receive their license.

With a yacht broker license, you can help buyers and sellers navigate the process of buying and selling vessels in Florida.

Licenses must be renewed every two years and continuing education is required to maintain the license.

Exam Requirements

In order to obtain a yacht broker license in Florida, applicants must first pass the FREC yacht broker exam.

This exam covers a variety of topics related to the sale and purchase of boats, such as boat types, financing, and sales techniques.

The exam consists of 80 multiple-choice questions, and applicants must obtain a score of 75% or higher to pass.

In addition to the multiple-choice portion of the exam, applicants must also complete a written portion, which requires them to answer four essay questions.

The essay questions cover topics such as boat sales, contracts, and financing.

The essay portion of the exam is graded on a pass/fail basis, and applicants must receive a passing score in order to receive their license.

In order to prepare for the exam, applicants can take a pre-licensing course approved by the FREC.

This course covers all of the topics that will be covered on the exam, and can help applicants gain the knowledge and confidence they need to pass the exam.

Additionally, applicants can purchase study materials and practice exams to help them prepare for the exam.

Applicants must also pay a fee when registering for the exam, which covers the cost of the exam materials.

The fee for the exam varies depending on the type of license being applied for, so it is important to check with the FREC for the most up-to-date information.

Once applicants have passed the exam, they can then submit their application to the FREC and receive their license.

Application Process

Once you have met the educational, experience, and certification requirements to become a yacht broker in Florida, you can apply for your license.

The application process is straightforward and involves submitting an application to the Florida Real Estate Commission (FREC).

The application requires information such as your name, address, and contact information.

Additionally, you must provide proof of the 60-hour course and two years of experience, as well as the results of your yacht broker exam.

You may also need to submit other documents, such as a criminal background check and additional forms of identification.

Once your application and accompanying documentation have been accepted, the FREC will issue your license.

Its important to note that the application process may take several weeks to complete, so its best to plan ahead and give yourself plenty of time to ensure that you receive your license in a timely manner.

Furthermore, you should be aware that the FREC may deny your application if any of the requirements are not met or if there are any issues with the documentation you provide.

If this happens, you will need to address the issues and submit an updated application.

Once you have your yacht broker license in Florida, you can begin helping buyers and sellers navigate the process of buying and selling vessels in the Sunshine State.

Benefits of a Yacht Broker License

Having a yacht broker license in Florida comes with a number of benefits.

First and foremost, it allows you to legally operate as a yacht broker in the state of Florida, giving you access to potential business opportunities.

Additionally, having a license shows that you have the necessary knowledge and experience to effectively help buyers and sellers navigate the process of buying and selling vessels in Florida.

As a licensed yacht broker, you can also take advantage of exclusive professional networks and industry events, such as Florida Yacht Broker Association meetings and conferences, which can provide you with valuable connections and information.

Furthermore, having a license can help you build credibility with potential customers and create trust, as it demonstrates your commitment to excellence in the industry.

Finally, having a yacht broker license can help you stay up-to-date on new laws and regulations, which is essential for staying ahead in the competitive world of yacht brokering.

Final Thoughts

With the right education, experience, and certification, you can become a yacht broker in Florida and help buyers and sellers navigate the complexities of buying and selling vessels in the Sunshine State.

If you’re interested in becoming a yacht broker in Florida, now is the time to get started.

Get informed on the requirements, take the 60-hour FREC course, gain the necessary experience, and take the FREC yacht broker exam.

Once you’ve met all the requirements, you can submit your application to the FREC and receive your license.

With a yacht broker license in hand, you will be well on your way to a successful career in the industry.

James Frami

At the age of 15, he and four other friends from his neighborhood constructed their first boat. He has been sailing for almost 30 years and has a wealth of knowledge that he wants to share with others.

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Certified Professional Yacht Brokers

Find your cpyb.

Yacht Sales Professionals (brokers, dealers, salespeople) have a benchmark for measuring their skills, abilities and performance, while, at the same time, enhancing their marketing value. Boat sellers and buyers are in a better position to select qualified, competent sales professionals with confidence and trust.

If you want to set yourself apart, the certified professional yacht broker (cpyb) program is for you..

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CPYB Certification is the mark of excellence for yacht sales professionals throughout North America.

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CPYB brokers have met professional qualifications and have successfully passed a three-hour examination, testing their skills and knowledge as yacht sales professionals. If you are committed to professionalism and have what it takes, we invite you to apply.

Renew Your Certification

Retaining certification ensures you stay current with industry trends.

As you know, staying competitive and successful requires a continuing commitment to educating yourself on the latest industry information and insights. That is why the basis of CPYB Recertification requires your participation in educational activities and professional involvement that help you to remain one of the most experienced brokers in the brokerage industry.

See How Companies Like Yours are Growing with CPYB

Upcoming pre-approved events, thu 16 2024, may 16, 2024 12:00pm - 2:00pm edt, brokers brunch: frustrations in co-brokering, webinar date: may 16, 2024.

Craig Nann, CPYB; Jonathan Chapman, CPYB; and JP Skov, CPYB will open a roundtable discussion regarding frustrations in co-brokering.

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Any CPYB Candidate (or CPYB certified member) is invited to participate in this exam prep session led by Craig Nann, CPYB. In this two-hour session, you will hear from 5 subject matter experts while they cover key topics under each of the five Principal Knowledge categories that candidates will encounter on the exam. Primarily intended for exam takers, but all CPYB’s who attend this session will earn 3 CE. Consider signing up and attending as a refresher!

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Staley Weidman, CPYB named Sailboat Broker of the Year 2023 by the IYBA

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What is a foreign or out-of-state yacht and ship broker or salesperson?

What is a foreign or out-of-state yacht and ship broker or salesperson?    

A foreign or out-of-state yacht and ship broker or salesperson is a yacht and ship broker or salesperson who primarily conducts business outside of Florida or outside of the United States, and does not have a Florida yacht and ship broker license or a Florida yacht salesperson license.  Foreign or out-of-state brokers may conduct business with Florida licensed brokers, as long as they do not physically enter the state of Florida to act as brokers or salespersons.

References:

Rule 61B-60.001(1)(j), Florida Administrative Code

Answers others found helpful

• How do I obtain a license to become a yacht and ship broker or salesperson in Florida?
• What is the difference between a Florida licensed yacht and ship broker and a Florida licensed yacht salesperson?
• What chapter of law governs the licensing and regulation of yacht and ship brokers and salespersons in the state of Florida?
• How long does it take the Division of Condominiums, Timeshares, and Mobile Homes - Yacht and Ship Brokers’ Section to process an application for a license to act as a yacht and ship broker or salesperson?
• What is a yacht “salesperson”?

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Florida Gov. Ron DeSantis receives 20 more bills. They could soon be law

Anthony Talcott , Digital Journalist

TALLAHASSEE, Fla. – Florida Gov. Ron DeSantis on Tuesday received 20 bills from the state Legislature covering a variety of issues, including building regulations, critical infrastructure crimes and rental security deposits.

DeSantis has until Wednesday, May 22 to decide whether to sign the bills into law.

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The news bills include the following:

HB 191 — Town of Orchid

House Bill 191 refers to the town of Orchid in Indian River County.

Under state law, local governments are required to hold public meetings within their jurisdictions — unless they have a population of 500 people or fewer.

Orchid — with a population of 531 as of last year — doesn’t have any meeting facilities in its boundaries, so it’s been holding public meetings at a local privately owned golf club instead.

As such, this bill would provide an exception under state statutes to allow Orchid to hold such meetings within five miles of its boundaries.

If signed into law, the bill would take effect immediately.

HB 267 — Building Regulations

House Bill 267 aims to amend the state’s building code .

More specifically, the bill would implement set time limits for local governments to either approve or deny permit applications.

In addition, the bill would make the following changes:

• Local governments must create auditing standards before auditing a private provider.
• Completing an internship program for residential building inspectors is a pathway for licensure as a residential building inspector.
• Sealed drawings will not be required for replacements of windows, doors, or garage doors in certain homes so long as they meet state standards.

If signed into law, the bill would take effect on Jan. 1, 2025.

HB 275 — “Critical Infrastructure” Crimes

House Bill 275 aims to create new offenses under state law involving critical infrastructure.

“Critical infrastructure” in the bill refers to linear assets that are designed to exclude unauthorized people, such as fences, no-trespassing signs, generators, energy plants, or TV stations.

Under this bill, damaging, accessing or tampering with critical infrastructure could result in both criminal and civil penalties.

If signed into law, the bill would take effect on July 1.

HB 415 — Pregnancy and Parenting Resources

House Bill 415 seeks to create a “comprehensive state website” with information about pregnancy and parenting resources.

Under this bill, the Department of Health would be responsible for contracting a third party to create the website with details on both public and private resources.

That website would have to include information on resources related to:

• Education materials on pregnancy and parenting
• Maternal health services
• Prenatal and postnatal services
• Educational and mentorship programs for fathers
• Social services
• Financial assistance
• Adoption services

If signed into law, this bill would take effect on July 1.

HB 509 — Collier Mosquito Control District

House Bill 509 aims to revise the boundaries of the Collier Mosquito Control District.

The special district is responsible for cutting down on local mosquito populations, though this bill would expand its boundaries and allow it to service a broader area.

If signed into law, the bill would take effect on Oct. 1.

HB 691 — Town of Horseshoe Beach

House Bill 691 aims to provide exceptions for the quota limitation of “quota licenses” for certain restaurants in the town of Horseshoe Beach.

The bill is expected to increase revenues for local businesses in Horseshoe Beach, according to Legislative analysts.

HB 793 — Coral Springs Improvement District

House Bill 793 aims to address the Coral Springs Improvement District, which develops and operates water and sewer systems in Broward County.

This bill would revise certain purchasing and contract requirements for the special district, such as requiring the district to public bid notices, increasing the threshold for competitive bidding, and clarifying that the district must accept the bid of the lowest responsible bidder (unless it’s in the district’s best interest to reject all bids).

HB 819 — Lehigh Acres Municipal Services Improvement District

House Bill 819 aims to address the Lehigh Acres Municipal Services Improvement District, which is responsible for public infrastructure in parts of Lee and Hendry counties.

This bill would expand the boundaries of the special district, which is expected to increase revenues for the district.

If signed into law, the bill would take effect on Oct. 1

HB 867 — North River Ranch Improvement Stewardship District

House Bill 867 aims to address the North River Ranch Improvement Stewardship District in Manatee County, which is responsible for overseeing community development.

This bill would revise the boundaries of the special district, ultimately adding over 100 acres to it. The changes are estimated to raise an extra $500,000 for the district.

HB 1023 — St. Lucie County

House Bill 1023 aims to amend health care policies for inmates at the St. Lucie County detention center.

Under this bill, health care providers who provide medical services to these inmates may only be compensated for up to 110% of the Medicare reimbursement rate if the provider doesn’t have a contract with the county.

In addition, such compensation would be limited to 125% of the Medicare reimbursement rate if the hospital reported a negative operating margin in the prior year.

HB 1025 — Municipal Service District of Ponte Vedra Beach

House Bill 1025 aims to address the Municipal Service District of Ponte Vedra Beach in St. Johns County, which is responsible for providing certain community services.

Under this bill, term limits for Trustees would receive a lifetime limit of 12 years.

In addition, the bill would increase the threshold for capital projects that require voter approval.

HB 1133 — Vulnerable Road Users

House Bill 1133 aims to amend state statutes regarding traffic infractions involving “vulnerable road users.”

Under state law, “vulnerable road users” are defined as one of the following:

Pedestrian, including a person actually engaged in work upon a highway, or in work upon utility facilities along a highway, or engaged in the provision of emergency services within the right-of-way Person operating a bicycle, an electric bicycle, a motorcycle, a scooter, or a moped lawfully on the roadway; Person riding an animal; or Person lawfully operating on a public right-of-way, crosswalk, or shoulder of the roadway any: farm tractor or similar vehicle designed primarily for farm use; skateboard, roller skates, or in-line skates; horse-drawn carriage; electric personal assistive mobility device; or wheelchair. S. 316.027 (1)

HB 1133 would set up specific penalties for anyone who commits a non-criminal traffic infraction that seriously injures or kills a vulnerable road user.

Those penalties include fines, suspension of driver’s licenses, and the requirement to complete a driver improvement course.

These are in addition to any other criminal charges that could arise from such incidents.

HB 1305 — Security Deposits

House Bill 1305 aims to amend the state’s Residential Landlord and Tenant Act following a recent case out of Palm Beach County.

According to Seeking Rents , the case involved two tenants who sued their former apartment complex after it failed to return a $500 security deposit.

Under state law, security deposits have to be held in a “Florida banking institution,” and the complex had kept the tenants’ deposits in an account with JP Morgan Chase — a national bank headquartered in New York.

Legislative analysts said that the definition of “Florida banking institution” used by plaintiffs in that case have since been repealed, but because the Act doesn’t define that term, it opens up the possibility of similar lawsuits in the future, which could deter developers from investing in more rental housing that would drop prices.

As a result, HB 1305 adds the following definition for “Florida banking institution” to the Act:

A bank, credit union, trust company, savings bank, or savings or thrift association doing business under the authority of a charter issued by the United States, this state, or any other state which is authorized to transact business in this state and whose deposits or share accounts are insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund House Bill 1305

If signed into law, the bill would go into effect immediately.

HB 1567 — Emergency Management Directors

House Bill 1567 aims to create requirements to qualify for Emergency Management Directors in the state.

Under the State Emergency Management Act , each county is required to have a director for its respective emergency management agency.

These directors are appointed by local leaders, though there are no specific minimum qualifications to serve as one.

As such, this bill seeks to establish minimum education, experience and training requirements to qualify for a director position. These standards include holding a bachelor’s degree, having at least four years of similar experience in another role, and completing 150 hours of emergency management training.

If HB 1567 is approved, existing county emergency management directors will have until June 30, 2026 to meet the new criteria.

If signed into law, the bill would go into effect on July 1.

HB 5401 — New Judgeships

House Bill 5401 aims to establish a few new judge positions in Florida.

According to Legislative analysts, the state’s Supreme Court issued an order in November detailing the need for the new positions.

As a result, this bill would set up the following:

• A circuit court judgeship in the First Judicial Circuit (Escambia, Okaloosa, Santa Rosa and Walton counties)
• A circuit court judgeship in the Twentieth Judicial Circuit (Charlotte, Collier, Glades, Hendry and Lee counties)
• A county court judgeship in Columbia County
• A county court judgeship in Santa Rosa County
• Two county court judgeships in Hillsborough County
• Three new county court judgeships in Orange County

SB 92 — Yacht and Ship Brokers’ Act

Senate Bill 92 aims to revise state regulations of yacht and ship brokers/salespeople.

Under this bill, such brokers wouldn’t be required to hold a license in Florida if they primarily operate as a broker in another state and buy a yacht from someone in Florida who is licensed.

If signed into law, the bill would go into effect on Oct. 1.

SB 328 — Affordable Housing

Senate Bill 328 aims to amend parts of the Live Local Act .

Some of those changes are as follows:

• Preempting local governments’ “floor area ratio” for certain developments
• Prohibiting qualifying developments within 1/4-mile of a military installation from using the Act’s administrative approval process
• Exempting certain airport-impacted areas from the Act’s provisions
• Modifying parking reduction requirements for qualifying developments located near certain transportation facilities
• Requiring local governments to publish policies on their websites about the procedures and expectations for approval of qualifying developments
• Clarifying that only the affordable units in a qualifying development must be rental units

For ad valorem tax exemptions on newly constructed multifamily developments, the bill would require 10 units — rather than 70 — be set aside for income-limited households in the Florida Keys to qualify for the exemption.

SB 382 — Continuing Education Requirements

Senate Bill 382 aims to revise requirements for licensure by the Florida Department of Business and Professional Regulation.

Under this bill, someone trying to renew their license with the DBPR and who has held their license for at least 10 years is exempted from being required to complete continuing education — so long as there is no disciplinary action imposed on the license.

However, this rule would not apply to engineers, CPAs, brokers, broker associates, sales associates, real estate appraisers, architects or interior designers.

SB 892 — Dental Insurance Claims

Senate Bill 892 aims to revise parts of the Florida Insurance Code related to covered dental services.

Under this bill, insurers would be prohibited from denying claim payments if a dental procedure was authorized by an insurer before taking place, with few exceptions.

In addition, the bill seeks to make other changes, like requiring insurers to receive written consent from dentists prior to employing claim payments via credit cards, and prohibiting insurers from charging dentists a fee when paying a claim through an automatic clearinghouse.

SB 994 — Student Transportation Safety

Senate Bill 994 aims to revise state statutes related to camera enforcement of traffic infractions where a driver passes a stopped school bus .

More specifically, the bill would make the following changes:

• Manufacturers of school bus infraction detectors may receive a fixed amount of collected proceeds for services rendered regarding those detectors.
• Required signage on school buses with these detectors must be revised.
• Funds collected from related civil penalties are allocated to the respective school district to pay for the detector program and other student transportation safety enhancements.
• The collection of evidence from such a detector doesn’t constitute remote surveillance.
• The use of video and images on these detection systems are limited to their specific purpose.
• Certain traffic fines are remitted to the respective school district.

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About the Author

Anthony talcott.

Anthony, a graduate of the University of Florida, joined ClickOrlando.com in April 2022.

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