florida yacht and ship brokers license

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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!

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2005 Florida Code - VESSELS YACHT AND SHIP BROKERSChapter 326

Disclaimer: These codes may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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Business | South Florida yacht brokers hit with lawsuits…

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Business | south florida yacht brokers hit with lawsuits that claim 10% commissions violate antitrust laws.

Two newly filed federal lawsuits claim that 10% sales commissions required by South Florida’s yacht broker industry are anticompetitive and violate antitrust laws.

The claims follow an October finding by a federal jury in Kansas City, Missouri, that the National Association of Realtors conspired with brokers to artificially inflate commissions paid to real estate brokers. The ruling, and a March 15 settlement by the Realtors, is expected to radically change how homes are sold in the United States.

Both lawsuits involving yacht brokers name as defendants the International Yacht Brokers Association, based in Fort Lauderdale, the Yacht Brokers Association of America, Boats Group LLC and YATCO LLC.

Also listed as defendants in both suits are a who’s who of South Florida-based yacht brokers, including Denison Yacht Sales, MarineMax Inc., Galati Yacht Sales Inc., Allied Marine Inc., Tournament Yacht Sales LLC and Northrop & Johnson Yacht Ships, among others.

Nearly all of the defendants are headquartered in South Florida.

The most recent suit, filed on March 22, proposes a class of plaintiffs that includes anyone who listed vessels on certain Multiple Listing Services using a listing agent or broker affiliated with one of the defendants and paid a buyer’s broker commission since March 22, 2020.

The lead plaintiff in the lawsuit is Kip Lamar Snell, identified as an Alabama resident. Snell entered into an agreement with Galati to sell a 41-foot Express Cruiser Sea Ray in July 2020 and ended up paying a $12,000 commission on the $120,000 sale price, the suit states. The lawsuit lists as defendants 15 brokers and six organizations that promote the yacht trade or operate Multiple Listing Services.

That lawsuit follows one filed on Feb. 29 that proposes a class of plaintiffs that includes anyone who paid a commission to a listing broker affiliated with the defendants since Feb. 19, 2020. It lists as defendants 11 brokers and five organizations that promote the yacht trade or operate Multiple Listing Services.

The lead plaintiff in that suit is Ya Mon Expeditions, a Wyoming company that paid a “substantial broker commission” when it sold a vessel in January 2023 while represented by Tournament Yacht Sales of Tequesta.

The most recent complaint accuses the trade associations of colluding with brokers to “enforce an anticompetitive restraint that requires (sellers of pre-owned yachts and boats) to pay a brokerage fee to the buyer’s broker and a total aggregate commission fee that is inflated as a condition for selling their yachts.”

The complaint states the typical commission is 10% and is shared between the seller’s broker and the buyer’s broker under terms spelled out in Central Listing Agreements provided by the brokers associations, including the International Yacht Brokers Association and the Yacht Brokers Association of America.

Only boat brokers are able to list boats and yachts on such Multiple Listing Services as YachtWorld.com, BoatTrader.com and Boats.com, and the Multiple Listing Services will not accept listings from owners who want to sell their vessels themselves, the lawsuit states.

Yacht owners are “severely disadvantaged” if they do not list their boats for sale on the listing services, while buyers suffer because their brokers are “financially incentivized” to show boats that will earn them standard “and inflated” commission rates of 4% to 5% through co-brokerage transactions, the complaint states.

None of the defendants contacted for this story responded to a request for comment, and no response has been filed yet in either case.

Robert Allen Jr., whose Miami-based law firm Robert Allen Law represents the International Yacht Brokers Association, did not respond to emails or return a phone call.

A woman who answered the phone at the International Yacht Brokers Association said, “We have no comment on that,” and hung up after a reporter asked for her name.

Of six brokers contacted for comment about the lawsuits, only Tournament Yacht Sales responded to emails. “No comment,” the company’s response stated.

Overall commissions have increased faster than the rate of inflation in recent years as the price of larger boats and yachts have increased, according to the lawsuit that lists Snell as lead plaintiff.

The result is that boat owners pay “hundreds of millions of dollars” in inflated commissions each year, the suit alleges.

Both lawsuits allege violations of the Sherman Antitrust Act that are upheld by “brokers who should be competing with one another but, instead, cooperate with each other to the detriment of pre-owned boat sellers.”

Some brokerages represent both buyers and sellers and retain the entire 10% commissions, the suits state.

The trade associations enforce rules requiring brokers to offer their boats through a listing service and to share commissions, the suits state, adding that they can impose significant penalties on members who do not comply with their rules.

Yacht purchasers are disadvantaged by the current system, the lawsuit alleges, because their agents would otherwise negotiate for their business by decreasing their commission rates.

But buyer brokers’ commissions have remained constant despite their diminishing role, the suits state. Many buyers today find boats they are interested in purchasing through online searches and enlist the services of a buyer’s broker only after identifying the yacht they want to buy, the suits claim.

The lawsuits seek an order declaring the commission structure to be illegal, a permanent injunction outlawing what they describe as anticompetitive conduct, plus damages and/or restitution, pre- and post-judgment interest, and attorneys’ fees.

Paul Geller, an attorney for one of two law firms representing the class that includes Snell, acknowledged “parallels between the allegations relating to commissions in the real estate and yacht markets.”

In the real estate matter, the National Association of Realtors on March 15 agreed to a $418 million proposed settlement that would free home sellers from paying commissions to brokers for both sellers and buyers.

After a jury ruled for the plaintiffs in the case against the National Association of Realtors in October, numerous lawsuits were filed across the country with similar allegations, including one in December against the Florida Association of Realtors and 16 brokerages.

“At bottom, the goals of (the suit against the yacht brokers) are similar: protecting consumers by challenging what we allege to be anti-competitive conduct,” Geller said by email. “We believe in the universal truth that consumers benefit by increased transparency and the competitive pricing that results from negotiated terms, including commissions.”

Geller is a partner at Robbins Geller Rudman & Dowd LLP, which specializes in securities litigation on behalf of investors. The firm has offices in 10 cities, including Boca Raton.

Ron Hurtibise covers business and consumer issues for the South Florida Sun Sentinel. He can be reached by phone at 954-356-4071, on Twitter @ronhurtibise or by email at [email protected].

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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

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• 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?
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Billionaire fights to dock his boat on water behind his house. His 164-foot boat, that is.

The love of the water, and a mega-yacht to enjoy it, is putting one resident at odds with village of north palm beach leaders..

For some people, the ultimate Florida lifestyle is a waterfront house , a private dock and a boat parked next to it. But what if that boat is a mega-yacht , and the mega-yacht stretches 164 feet?

That's the conundrum facing the Village of North Palm Beach.

This tiny community in northern Palm Beach County, with only 13,000 full-time residents, has an identity so tied to the water that a ship's steering wheel is the village's emblem.

But it's that love of the water that is putting one resident at odds with village leaders.

For the past several years, homeowner Michael Bozutto has been battling the village for the right to park his 164-foot Westport, dubbed Honey, behind a home he owns at 932 Shore Drive.

The house, built in 1961, is a one-story, ranch-style property with three bedrooms on a half-acre lot. Bozzuto paid $840,247 for the house in 2014, according to Palm Beach County property records.

Lawsuit rooted in dispute over where to dock mega-yacht

What makes this plain house special is its location. It's on a rare corner bordered on the north and east by navigable waters that provide access to the Atlantic Ocean via the Lake Worth Inlet. The east-facing dock is large enough to accommodate Bozzuto's motor yacht.

Since Bozutto bought Honey for an undisclosed sum a decade ago, he mostly has parked it at the Old Port Cove Marina, near Tiger Woods' 155-foot showy mega-yacht, ironically dubbed Privacy.

More recently, Bozzuto has wanted to park Honey alongside his Shore Drive house, one of four houses he owns in the village. While Bozzuto keeps some personal property at the Shore Drive house, he lives at a house he owns at Harbour Isles Court.

Village officials warned Bozzuto he can't park Honey at 932 Shore Drive because boats can only be parked on docks behind houses that are occupied by the homeowner.

But village rules do not define the word "occupied." For instance, the rules do not state that occupied means the house is a residence where the owner lives. Village rules also contain no restrictions on the size of boats that can be kept at private docks.

After years of pushing back against what he believes are fuzzy rules, Bozzuto in March filed a lawsuit against the village.

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He alleged the municipality is illegally depriving him of his property rights because nothing in the village code prevents him from mooring Honey at his house. He is asking a Palm Beach County Circuit Court judge to rule that he has a constitutional right to dock Honey there.

Gregory Coleman, Bozzuto's West Palm Beach attorney, said the village has plenty of waterfront homes with yachts parked behind them. But Coleman said the village is illegally blocking Bozzuto from docking Honey at his house because the village is bending to pressure from a handful of neighbors who think the boat is too big.

The selective enforcement is wrong, said Coleman, a former president of the Florida Bar.

"He's a very under-the-radar guy who doesn't cause anybody any problems," Coleman said of Bozzuto. "He pays his property taxes, and he wants to be left alone by the village of North Palm Beach. Unfortunately, they are singling Mike out."

Neither Leonard Rubin, the village's longtime attorney, nor Village Manager Chuck Huff responded to requests for comment.

Eric Stettin, a Fort Lauderdale-based attorney who is representing the village in the Bozzuto lawsuit, said he could not comment on pending litigation.

What good is a man's castle if he can't have a boat in his moat?

Coleman's lawsuit describes the conflict as a battle over property rights, but real estate and yachting experts say it's also a sign of the times.

As wealthy new residents pour into the county wanting all the perks of the Sunshine State, they want a boat to go along with their waterfront homes and golf club memberships. Some longtime residents fear Palm Beach County is turning into a playground for billionaires, to the detriment of everyday people who also want to live in sunshine and peace.

This conflict between Old Florida and new money is an ever-present tension, but even seasoned yacht brokers say they've never seen interest in luxury yachts quite as strong as it is now.

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"What we've seen in the marketplace right after COVID in the yachting industry, and especially the superyacht segment, is the most incredible growth ever seen in the history of yachting to date," said Shannon McCoy, a luxury yacht advisor and broker with Worth Avenue Yachts in Palm Beach.

"A lot of people are moving here with serious money," added Pascal Savoy, U.S. managing director of Camper & Nicholsons International yacht brokers in Fort Lauderdale.

While in the past Palm Beach County was not considered lively enough for some buyers, Savoy said the county's growing sophistication is putting it on the map in a way never seen before.

"It's a mini-Monaco for us," Savoy said.

Prices for mega-yachts can range from $18 million to $60 million, or many times that, for the largest and most decked-out mega-yachts, Savoy said.

While some yachts can be glitzy, a 164-foot Westport is considered a more low-profile boat, Savoy added.

Michael Bozzuto's interests: Houses, boats and philanthropy

Bozzuto is no newcomer to North Palm Beach. He's been a resident of the village for 20 years.

He is the billionaire owner of a family-owned supermarket wholesaler in Connecticut, and an investor and philanthropist who likes to collect houses and yachts, Coleman said.

In addition to the four North Palm Beach houses and several yachts he owns, Bozzuto in February paid a whopping $31.1 million for a house in the Town of Palm Beach Shores. The house, which has two docks, sits just north of the Palm Beach/Lake Worth Inlet.

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Coleman said there is plenty of room for other boaters to navigate the waterway when Honey is parked at the Shore Drive house in North Palm Beach. And while other people may not have as large a yacht, there are other sizeable yachts parked on docks behind other North Palm Beach homes, too, he added.

At a 2017 village council meeting, then-Mayor Darryl Aubrey commented on the issue, according to the complaint.

"When I didn't live here full time, I had a boat sitting in my dock, I was gone nine months of the year. I don't see how you can say that someone has to be in a residence year-round, seems to be some interpretation of occupant, there would be an enormous number of violations," Aubrey said.

Another member of the village council asked if the village had a definition now, the complaint said.

Rubin, the village attorney, replied: "No, we don't," according to the lawsuit.

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Palm Beach County's waterways run deep, and they are popular

The yacht docking dispute is particularly timely, given the scarcity of dock space for boats of all sizes.

The most convenient place to park a boat is on the water behind a house, brokers say. But not every waterway or channel can accommodate the draft, or depth, of a mega-yacht.

However, the dock behind Bozzuto's Shore Drive house can.

Not only is the Westport not known for its deep hulls, but the waterway also is typical of northern Palm Beach County, which boasts deep water and easy access to the ocean via the Lake Worth Inlet, said Coleman, a lifelong boater.

"In Palm Beach County, they have deeper water, and it allows people to have larger yachts," Savoy agreed.

But not every waterway is deep enough for every boat.

McCoy said she specializes in helping advise potential yacht owners about the county's varied water depths before they buy a house, if they plan to dock their yacht behind it.

If yacht owners don't have a private dock, the other option is a marina. But marina space is hard to find, with many dock berths reserved for months in advance, McCoy said.

Despite the challenges of owning a boat and finding a place to dock it, yacht brokers say demand continues.

They see interest continuing from business executives moving here with their families as they relocate their companies to Palm Beach County. There's also a growing demand for yachts among female buyers, McCoy added.

They also see younger mega-yacht buyers, some even in their early 30s. This is in sharp contrast to the mostly older buyers in the past, Savoy said.

Palm Beach County may not be as go-go as Miami-Dade County when it comes to showy ships, but if interest continues, "it's coming," Savoy said. "You're going to attract bigger yachts."

Put another way: "No one needs a boat, but everyone needs a boat," McCoy said. "It's the ultimate lifestyle."

Alexandra Clough is a business writer and columnist at  The Palm Beach Post . You can reach her at  [email protected] . Twitter:  @acloughpbp .  Help support our journalism. Subscribe today.