Fla. Admin. Code Ann. R. 61B-60.001 - Definitions and Scope

(1) For purposes of these rules, the following definitions apply:

(a) "Branch Office" shall mean any and all secondary locations of a yacht and ship broker.

(b) "Division" shall mean the Division of Florida Condominiums, Timeshares, and Mobile Homes, Department of Business and Professional Regulation, which is statutorily authorized to regulate yacht and ship brokers and salespersons.

(c) "Length" as it refers to a yacht or ship in accordance with Section 326.002(4), F.S., shall mean the measurement from end to end over the deck parallel to the centerline excluding sheer. The division shall consider the following in determining the length of a yacht or ship:

1. A U.S. Coast Guard certificate of documentation;

2. A state vessel certificate of title; or

3. A manufacturer's statement of origin.

(d) "Gross Tons" as it refers to a yacht or ship in accordance with Section 326.002(4), F.S., shall mean the standards of volume measurement calculated by the Tonnage Division of the U.S. Coast Guard in accordance with 46 C.F.R. § 69.209 (2002) "Calculation of tonnages, " which rule is incorporated by reference.

(e) "Negotiate" means any communication made to a buyer, seller, or agent of a buyer or seller in furtherance of the listing, offer, sale, or exchange of a yacht. This includes communications made orally, verbally, non-verbally, or in writing through any medium at any point in a listing, offer or sale, such as during sea trials, showings of vessels, listings of vessels, preparation of transaction documents, and closings.

(f) "Offer to sell, " "offer to buy, " or "offer" means the solicitation, advertisement, or inducement, or any other method or attempt, to encourage any person to acquire, sell, or exchange any interest in a yacht. This includes: contacting owners to obtain listings, showing vessels to prospective buyers, presenting offers, accepting deposits, and presenting closing statements to buyers and sellers.

(g) "Principal place of business" shall mean the primary location of the business of a yacht and ship broker.

(h) "Prominently displayed" as it refers to a license of a broker or salesperson in accordance with Section 326.004, F.S., shall mean that the license is placed in a conspicuous location on the premises and is readily visible from the entrance of the principal place of business or branch office.

(i) "Sheer" shall mean longitudinal curvature of the main deck between bow and stern with low point amidships.

(j) "Foreign brokers or salespersons" shall mean those brokers or salespersons who primarily conduct business in states other than Florida or in countries other than the United States and do not maintain a valid license from the division.

(k) "Temporary 90-day license" shall mean the kind of preliminary license issued by the division to an applicant for a yacht and ship salesperson or broker license in accordance with Section 326.004, F.S. Such license shall expire without further notice 90 days from the issuance of the temporary license, upon issuance of a permanent license, or upon the applicant's receipt of the division's notice of intent to deny the application, whichever is earlier.

(2) Scope; Exempt Transactions. No license is required for a secured party, as defined by Section 679.105, F.S., who forecloses his or her security interest in a yacht. However, a license is required for a person who acts as a broker as defined by Section 326.002, F.S., on behalf of, or as agent for, such a secured party.

(3) Scope; Selected Non-exempt Transactions.

(a) Brokers and salespersons licensed by the division will be deemed to be in violation of Chapter 326, F.S., if they transact business with unlicensed brokers or salespersons otherwise subject to jurisdiction of Chapter 326, F.S. However, brokers and salespersons licensed by the division may transact business with foreign brokers or salespersons so long as those foreign brokers or salespersons do not physically enter the State of Florida to act as brokers or salespersons as defined within Chapter 326, F.S.

(b) Auctioneers of vessels over 32 feet in length, when such vessels would otherwise be subject to the jurisdiction of the division, must be licensed under Chapter 326, F.S., and shall be subject to specific licensing requirements as set forth therein, and in Chapter 61B-60, F.A.C.

Notes

Fla. Admin. Code Ann. R. 61B-60.001

Specific Authority 326.003(2) FS. Law Implemented 326.002(1), 326.004, 326.006 FS.

New 2-13-90, Amended 11-25-90, 10-11-92, Formerly 7D-60.001, Amended 5-15-03.

New 2-13-90, Amended 11-25-90, 10-11-92, Formerly 7D-60.001, Amended 5-15-03.