Frequently Asked Questions and Answers - Yacht and Ships

FAQ’s and answers are provided to the public for quick reference to commonly asked questions. They are not to be considered legal advice. If you are conducting legal research or your question arises as a result of litigation, you should consult with an attorney or refer to the latest edition of the Florida Statutes.

What chapter of law governs the licensing and regulation of yacht and ship brokers and salespersons in the state of Florida?

Chapter 326, Florida Statutes, the Yacht and Ship Brokers’ Act

What is a yacht?

A yacht is a vessel that exceeds 32 feet in length, weighs less than 300 gross tons, and is propelled by sail or machinery in the water.

Cite: Section 326.002(4), Florida Statutes, and Rules 61B-60.001(1)(c) & (d), Florida Administrative Code

What is a new yacht?

A new yacht is a yacht that has never been titled or previously owned.

What is the difference between a Florida licensed yacht and ship broker and a Florida licensed yacht salesperson?

A Florida licensed yacht and ship broker is a person who has been licensed by the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division), and who, for or in expectation of compensation: sells, buys, offers, or negotiates to sell or buy; solicits or obtains listings of; or negotiates the purchase, sale, or exchange of yachts for other persons.  An applicant for a broker’s license must file with the Division a surety bond or letter of credit in the sum of $25,000.  Additionally, a broker must maintain an escrow account in a Florida financial institution.  A Florida licensed yacht salesperson is a person who has been licensed by the Division, and who is employed by a broker to perform any acts of a broker.  Each salesperson’s license must remain in the possession of the employing broker until canceled or until the salesperson leaves such employment.  Immediately upon a salesperson’s withdrawal from the employment of a broker, the broker must return the salesperson’s license to the Division for cancellation.  An applicant for a salesperson’s license must file a surety bond or letter of credit in the sum of $10,000 with the Division.

Cite: Sections 326.002(1) & (3) and 326.004, Florida Statutes, and Rule 61B-60.004, Florida Administrative Code

What is an "employing" yacht broker ?

An employing broker is a Florida licensed yacht and ship broker who is responsible for the actions of all yacht salespersons under their license.  Each salesperson’s license must remain in the possession of the employing broker until canceled or until the salesperson leaves such employment.  Immediately upon a salesperson’s withdrawal from the employment of a broker, the broker must return the salesperson’s license to the Division for cancellation.

Cite: Section 326.004(14)(b), Florida Statutes

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.

Cite: Rule 61B-60.001(1)(j), Florida Administrative Code

How do I obtain a license to become a yacht broker or salesperson in Florida ?

To apply for a yacht and ship broker or salesperson license, you must file with the Division of Florida Condominiums, Timeshares, and Mobile Homes:

  • a completed application (DBPR Form YS 6000-1)
  • a $551 fee
  • a complete set of fingerprints
  • an original surety bond or letter of credit in the amount of $10,000 for a salesperson’s license or $25,000 for a broker’s license.

Mail to:

Department of Business and Professional Regulation

Attn:  FCTMH’s Yacht and Ship Brokers’ Section

2601 Blair Stone Road

Tallahassee, Florida 32399-1030

Contact us at 850.487.2987 if you have any questions.

Cite: Rule 61B-60.003, Florida Administrative Code

How long does it take the Division’s Yacht and Ship Brokers’ Section to process an application for a license to act as a yacht and ship broker or salesperson ?

An application packet is processed within a few days of receipt by the Division’s Yacht and Ship Brokers’ Section. A temporary 90-day license is issued if the application packet includes a completed application with required signatures, a $551 fee, a complete set of fingerprints, and an original surety bond or letter of credit. A permanent 2-year license is issued once the results of the background check are reviewed and found acceptable.

Cite: Rule 61B-60.003, Florida Administrative Code

What steps need to be taken in order to change brokerage companies or make other changes to a yacht and ship broker or salesperson license ?

To update any information on your license, you must submit a Change Form along with your license to the Division’s Yacht and Ship Brokers’ Section. If you are changing brokerage affiliations or becoming an employing broker of your own brokerage, a $100 change fee must be remitted along with the Change Form. No fee is required for a name or address change, or if it is within 60 days of the expiration date of the license. The Division will reissue the license reflecting the changes indicated; any such reissuance will not result in an extension of the expiration date of the license. Note: Licensees must, not later than 30 days after a change of business address or affiliation, submit the updated information to the Division.

Cite:  Rule 61B-60.002, Florida Administrative Code

How do I find out if a yacht broker or salesperson is licensed by the state of Florida ?

You may verify a yacht broker’s or salesperson’s license by visiting www.MyFloridaLicense.com, or by contacting the Yacht and Ship Brokers’ Section at 850.487.2987.

When is a yacht and ship broker’s or salesperson’s license not required for a yacht transaction in Florida ?

A license is not required for a person who sells his or her own yacht; a transaction involving the sale of a new 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; or, a transaction involving the foreclosure of a security interest in a yacht.

Cite: Section 326.004(3), Florida Statutes

How do I file a complaint against a yacht broker or salesperson ?

You may file a written complaint with the Division’s Yacht and Ship Brokers’ Section. To request a complaint form, you may call 850.487.2987, or download a printable copy from this page.  Please complete the form, listing all of your allegations, and include any documentation or backup information that you may have.

1. Mail your complaint to:
Department of Business and Professional Regulation
Attn:  FCTMH’s Yacht and Ship Brokers’ Section
2601 Blair Stone Road
Tallahassee, Florida 32399-1030

2. Or, e-mail your complaint to the Customer Contact Center at             http://www.myfloridalicense.com/contactus/.

3. Or, fax your complaint to 850.488.7149.

What types of activity are considered violations of the Yacht and Ship Brokers’ Act ?

Activities such as fraud or dishonest acts; misrepresentation; improper conduct; unlicensed activity; escrow violations, such as commingling of funds or failure to return deposits, are violations of the Yacht and Ship Brokers’ Act.  (Refer to Chapter 326, Florida Statutes, for a complete list of violations.)  The Division has authority to impose civil penalties up to $10,000 per violation, suspend or revoke licenses, take other administrative action, or bring an action in circuit court.

While the Division’s Yacht and Ship Brokers’ Section will accept anonymous complaints and tips from the public, supporting documentation should be submitted in order to assist in substantiating alleged violations of the Yacht and Ship Brokers’ Act.

Cites: Section 326.006,Florida Statutes, and Rule 61B-60.008, Florida Administrative Code

What protection can I expect from doing business with a licensed Florida yacht broker or salesperson ?

The Yacht and Ship Brokers’ Act requires all funds received pursuant to a sale, exchange, or purchase of a yacht to be placed in an escrow trust account.  Additionally, all licensed Florida yacht brokers and salespersons undergo a criminal background check, and are required to file with the Division a surety bond or letter of credit that covers their licensure period. Any person injured as a result of a licensee’s violation of the Yacht and Ship Brokers’ Act may file a claim against the licensee’s surety bond or letter of credit.

Cites: Sections 326.004(7) & (11) and 326.005, Florida Statutes, and Rules 61B-60.004 and 61B-60.006, Florida Administrative Code

How do I renew my Florida yacht broker or salesperson license ?

You may complete the renewal application online at https://www.myfloridalicense.com/intercept.asp or mail in your renewal application to:

Department of Business and Professional Regulation
Attn:  FCTMH’s Yacht and Ship Brokers’ Section
2601 Blair Stone Road
Tallahassee, Florida 32399-1030

At least 60 days prior to your license expiration date, the Division of Florida Condominiums, Timeshares, and Mobile Homes will mail to you a DBPR Form YS 6000-6 (Application for Yacht and Ship License Renewal/Branch Office Renewal).  Your application for license renewal must include the $500 renewal fee and the surety bond or letter of credit, or proper continuation certificate.

Cite: Rule 61B-60.003, Florida Administrative Code

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Need Help?

All requests for publications, documents, forms, applications for licenses, permits and other similar certifications can be obtained by contacting the Customer Contact Center.

Kevin Stanfield , Director

Division of Florida Condominiums,
Timeshares,and Mobile Homes

2601 Blair Stone Road
Tallahassee, FL 32399

Telephone: 850.488.1122
Facsimile: 850.921.5446