yacht and ship broker license florida

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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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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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