florida dbpr yacht broker

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• Yacht and Ship Broker License Requirements
• Yacht and Ship Broker License Requirements Overview
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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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Common Surety Bonds:

• Freight Broker Bond (BMC-84)
• Contractor's License Bond
• Motor Vehicle Dealer License Bond
• Certificate of Title Bond (for vehicle titles)
• Insurance Adjuster Bond

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Florida Yacht and Ship Broker Bond

What is a Florida Yacht and Ship Broker Bond?

A $25,000 Yacht and Ship Broker Bond is required by the Florida Department of Business and Professional Regulation for persons or businesses that engage in the sale of yachts or ships in the state of Florida . The obligation ensures that the broker is accountable for financial transactions and complies with laws and regulations of the state.

Often times, an additional bond called a Yacht Salesperson Bond is also required for each sales individual employee acting in a sales capacity.

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Why is a Florida Yacht Broker Bond Required?

The surety bond ensures that the bonded principal and all agents and employees faithfully comply with the provisions of the Yacht and Ship Brokers’ Act and all rules and regulations set out by the Florida Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums and Mobile Homes, Section of General Regulation. Further, the bond requires that the principal appropriately apply all funds received and perform all obligations and undertakings according to state statutes and laws in the conduct of business as a yacht and ship broker.

Anyone injured by fraud, deceit, or willful negligence on the part of the yacht broker or salesperson, or through the failure of the broker or salesperson to comply with the Yacht and Ship Brokers’ Act or other laws may seek compensation for damages against the surety bond.

Yacht Broker Bonds And Getting Your Florida Business License/Registration

Application is made to the Division of Florida Condominiums, Timeshares, and Mobile Homes and will generally require the following items:

• Completed application (DBPR Form YS 6000-1)
• Required fee
• Complete set of fingerprints
• Original surety bond or letter of credit in the amount of $25,000 for a broker’s license.

Mail to: Department of Business and Professional Regulation Attn: FCTMH’s Yacht and Ship Brokers' Section 1940 North Monroe Street Tallahassee, Florida 32399-1030

Note: Individuals may not be licensed as a yacht broker prior to having been a salesperson for at least two consecutive years. Furthermore, individuals may not be licensed as a yacht broker without being licensed as a salesperson for at least two consecutive years.

Additional Florida Yacht Broker Bond Resources & Links

• Florida Department of Business and Professional Regulation Division of Florida Condominiums, Timeshares and Mobile Homes Yacht and Ship Forms
• 9 Things to Consider When Buying or Selling a Yacht in Florida

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General DBPR information:

The Department of Business and Professional Regulation is the agency charged with licensing and regulating businesses and professionals in the State of Florida, such as cosmetologists, veterinarians, real estate agents and pari-mutuel wagering facilities. Our mission is to license efficiently, regulate fairly, and we strive to meet this goal in our day-to-day operation. The Department is under the executive branch of the Governor and is governed by Chapter 120, F.S. The Department is structured according to the requirements of Section 20.165, F.S.

Under this sub heading, you will find information related to most frequently asked questions related to licensing across all professional boards/divisions.

• How do I contact the Florida Department of Business & Professional Regulation (DBPR)?

How do I make a personal name change on my license?

• How do I change my mailing address?

When should I submit my fingerprints if I am applying for a license?

Will there be any fees other than the application and license fees?

What types of complaints and issues cannot be reviewed by the Department?

Why must I pay a $5 unlicensed activity fee to obtain a license or renew my license?

How long are my fingerprints valid for?

• How do I file an unlicensed activity complaint for a profession or business that the Department of Business and Professional Regulation regulates?
• Can I change my address online?

I have a criminal history. Will this preclude me from obtaining a license for a profession regulated by the Department of Business and Professional Regulation?

Can I change all license addresses online?

How will I know when my review is scheduled?

Your website provides for "main", "mailing", and "location" addresses. What are the differences?

Do I need to notify the department of my new address?

I was issued a citation but I cannot pay the entire citation at this time. Can I make a payment arrangement to get my license back or renew it?

How can I change my address if I do not have a computer?

How do I find the renewal requirements for a previous renewal cycle on the Department’s portal at www.myfloridalicense.com?

Is the 60 months counted from the post mark date or the date of receipt of the application?

I have not heard from the Department regarding the status of my application. What should I do?

I received a letter that I have a bad check on file with the department. What do I do now?

I paid the bad check I had on file with the department and would like my application processed. What do I do now?

Can I submit a copy of a previous application?

Where do I mail my application?

Where can I obtain the laws and rules for a specific profession regulated by the Department of Business and Professional Regulation?

When and where is the next board/council meeting for a profession regulated by the Department of Business and Professional Regulation?

Where can I obtain a copy of the board/council meeting agenda or past minutes for a profession regulated by the Department of Business and Professional Regulation?

I received notice that my application for a license is being presented at a board meeting. Do I have to appear?

Where can I find the appropriate license application for a profession regulated by the Department of Business and Professional Regulation?

I received a letter that I have a bad check on file with the Department. What do I do now?

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