Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-60 - YACHT AND SHIP BROKERS › Section 61B-60.001 - Definitions and Scope

Current through Reg. 50, No. 138; July 16, 2024
(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.