Yes. If you’re in the business of selling boats in Florida, you need a license to sell boats in Florida, and the kind you need depends on what you’re selling and how. Commercial vessel sales fall under either Chapter 328 of the Florida Statutes, which governs vessel dealer registration, or Chapter 326, which governs yacht and ship broker licensing. Selling your own boat as a private owner doesn’t require either one.
Which License You Need
The split comes down to the transaction. A business that buys boats and resells them from inventory operates as a vessel dealer under Chapter 328. A business that negotiates or arranges the sale of yachts and ships for compensation, typically on behalf of an owner, operates as a broker under Chapter 326. A small dealership moving fishing boats and pontoons works under dealer registration. A broker arranging the sale of a 60-foot sportfisher for a commission works under broker licensing. Some businesses do both and need both.
Vessel Dealer Registration Under Chapter 328
Vessel dealer registration runs through the county tax collector’s office. You can’t conduct any sales transactions until the registration is in place.
At application, the state requires a copy of your current sales tax certificate from the Florida Department of Revenue and a copy of any local commercial or occupational business license required by the municipality where you operate.1Florida Senate. Florida Code 328.52 – Special Manufacturers and Dealers Number
Once registered, you face restrictions on inventory use. Vessels registered under a dealer number can only be used for demonstration, sales promotion, or testing. Taking a dealer-registered boat out for personal recreation, running charters on it, or putting it to any other commercial use violates the statute.1Florida Senate. Florida Code 328.52 – Special Manufacturers and Dealers Number
Dealers must keep accurate records of every transaction, including buyer and seller details, vessel identification numbers, and sale prices. The Florida Department of Highway Safety and Motor Vehicles can inspect those records. Dealers also collect and remit Florida sales tax on each sale.
Yacht and Ship Broker Licensing Under Chapter 326
The Department of Business and Professional Regulation oversees three license categories under Chapter 326: yacht salesperson, yacht broker, and employing broker. These apply to anyone who negotiates or arranges the sale of yachts and ships for compensation.
The application fee for any of the three license types is $500. Applicants submit fingerprints along with a $51 criminal background processing fee. Renewal costs $500.2MyFloridaLicense.com. Yacht and Ships – Licensing
Who Doesn’t Need a License
Florida’s licensing requirements target people in the business of buying and selling boats, not every person who happens to sell one. Three situations fall outside the dealer registration rules:
- Private sellers. If you personally own a boat and sell it, you don’t need a dealer registration.
- Nonprofits. Charitable organizations selling boats as part of their mission are generally exempt, though they still have to handle documentation and tax remittance properly.
- Financial institutions. Banks and credit unions disposing of repossessed vessels don’t need a dealer registration when those sales are incidental to lending operations rather than a regular commercial activity.
Private sales still carry obligations. The seller should provide a signed bill of sale. The buyer handles titling and registration with the DHSMV, and sales tax still applies, though in a private transaction the buyer typically pays it at the tax collector’s office when transferring the title rather than at the point of sale.
Penalties for Selling Without a License
Operating as a vessel dealer without registration is a serious offense. Enforcement can come from the DHSMV, the Department of Business and Professional Regulation, or local law enforcement, depending on what the activity looks like.
Penalties escalate with severity and frequency. A first offense can bring significant fines. Repeat violations or large-scale unlicensed operations can lead to misdemeanor charges carrying potential jail time. Authorities can also issue cease-and-desist orders that force an immediate shutdown, and violators may face administrative hearings that impose additional sanctions. On top of all of that, an unlicensed seller has no legal standing to claim the protections and privileges that come with proper registration.
Sales Tax Every Licensed Seller Collects
Every boat sold, delivered, used, or stored in Florida is subject to the state’s 6 percent sales and use tax, plus any applicable county discretionary surtax.3Florida Senate. Florida Code 212.06 – Sales, Storage, Use Tax; Collectible From Dealers Dealers and brokers collect the tax from the buyer at the time of sale or delivery.4Florida Department of Revenue. Sales and Use Tax on Boats – Information for Dealers and Brokers
Florida caps the total tax on a single boat sale at $18,000, which includes both state sales tax and any local discretionary surtax. On a $300,000 boat, you owe $18,000 instead of what a straight 6 percent calculation would produce. The county discretionary surtax only applies to the first $5,000 of the purchase price, with the rate depending on the county where the buyer resides.4Florida Department of Revenue. Sales and Use Tax on Boats – Information for Dealers and Brokers
Returns and payments are due on the first of each month and become late after the 20th of the month following the reporting period. Florida law requires dealers to file a return even in months with zero sales.4Florida Department of Revenue. Sales and Use Tax on Boats – Information for Dealers and Brokers