Regulatory Reform & Economic Development Subcommittee: Meeting Packet, Thursday, November 16, 2023, Webster Hall (212 Knott)
- Issuer
- Congressional materials
- Document type
- 2023 11 16 3236 Regulatory Reform Economic Development Subcommittee Meeting Packets Fn Rrs
- Date
- 2023-11-16
Summary
A meeting packet of the Florida House of Representatives Regulatory Reform & Economic Development Subcommittee for Thursday, November 16, 2023. The agenda lists consideration of HB 95, Yacht and Ship Brokers' Act, an update on Space Florida and a panel discussion on the commercial aerospace industry in Florida. The packet includes the House staff analysis of HB 95, which states that the bill removes the 300 gross tons weight limit from the definition of yacht, exempts brokers licensed in another state from licensure for transactions executed with a broker licensed in this state, and lets a broker applicant qualify through four yacht sales or 20 continuing education credits. The analysis reports 2,818 licensed salespersons and 1,270 licensed brokers and an effective date of October 1, 2024. The packet also carries the bill text, an amendment summary and Space Florida slides.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Regulatory Reform & Economic Development Subcommittee: Meeting Packet, Thursday, November 16, 2023, Webster Hall (212 Knott).”
Original at www.flhouse.gov, dated 2023-11-16. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-11-16-2023-11-16-3236-regulatory-reform-economic-development-subcommittee-meeting-packets-fn-rrs-11-16-23/
, SHA-256 8beeef2bd6cb0b5d5f08a0435fc710ee8d0e81390eaa4870a5143e69ddd1cf49.Full text
Regulatory Reform & Economic
Development Subcommittee
Thursday, November 16, 2023
9:00 AM – 11:30 AM
Webster Hall (212 Knott)
Meeting Packet
Paul Renner Tyler Sirois
Speaker Chair
The Florida House of Representatives
Commerce Committee
Regulatory Reform & Economic Development Subcommittee
Paul Renner Tyler Sirois
Speaker Chair
Meeting Agenda
Thursday, November 16, 2023
9:00 am – 11:30 am
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 95 Yacht and Ship Brokers' Act by LaMarca
Update on Space Florida
Panel Discussion on Commercial Aerospace Industry in Florida
V. Closing Remarks
VI. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 95
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 95 Yacht and Ship Brokers' Act
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS: SB 92
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Florida Department of Business and Professional Regulation, Division of Florida Condominiums,
Timeshares, and Mobile Homes (division), regulates yacht and ship brokers and salespersons. For the
purposes of the practice act, “yacht” means any vessel which is propelled by sail or machinery in the water
which exceeds 32 feet in length, and which weighs less than 300 gross tons.
A yacht and ship “broker” is a person who, for or in expectation of compensation: sells, offers, or negotiates to
sell; buys, offers, or negotiates to buy; solicits or obtains listings of; or negotiates the purchase, sale, or
exchange of, yachts for other persons. A person may not be licensed as a broker unless they have been a
salesperson for at least 2 consecutive years.
A license is not required for:
A person who sells his or her own yacht,
An attorney at law for services rendered in his or her professional capacity,
A receiver, trustee, or other person acting under a court order,
A transaction involving the sale of a new yacht, or
A transaction involving the foreclosure of a security interest in a yacht.
The bill expands the definition of “yacht” by:
Increasing the number of vessels included by removing the vessel weight limit, and
Requiring that the vessel be:
o Manufactured or operated primarily for pleasure; or
o Leased, rented, or chartered to someone other than the owner for the other person's pleasure.
The bill provides that a license is not required for a person who regularly conducts business as a yacht or ship
broker or salesperson in another state who engages in the purchase or sale of a yacht in Florida, if the
transaction is executed with a Florida broker or salesperson.
The bill amends the requirements to become a broker by:
Removing the requirement that the applicant be licensed as a salesperson for two years, and
Requiring that the applicant has been a salesperson and can either:
o Demonstrate direct involvement in at least four transactions that resulted in the sale of a yacht, or
o Certify that he or she has obtained at least 20 continuing education credits.
The bill may have a minimal fiscal impact on state government, and no fiscal impact on local governments.
The effective date of the bill is October 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0095.RRS
DATE: 11/14/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Yacht and Ship Brokers
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
various businesses and professionals in Florida through 12 divisions, including the Division of Florida
Condominiums, Timeshares, and Mobile Homes (division).1
The division provides consumer protection for Florida residents through education, complaint
resolution, mediation and arbitration, and developer disclosure. 2 The division has limited regulatory
authority over the following business entities and individuals:
Condominium Associations;
Cooperative Associations;
Florida Mobile Home Parks and related associations;
Vacation Units and Timeshares;
Yacht and Ship Brokers and related business entities; and
Homeowners’ Associations.3
For the purposes of the practice act, “yacht” means any vessel which is propelled by sail or machinery
in the water which exceeds 32 feet in length, and which weighs less than 300 gross tons. 4
A yacht and ship “broker” is a person who, for or in expectation of compensation: sells, offers, or
negotiates to sell; buys, offers, or negotiates to buy; solicits or obtains listings of; or negotiates the
purchase, sale, or exchange of, yachts for other persons. 5 A person may not be licensed as a broker
unless they have been a salesperson for at least 2 consecutive years. 6
A yacht and ship “salesperson” is a person who, for or in expectation of compensation, is employed by
a broker to perform any acts of a broker.7
Yacht and ship brokers, salespersons, and related business organizations are regulated under ch. 326,
F.S., and by the division.8 A person may not act as a broker or salesperson in Florida unless they are
licensed by the division.9
An applicant for a license as a broker or salesperson must demonstrate or provide the following to the
division:10
Proof of good moral character.
Proof that they have never been convicted of a felony.
A $25,000 bond for broker or a $10,000 bond for salespersons to the division.
Proof that they are a resident of Florida or that they conduct business in Florida.
A full set of fingerprints taken within the 6 months immediately preceding the submission of the
application.
Proof that they have not operated as a broker or salesperson without a license.
1 S. 20.165, F.S.
2 Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile
Homes, http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/ (last visited Nov. 12, 2022).
3 Id.
4 S. 326.002(4), F.S.
5 S. 326.002(1), F.S.
6 S. 326.004(8), F.S.
7 S. 326.002(3), F.S.
8 Ch. 326, F.S.
9 S. 326.004(1), F.S.
10 S. 326.004(6), F.S.
STORAGE NAME: h0095.RRS PAGE: 2
DATE: 11/14/2023
A license is not required for:11
A person who sells his or her own yacht,
An attorney at law for services rendered in his or her professional capacity,
A receiver, trustee, or other person acting under a court order,
A transaction involving the sale of a new yacht, or
A transaction involving the foreclosure of a security interest in a yacht.
Currently, there are 2,818 licensed salespersons and 1,27012 licensed brokers. Last fiscal year, there
were 29 yacht and ship broker complaints to the division, and there was one 13 disciplinary action.14
There are no provisions for a license by endorsement, or licensure for persons who are lic ensed in
another jurisdiction.
Effect of the Bill
The bill expands the definition of “yacht” by:
Increasing the number of vessels included by removing the vessel weight limit, and
Requiring that the vessel be:
o Manufactured or operated primarily for pleasure; or
o Leased, rented, or chartered to someone other than the owner for the other person's
pleasure.
The bill provides that a license is not required for a person who regularly conducts business as a yacht
or ship broker or salesperson in another state who engages in the purchase or sale of a yacht in
Florida, if the transaction is executed with a broker or salesperson licensed in this state.
The bill amends the requirements to become a broker by:
Removing the requirement that the applicant first be licensed as a salesperson for at least two
consecutive years, and
Requiring that the applicant has been a salesperson and can either:
o Demonstrate that he or she has been directly involved in at least four transactions that
resulted in the sale of a yacht, or
o Certify that he or she has obtained at least 20 continuing education credits approved by
the division.
The effective date of the bill is October 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 326.002, F.S.; relating to a definition.
Section 2: Amends s. 326.004, F.S.; relating to a licensing exception and a licensing requirement.
Section 3: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
11 S. 362.004(3), F.S.
12 There are 938 employing brokers and 332 yacht and ship brokers.
13 The division issued one warning letter.
14 Email from Chris Kingry, Deputy Director of Legislative Affairs, Department of Business and Professional Regulation,
RE: Yachts (Nov. 14, 2023).
STORAGE NAME: h0095.RRS PAGE: 3
DATE: 11/14/2023
The bill may have an insignificant negative fiscal impact related to licensing fees collected by the
division due to less out-of-state yacht and ship brokers needing to have a Florida license to do
business in Florida in certain circumstances.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will bring very large and heavy yachts under the regulatory practice act. The bill may allow
more out-of-state yacht and ship brokers to do business in Florida. Applicants for a broker license who
opt to qualify for a license by completing 20 hours of education will incur costs related to completing
those education hours.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The division will need to adopt rules to approve continuing education credits.
C. DRAFTING ISSUES OR OTHER COMMENTS:
In the agency analysis for a similar bill last year, DBPR notes that “[t]he term “pleasure” is undefined,
and thus rulemaking authority is required to define such a term. Moreover, “primarily” would need to be
defined by either statute or rule relative to the scope of use. Otherwise, there is no standard by which to
discern whether the yacht in question is a yacht for which the division has regulatory authority.” 15
Additionally, using the term “continuing education” to describe initial education for a broker may cause
confusion.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
15 Department of Business and Professional Regulation, 2023 Agency Legislative Bill Analysis for HB 83 at 3 (Feb. 17,
2023).
STORAGE NAME: h0095.RRS PAGE: 4
DATE: 11/14/2023
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 95 2024
1 A bill to be entitled
2 An act relating to the Yacht and Ship Brokers' Act;
3 amending s. 326.002, F.S.; revising the definition of
4 the term "yacht"; amending s. 326.004, F.S.; exempting
5 a person who conducts business as a broker or
6 salesperson in another state from licensure in this
7 state for specified transactions; requiring, rather
8 than authorizing, the Division of Florida
9 Condominiums, Timeshares, and Mobile Homes of the
10 Department of Business and Professional Regulation to
11 deny licenses for applicants who fail to meet certain
12 requirements; revising requirements for licensure as a
13 broker; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (4) of section 326.002, Florida
18 Statutes, is amended to read:
19 326.002 Definitions.—As used in ss. 326.001-326.006, the
20 term:
21 (4) "Yacht" means any vessel that which is propelled by
22 sail or machinery in the water, which exceeds 32 feet in length,
23 and is:
24 (a) Manufactured or operated primarily for pleasure; or
25 (b) Leased, rented, or chartered to someone other than the
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0095-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 95 2024
26 owner for the other person's pleasure which weighs less than 300
27 gross tons.
28 Section 2. Subsections (6) and (8) of section 326.004,
29 Florida Statutes, are amended, and paragraph (f) is added to
30 subsection (3) of that section, to read:
31 326.004 Licensing.—
32 (3) A license is not required for:
33 (f) A person who conducts business as a broker or
34 salesperson in another state as his or her primary profession
35 and engages in the purchase or sale of a yacht under this act if
36 the transaction is executed in its entirety with a broker or
37 salesperson licensed in this state.
38 (6) The division must may deny a license to any applicant
39 who does not meet all of the following requirements:
40 (a) Furnish proof satisfactory to the division that he or
41 she is of good moral character.
42 (b) Certify that he or she has never been convicted of a
43 felony.
44 (c) Post the bond required by the Yacht and Ship Brokers'
45 Act.
46 (d) Demonstrate that he or she is a resident of this state
47 or that he or she conducts business in this state.
48 (e) Furnish a full set of fingerprints taken within the 6
49 months immediately preceding the submission of the application.
50 (f) Have a current license and has operated as a broker or
Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0095-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 95 2024
51 salesperson without a license.
52 (8) A person may not be licensed as a broker unless he or
53 she has been licensed as a salesperson and can demonstrate that
54 he or she has been directly involved in at least four
55 transactions that resulted in the sale of a yacht or can certify
56 that he or she has obtained at least 20 continuing education
57 credits approved by the division for at least 2 consecutive
58 years, and may not be licensed as a broker unless he or she has
59 been licensed as a salesperson for at least 2 consecutive years .
60 Section 3. This act shall take effect October 1, 2024.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0095-00
REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 95 by Rep. LaMarca
Yacht and Ship Brokers' Act
AMENDMENT SUMMARY
November 16, 2024
Amendment 1 by Rep. LaMarca (line 56):
• Clarifies that pre-licensure education is not “continuing” education.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 95 (2024)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative LaMarca offered the following:
4
5 Amendment
6 Remove line 56 and insert:
7 that he or she has obtained at least 20 education
496441 - h0095-line56.docx
Published On: 11/15/2023 4:10:32 PM
Page 1 of 1
Space Florida
B E W H E R E N E W I D E A S TA K E O F F ™
Nov. 16, 2023
• Served as Commander for Space Launch Delta 30 and Western
Launch and Test Range, Vandenberg Space Force Base.
• Managed $8.4 billion in assets, a $280 million annual budget,
installations spanning more than 118,000 acres, and oversaw
11,000 military, civilian, and contractor personnel.
• Proven leader with more than 25 years of experience overseeing
large organizations across the aerospace spectrum from launch
operations and mobility to logistics and spaceport operations.
• Career focused on improving and enhancing the transportation
to, from, and in space, managing complex aerospace programs,
leveraging innovative, and developing new business models and
operating concepts Rob Long, President and CEO
• Key roles advising the Defense Department’s Chief Technology
Officer and senior Defense Department space leaders.
• Track record of building partnerships across and within
government & industry toward mutually beneficial outcomes. We pursue growth.
We embrace new thinking.
We champion collaboration.
We strive for excellence.
We encourage balance.
Space Florida is the state's aerospace finance and development
authority. In 2006 a unique state statute was enacted that would
open the door to more creative financing options and
infrastructure access – making aerospace ventures much easier
to launch. This attracted even more aerospace activity to the
state. And every new deal brought new ideas and broader
experience to the Space Florida community.
Today, Space Florida offers leading aerospace companies
unrivaled experience, unmatched financial tools, and an
unbeatable location for their new initiatives.
Space Florida: Be Where New Ideas Take Off ™
TOTAL SPACE FLORIDA
ECONOMIC IMPACT
SINCE 2007
SPACE FLORIDA PROJECTED
YEARLY ECONOMIC IMPACT
SPACE FLORIDA IS RESPONSIBLE FOR
NEARLY 20% OF FLORIDA’S
AEROSPACE WORKFORCE
From spaceport authority operations and business development roles,
Space Florida brings finance, business, and industry experts who
have proven they know exactly what it takes to launch successful,
groundbreaking aerospace initiatives.
• Develop Infrastructure • Statewide aerospace projects in both spaceport
and non-spaceport territory
• Statewide Planning
• Diverse financial toolkit of capital programs,
• Build, Own, Lease, & Operate
structure providing financial and tax efficiencies,
• Launch Complex 46 and 20 infrastructure investment, conduit financing
• Exploration Park • Simplify treasury, tax, and intercompany issues
• Launch & Landing Facility
Non-Space Florida Tools
Triumph Gulf Coast Fund (Capital Investment Tax Credit)
Special Dirt Spaceport Improvement Program Off Balance Sheet Financing
No Developer Fees/Margins Sales Tax Exemption Ad Valorem Exemption
Southeast: 17 Projects
Southwest: 5 Projects
Central Florida: 21 Projects
Space Coast: 52 Projects
Tampa Bay: 12 Projects
Northeast: 3 Projects
West Central: 1 Project
Big Bend: 2 Projects
Northwest: 16 Projects
No Specific Region Selected: 18 Projects
93 Leads, 45 Opportunities, 9 Closing
Total Non-Spaceport Opportunities in Current Pipeline:
Total Spaceport Opportunities in Current Pipeline:
Aerospace Defined in Florida Statute
“Aerospace” means the technology and industry
related to the design, manufacture, maintenance,
repair, and operation of aircraft or any other device
intended to be used or designed for flight or reentry,
including rockets, missiles, spacecraft, satellites, space
vehicles, space stations, space and aircraft facilities or
components thereof, and related equipment, systems,
facilities, simulators, programs, and activities,
including, but not limited to, the application of
aerospace and aviation technologies in air-based,
land-based, space-based, and sea-based platforms for
commercial, civil, and defense purposes.
Airbus US Space And Defense - $75 Million
CAE USA Inc. - $70 Million + $12 Million
Satellite Manufacturing Facility (Space Coast)
Training/HQ (Tampa Bay)
SIMCOM - $110 Million
Northrop Grumman - $250 Million
Flight Simulator Leasing
Tooling & Equipment (Space Coast)
$35 Million Add-on (Central Florida)
Embraer S.A. - $18 Million
BAE Systems - $200 Million
Engineering And Technology Center
Shiplift Installation (Northeast)
Tax-Exempt Issuance (Space Coast)
$120 million satellite processing facility
Launch and Landing Facility (Space Coast)
• Infrastructure
• Manufacturing & Maintenance
• Repair
• Overhaul
• In-Space Manufacturing
• Satellites
• Logistics & Servicing Hubs
• Spaceports
• Multimodal Transportation Facilities
• R&D Center
• Link to Non-Terrestrial Infrastructure
is the global gateway for the aerospace industry.
Rob Long
President and CEO
Rlong@spaceflorida.gov
Lindsay Pierce
Director of Government Relations and External Affairs
lpierce@spaceflorida.gov
Mike Miller
VP of External Affairs
mmiller@spaceflorida.gov
File and source
- File
- 2023-11-16_3236_regulatory-reform-economic-development-subcommittee_meeting-packets_fn-rrs-11-16-23.pdf
- Size
- 4,783,324 bytes
- SHA-256
- 8beeef2bd6cb0b5d5f08a0435fc710ee8d0e81390eaa4870a5143e69ddd1cf49
- Original
- www.flhouse.gov