May 2009 - Florida Yacht Brokers Association, Inc.
May 2009 - Florida Yacht Brokers Association, Inc.
May 2009 - Florida Yacht Brokers Association, Inc.
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PRESIDENT<br />
Bruce Schattenburg (The Sacks Group)<br />
VICE PRESIDENT<br />
Crom Littlejohn (Merle Wood & Associates)<br />
TREASURER<br />
Bob Zarchen (The Marine Group)<br />
SECRETARY<br />
Jeff Erdmann (Bollman <strong>Yacht</strong>s)<br />
DIRECTORS<br />
Georges Bourgoignie (Camper & Nicholsons)<br />
Jason Dunbar (Luke Brown <strong>Yacht</strong>s)<br />
Paul Flannery (HMY <strong>Yacht</strong> Sales)<br />
Tom George (MarineMax)<br />
Whit Kirtland (Merrill-Stevens)<br />
Lon McCloskey (The Marine Group)<br />
Gary Smith (Sarasota <strong>Yacht</strong> & Ship)<br />
COMMITTEE CHAIRMAN<br />
Advertising/Publicity:<br />
Lon McCloskey & Georges Bourgoignie<br />
Arbitration Ethics:<br />
Crom Littlejohn, Lon McCloskey & Paul Flannery<br />
Brokerage <strong>Yacht</strong> Show:<br />
Lon McCloskey, Crom Littlejohn & Whit Kirtland<br />
Charter Broker Liaison:<br />
Crom Littlejohn, Bruce Schattenburg & Lon McCloskey<br />
Brokerage Forms:<br />
Crom Littlejohn, Paul Flannery & Gary Smith<br />
Charter Forms: Crom Littlejohn & Bruce Schattenburg<br />
Membership: Tom George & Georges Bourgoignie<br />
Member Services:<br />
Jason Dunbar, Bruce Schattenburg<br />
& Georges Bourgoignie<br />
MIASF & Legislation:<br />
Jeff Erdmann, Jason Dunbar & Georges Bourgoignie<br />
Seminars: Bob Zarchen & Tom George<br />
Sponsorship:<br />
Bob Zarchen, Tom George & Paul Flannery<br />
Social: Jason Dunbar & Lon McCloskey<br />
CYBA, MYBA, YBAA, IYC & AYCA Liaisons:<br />
Bruce Schattenburg, Crom Littlejohn & Gary Smith<br />
Certified Professional <strong>Yacht</strong> <strong>Brokers</strong> Liaison:<br />
Tom George, Gary Smith & Chuck MacMahon<br />
EXECUTIVE DIRECTOR<br />
Rae Whitt<br />
IN<br />
THIS<br />
ISSUE<br />
M A Y 2 0 0 9<br />
<strong>2009</strong> Palm Beach International Boat Show. For story and photos, see pg. 14-15<br />
MARK YOUR<br />
CALENDARS!<br />
FOUR<br />
UPCOMING<br />
FYBA<br />
EVENTS<br />
LISTINGS TO CLOSINGS & THE LAW SEMINAR<br />
FT. LAUDERDALE, FL / THURSDAY, JULY 16, <strong>2009</strong><br />
Sponsored by Fowler White Burnett, P.A. &<br />
ASAP Marine Documentation & Registration (see p.24)<br />
LISTINGS TO CLOSINGS & THE LAW SEMINAR<br />
SARASOTA, FL / THURSDAY, JULY 30, <strong>2009</strong><br />
Sponsored by Fowler White Burnett, P.A. &<br />
Total Dollar Insurance (see p.25)<br />
EDUCATIONAL CHARTER SEMINAR<br />
FT. LAUDERDALE, FL / WEDNESDAY, AUGUST 12, <strong>2009</strong><br />
SUMMER BEACH BBQ - SATURDAY, JULY 18, <strong>2009</strong><br />
June 3rd Thurs. Form . . . . . . . . . . . . . . . . . . . . . . . . . . .5<br />
1st Tuesday Open House Form . . . . . . . . . . . . . . . . . . .6<br />
New Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8<br />
New Applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9<br />
Member News . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-11<br />
Palm Beach Boat Show Recap . . . . . . . . . . . . . . .14-15<br />
Charter News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16<br />
June 2nd Wed. Form . . . . . . . . . . . . . . . . . . . . . . . . . .17<br />
On The Move . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18<br />
Bulletin Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20<br />
Membership Info . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26<br />
Membership Application . . . . . . . . . . . . . . . . . . . . . . .27
SPONSORS Letter from the President<br />
BRUCE SCHATTENBURG<br />
PLATINUM SPONSORS<br />
MOORE & CO.<br />
<strong>2009</strong> Annual Dinner Meeting<br />
WESTPORT<br />
<strong>2009</strong> Annual Dinner Meeting<br />
TRIDENT FUNDING CORPORATION<br />
Thursday Broker Shows<br />
FOWLER WHITE BURNETT, P.A.<br />
4th & 5th Annual Listings to Closings & the Law<br />
GOLD SPONSORS<br />
ALLEY, MAASS, ROGERS & LINDSAY, P.A<br />
BROWN & BROWN MARINE INSURANCE<br />
13th Annual <strong>Yacht</strong> Sales & the Law Seminar<br />
SILVER SPONSORS<br />
ASAP MARINE DOCUMENTATION &<br />
REGISTRATION, INC.<br />
5th Annual Listings to Closings & the Law Seminar<br />
TOTAL DOLLAR INSURANCE<br />
4th Annual Listings to Closings & the Law Seminar<br />
IGY<br />
Charter Destinations Seminar<br />
BRONZE SPONSORS<br />
BANK OF AMERICA<br />
Annual Dinner Meeting (Band)<br />
CONTRIBUTING SPONSORS<br />
MIKE WHITT<br />
Dear Members,<br />
C O N T A C T U S F O R 2 0 0 9 S P O N S O R S H I P I N F O R M A T I O N<br />
First, let me say again what an honor it is to serve as your President of the FYBA. I have the<br />
pleasure of working with one of the most qualified, professional and experienced Board of<br />
Directors as well as our professional office staff of Executive Director, Rae Whitt; Director of<br />
Member Services, Randi Radulovich; Administrative Assistant, Liz Hasle; and our part-time<br />
assistant, Carolina Perez.<br />
Many of you know me personally and let me extend my “open door policy” for any of our<br />
members who have ideas or want to discuss a problem. Our industry is in a historic down turn<br />
that is larger than any one person or organization. It’s times like these when we all need each<br />
other and our Marine Organizations more then ever. Please, if any of you have any good ideas<br />
and suggestions regarding what the FYBA should be doing or could be doing to help our membership,<br />
please contact me, one of the Board Members or Rae Whitt. Believe me when I say,<br />
“WE ARE HERE TO HELP!”<br />
The first quarter of <strong>2009</strong> has been extremely active, productive and challenging for FYBA. Our<br />
major project has been to develop and promote a “Marine Industry Economic Stimulus<br />
Program”. Responsibility of this project has been given to our Legislative Committee headed<br />
up by Jeff Erdmann of Bollman <strong>Yacht</strong>s, Jason Dunbar of Luke Brown <strong>Yacht</strong>s and Georges<br />
Bourgoignie of Camper & Nicholsons. Our first priority was to hire Mark Bailey as our<br />
Legislative Affairs Consultant and Ron Book as our lobbyist working for us around the state<br />
and in Tallahassee. These guys have been doing an amazing job! Please see the full report in<br />
this issue of the newsletter.<br />
The Board had an all-day <strong>2009</strong> planning session lead by Jim Wilkey of Luke Brown <strong>Yacht</strong>s.<br />
Jim is an amazing facilitator who in his former life worked for some large “Fortune 500”<br />
Corporations. It was a successful meeting and helped us prioritize where the organization is<br />
heading as well as establish our goals and objectives and how to achieve them.<br />
I look forward to seeing you at the FYBA “Open House” events as well as at our seminars<br />
and around the docks.<br />
Best Regards,<br />
Bruce Schattenburg<br />
FYBA President<br />
CONTACT:<br />
P O BOX 460044<br />
FT. LAUDERDALE, FLORIDA 33346<br />
95 4.522.9270 TEL / 954.764.0697 FAX<br />
WWW.FYBA.ORG / FYBA@FYBA.ORG
CHARTER PROFESSIONALS COMMITTEE<br />
MEET TO SET GOALS FOR <strong>2009</strong><br />
<strong>2009</strong> CHARTER<br />
PROFESSIONALS COMMITTEE<br />
BOARD REPRESENTATIVES<br />
Bruce Schattenburg<br />
The Sacks Group<br />
Crom Littlejohn<br />
Merle Wood & Associates<br />
CHAIR PERSON<br />
Nicole Caulfield<br />
Robert J. Cury & Associates<br />
COMMITTEE MEMBERS<br />
Kathleen Allen<br />
International <strong>Yacht</strong> Collection<br />
Els Bucknell<br />
Churchill <strong>Yacht</strong> Partners<br />
Allison Cecilio<br />
The Sacks Group<br />
Pat Codere<br />
Fraser <strong>Yacht</strong>s<br />
Daphne d’Offay<br />
Chamberlain <strong>Yacht</strong>s<br />
Terry Hines<br />
International <strong>Yacht</strong> Collection<br />
L.J. Houghting<br />
Northrop & Johnson<br />
Nina Martinsen<br />
Camper & Nicholsons<br />
Jennifer Saia<br />
The Sacks Group<br />
Jeff Shaffer<br />
Neptune Group <strong>Yacht</strong>ing<br />
Marian Walker<br />
The Marine Group<br />
Committee members strategize during planning session<br />
FYBA Charter Professionals Committee members<br />
Nicole Caulfield, Bruce Schattenburg,<br />
Crom Littlejohn, Daphne d’Offay, Els<br />
Bucknell, L.J. Houghting, Jeff Shaffer, Nina<br />
Martinsen, Pat Codere and Allison Cecilio<br />
along with Rupert Connor met April 14th at<br />
the American <strong>Yacht</strong> Institute (AYI) to discuss<br />
committee goals and plans for the upcoming<br />
year. FYBA member Jim Wilkey facilitated the<br />
session and guided the committee though the<br />
session, helping them to identify objectives<br />
and problems. The program began with a recap<br />
of 2008 events and accomplishments, including<br />
two successful seminars: Education Charter<br />
Seminar in July and Charter Destinations<br />
Seminar in October.<br />
AYI owner Kristin Cavallini-Soothill welcomed<br />
the committee and gave a short presentation<br />
on what the AYI does and the courses it<br />
offers. The AYI is a professional training facility<br />
for land and sea that specializes in training<br />
future professional staff as well as the presently<br />
employed in each respective industry.<br />
This was the first planning session held for the committee<br />
and featured lively discussions on growing the<br />
global charter market, promoting the value of the Charter<br />
membership in FYBA, and fostering a greater understanding<br />
of common charter issue with continuing education and certification<br />
programs.<br />
Is Your<br />
GOLD STAR<br />
Attached?<br />
If you have renewed your<br />
membership, thank you!<br />
If not, we have not received<br />
your membership dues.<br />
Dues must be paid in order to be<br />
listed in the FYBA Directory and<br />
Website. If you did not receive the<br />
email with your link to pay your<br />
dues online, please contact fyba at<br />
954.522.9270 or email<br />
randi@fyba.org.<br />
Don’t miss out on the upcoming<br />
broker open houses and<br />
educational seminars.<br />
The Charter Professionals Committee was established in 2004 and is<br />
currently comprised of 11 FYBA member firms involved in Charter<br />
Marketing/Management plus 2 FYBA board members. Its objectives are to<br />
promote a high standard of professionalism among those involved in the charter<br />
industry and to provide continuing educational programs.<br />
Stay Involved!<br />
09<br />
<strong>2009</strong><br />
3
APRIL Third Thursday <strong>Brokers</strong> Show<br />
Blessed with perfect spring weather, the April 16th<br />
open house took place under sunny skies at Bahia<br />
Mar. A strong showing of 25 boats were on display,<br />
ranging in size from the 60’ TRACI LYN to the<br />
168’ ENTERPRISE V. FYBA staff conducted registration<br />
at host boat TRIUMPHANT LADY, a 155’<br />
Sterling that just underwent an impressive refit completed<br />
earlier this year. Over 160 professionals attended<br />
the open house, which was a great way for members to<br />
network and catch up with each other! The next open<br />
house will be in <strong>May</strong> at Lauderdale Marine Center,<br />
which is offering complimentary two-night dockage<br />
for boats participating in the open house! Watch your<br />
email and the website for details!<br />
Thanks to Jim Foley, Bob Allen and Julio Santana<br />
of Trident Funding for sponsoring the event<br />
catered by <strong>May</strong>ra’s Personal Touch Catering.<br />
Ladies enjoy food and cocktails on EVY’S ANGEL<br />
Leslie Adams, Tom Collins & Debbie Dye<br />
Host boat TRIUMPHANT LADY<br />
Chuck MacMahon & Tucker Fallon<br />
onboard the Cheoy Lee 81’<br />
75’ Fleming M/Y VAMOOSE
JUNE 18, <strong>2009</strong><br />
TBA<br />
Sponsored By:<br />
TRIDENT FUNDING<br />
Host Boat:<br />
TBA<br />
Call Dockmaster for Rates<br />
954.627.6309<br />
You must check in and pay<br />
for dockage upon arrival.<br />
Please call FYBA<br />
and fax a copy of this<br />
form to reserve a spot.<br />
P 954.522.9270<br />
F 954.764.0697<br />
LEGISLATIVE UPDATE<br />
As the dust settles from <strong>Florida</strong>’s <strong>2009</strong> Regular Legislative Session,<br />
FYBA evaluates the results of the session with an eye to the future.<br />
There were a few key issues that captured our attention this year.<br />
The FYBA joined efforts with the Marine Industries of South <strong>Florida</strong><br />
to support efforts to extend the “10 to 90” day tax exemption provision<br />
for non-resident boat buyers to remain in <strong>Florida</strong> waters. The<br />
extension to “180” days was approved by the <strong>Florida</strong> Legislature in<br />
the final days of the session. The FYBA helped fund the needed<br />
study and data collection required in order to convince the<br />
Legislature that the 180 day extension will have a “no-cost” impact<br />
on <strong>Florida</strong>’s budget and support the broader marine industry.<br />
The FYBA opened a new chapter of our public affairs agenda. As<br />
FYBA strategized on the best approach to improve the competitive<br />
conditions facing <strong>Florida</strong>’s brokers and dealers, Representative Tom<br />
Grady (R), Naples, introduced a bold measure that would place a<br />
sales tax cap on boat sales in <strong>Florida</strong>. While we recognized the<br />
political hurdles ahead, the FYBA hired 3 highly skilled lobbyists to<br />
work closely with Rep. Grady, Rep. Ellyn Bogdanoff (R), Ft.<br />
Lauderdale, and other co-sponsors as this issue gained unanimous bipartisan<br />
support and passed the <strong>Florida</strong> House of Representatives.<br />
COMPANY CONTACT PHONE<br />
BOAT NAME TYPE YEAR<br />
LENGTH BEAM DRAFT ASKING PRICE<br />
I, do hereby authorize the marina to charge the<br />
following credit card for dockage, tax and incidental charges.<br />
Circle one: AMEX MC VISA<br />
CARD# EXP. DATE<br />
CARD HOLDER NAME AUTHORIZED SIGNATURE:<br />
The <strong>Florida</strong> Senate, however, was unable to address this and many<br />
other initiatives as the clock ran out for the <strong>2009</strong> Regular 60 Day<br />
Session <strong>May</strong> 1, <strong>2009</strong>.<br />
Just to put things into perspective, reportedly the <strong>Florida</strong> Legislature<br />
typically passes 450 bills during the 60 day annual Legislative session.<br />
This year, of the 2367 measures introduced (Resolutions,<br />
General Bills, Local Bills, etc.), only 238 passed the Legislature.<br />
Even with the success in the <strong>Florida</strong> House the realization of what<br />
more needs to be done has become clear. The importance of reliable<br />
data, political involvement, building coalitions and an educational<br />
effort will be needed for a complete public policy agenda.<br />
We hope to build on our experience and will enlist the FYBA membership<br />
as we develop a legislative agenda for the future goals &<br />
benefits of our membership.<br />
FYBA Legislative Committee<br />
Jeff Erdmann – Jason Dunbar – Georges Bourgoignie<br />
Bruce Schattenburg - President
FYBA INTRODUCES…<br />
1ST TUESDAY<br />
WEST COAST BROKERS<br />
OPEN HOUSE<br />
With the help of new FYBA Board member Gary Smith of Sarasota yacht<br />
& Ship, FYBA is excited to introduce the First Tuesday West Coast Broker<br />
Open House! Similar to the Third Thursday Broker Open House held in Ft.<br />
Lauderdale, this new monthly event will take place at Marina Jacks in<br />
Sarasota. Dockage is $90 for the night plus electric. FYBA is excited<br />
to expand its services to the members on the west coast of <strong>Florida</strong> and<br />
looks forward to the event!<br />
In order to help us plan, please let us know how many people from your<br />
firm will be attending. To register a boat, fill out the below form or register<br />
online at www.fyba.org and fax the completed form to 954.764.0697.<br />
For more information, email randi@fyba.org.<br />
JUNE 2, <strong>2009</strong><br />
MARINA JACKS<br />
HOST BOAT TBA<br />
Call Dockmaster for Rates<br />
941.955.9488<br />
You must check in and pay<br />
for dockage upon arrival.<br />
Please call FYBA<br />
and fax a copy of this<br />
form to reserve a spot.<br />
P 954.522.9270<br />
F 954.764.0697<br />
COMPANY CONTACT PHONE<br />
BOAT NAME TYPE YEAR<br />
LENGTH BEAM DRAFT ASKING PRICE<br />
I, do hereby authorize the marina to charge the<br />
following credit card for dockage, tax and incidental charges.<br />
Circle one: AMEX MC VISA<br />
CARD# EXP. DATE<br />
CARD HOLDER NAME AUTHORIZED SIGNATURE:<br />
Yes, I plan to attend without putting a boat in the open house<br />
LMC TO HOST…<br />
MAY 28TH BROKERS<br />
OPEN HOUSE<br />
A change in scenery is in store for those who plan on attending the<br />
<strong>May</strong> 28th <strong>Brokers</strong> Open House. The <strong>May</strong> open house will be at<br />
Lauderdale Marine Center (LMC) located on the New River. LMC is<br />
pleased to offer participating boats 2-nights FREE dockage, with electric<br />
being charged at cost.<br />
LMC is the largest marine facility in the U.S. and is a premier, allinclusive,<br />
50-acre complex that can accommodate vessels up to 180',<br />
over 3300 feet of riverfront dockage, 125 floating slips and 29<br />
mega yacht berths, as well as all of the necessary resources to<br />
repair, refit, or refurbish your cherished yacht. Lauderdale Marine<br />
Center has 19 covered sheds that can accommodate vessels up to<br />
150'. Travelifts are 300, 100, and 75 ton. For more information visit<br />
www.lauderdalemarinecenter.com.<br />
*NEW EVENT
FREEDOM WATERS ENJOYS<br />
SUCCESS AT DANIA BEACH<br />
MARINE FLEA MARKET<br />
Freedom Waters Foundation (FWF) raised close to $10,000 at the Dania<br />
Beach Marine Flea market all from donated marine related items from those<br />
in the yachting and boating industry, including a water pump that donated<br />
by Chris Barlow that will be used in the Children’s Home in the Bahamas.<br />
Profits pleasantly surprised FWF’s Board and Executive Director, exceeding<br />
their expectations, being their first year of participation.<br />
Tax deductible donations were collected from yacht brokers, boat<br />
yards, individuals and businesses in the boating industry. Thank you<br />
to Ron McTighe for securing the free market space and getting free<br />
storage for the entire year. A number of volunteers recruited through<br />
Luke Brown <strong>Yacht</strong>s stood in the sunshine and pouring rain and cold,<br />
working endlessly to raise the funds for FWF. Chris Barlow was just<br />
one of those volunteers. Given his dedication and enthusiasm<br />
throughout this flea market process, Chris has now been appointed the<br />
“Marine Merchandise Manager” for Freedom Waters Foundation. He<br />
will continue to take in and sell marine related items for FWF. Chris<br />
can be contacted at (954) 790-4753.<br />
Freedom Waters Foundation is a non-profit organization co-founded by<br />
FYBA member John Weller that provides boating opportunities and<br />
marine related education for children with cancer and their families.<br />
Programs include: yacht outings, sailing programs, fishing programs<br />
and special events such as regattas, fishing tournaments, family fun<br />
days and more! For more information visit www.freedomwatersfoundation.com<br />
or call Executive Director Debra Frenkel at 305-588-2082.
Voted on at March Board Meeting:<br />
PROFESSIONAL ACTIVE<br />
Michael Engstrand* - Sunseeker Int’l <strong>Yacht</strong> Brokerage<br />
2550 S. Bayshore Dr., #4, Coconut Grove, FL 33133<br />
Phone: 305-856-4050, Fax: 305-856-4030<br />
Joel Lipton* - United <strong>Yacht</strong> Sales<br />
701 N. Federal Hwy., #301, Stuart, FL 34994<br />
Phone: 772-463-3131, Fax: 772-463-3121<br />
Ted Robie* - Nordhavn <strong>Yacht</strong>s<br />
600 N.W. Dixie Hwy., Stuart, FL 34994<br />
Phone: 772-223-6331, Fax: 772-223-3631<br />
PROFESSIONAL ASSOCIATE<br />
Juan Pasch - Mason <strong>Yacht</strong>s International<br />
1010 S. Ocean Blvd., Pompano Beach, FL 33062<br />
Phone: 954-933-3864, Fax: 954-933-3867<br />
NEW MEMBERS<br />
CHARTER ASSOCIATE<br />
Carolina Carlton - Camper & Nicholsons USA<br />
651 Seabreeze Blvd., Ft. Lauderdale, FL 33316<br />
Phone: 954-462-1462, Fax: 954-462-1442<br />
SUPPORT<br />
Lourdes Durand - The Sacks Group<br />
1600 S.E. 17th St., #418, Ft. Laud., FL 33316<br />
Phone: 954-764-7742, Fax: 954-523-3769<br />
Voted on at April Board Meeting:<br />
PROFESSIONAL ASSOCIATE<br />
Roy Kaplan - Sarasota <strong>Yacht</strong> & Ship Services, <strong>Inc</strong>.<br />
1306 Main St., Sarasota, FL 34236<br />
Phone: 941-365-9095, Fax: 941-955-1727<br />
Craig Nann - <strong>Florida</strong> <strong>Yacht</strong> Charters & Sales, <strong>Inc</strong>.<br />
1177 Avenue C, Riviera Beach, FL 33404<br />
Phone: 561-844-1100, Fax: 561-844-8946<br />
Jay Alan Waters - United <strong>Yacht</strong> Sales<br />
701 N. Federal Hwy., #301, Stuart, FL 34993<br />
Phone: 772-463-3131, Fax: 772-463-3121<br />
AFFILIATE ACTIVE<br />
Alex M. Gonzalez* - Holland & Knight LLP<br />
701 Brickell Ave., #3000, Miami, FL 33131<br />
Phone: 305-374-8500, Fax: 305-789-7799<br />
AFFILIATE ASSOCIATE<br />
Julie L. Dunham - Holland & Knight LLP<br />
701 Brickell Ave., #3000, Miami, FL 33131<br />
Phone: 305-789-7402, Fax: 305-789-7799<br />
CHARTER ASSOCIATE<br />
Natalia Hortynski - Ardell <strong>Yacht</strong> & Ship <strong>Brokers</strong><br />
1550 S.E. 17th St., Ft. Lauderdale, FL 33316<br />
Phone: 954-525-7637, Fax: 954-527-1292<br />
Vanessa Jiron - Bartram & Brakenhoff of <strong>Florida</strong><br />
304 S.E. 20th St., Ft. Lauderdale, FL 33316<br />
Phone: 954-779-7377, Fax: 954-522-9425<br />
Judith Lovatt - Bartram & Brakenhoff of <strong>Florida</strong><br />
304 S.E. 20th St., Ft. Lauderdale, FL 33316<br />
Phone: 954-779-7377, Fax: 954-522-9425<br />
SUPPORT<br />
Walter K. Sea - Ocean Alexander of <strong>Florida</strong>, LLC<br />
2300 E. Las Olas Blvd., #2 East, Ft. Laud., 33301<br />
Phone: 954-779-1905; Fax: 954-779-1909
PROFESSIONAL ACTIVE<br />
Andre F. Hardy* - Huish Marine Group, <strong>Inc</strong>.<br />
1350 S.E. 17th St., Ft. Lauderdale, FL 33316<br />
Phone: 954-527-4211; Fax: 954-527-4255<br />
Whit Kirtland & Bill Fitzsimmons<br />
Michael Smalley* - Aquasition <strong>Yacht</strong> Group<br />
1900 Sunset Harbour Dr., #3, Miami Beach 33139<br />
Phone: 954-665-7138; Fax: 305-673-4525<br />
Henry Schoone & Kent Chamberlain<br />
Ewart W. Thompson* - Ocean Tech Marine, <strong>Inc</strong>.<br />
215 S.W. 3rd St., #210, Dania Beach, FL 33304<br />
Phone: 954-990-0300; Fax: 954-990-0292<br />
Mack Carroll & Ralph Navarro<br />
PROFESSIONAL ASSOCIATE<br />
Corey Koopmans - Soluna <strong>Yacht</strong>s<br />
255 Commercial Blvd., #204,<br />
Lauderdale-by-the-Sea, FL 33308<br />
Phone: 954-351-0155; Fax: 954-351-0157<br />
Wayne Helms & Andrew Cilla<br />
AFFILIATE ACTIVE<br />
Chris Dowling* - Northern Lights<br />
1415 S.W. 6th Court, Pompano Beach, FL 33069<br />
Phone: 954-946-7601; Fax: 954-946-7409<br />
Gregg Burdick & George Coggeshall<br />
Charley Kypreos* - CK Advertising & Design<br />
1100 Lee Wagener Blvd., #303, Ft. Laud., FL 33315<br />
Phone: 954-359-6758; Fax: 954-359-6759<br />
Charles Verner & Vito Miceli<br />
Richard Martinez* - bluMonk International, <strong>Inc</strong>.<br />
364 Sevilla Ave., Coral Gables, FL 33134<br />
Phone: 304-443-3358; Fax: 305-443-8188<br />
Whit Kirtland & Bob Zarchen<br />
Brian D. Staton* - Ship Equip, <strong>Inc</strong>.<br />
16825 48th Ave. West, Lynnwood, WA 98037<br />
Phone: 425-754-7554<br />
Whit Kirtland & Gary Smith<br />
NEW APPLICANTS<br />
AFFILIATE ASSOCIATE<br />
Christopher Pelikan - CK Advertising & Design<br />
1100 Lee Wagener Blvd., #303, Ft. Laud., FL 33315<br />
Phone: 954-359-6758; Fax: 954-359-6759<br />
Charles Verner & Vito Miceli<br />
CHARTER ACTIVE<br />
D. J. Kiernan* - Feadship America, <strong>Inc</strong>.<br />
801 Seabreeze Blvd., Ft. Lauderdale, FL 33316<br />
Phone: 954-761-1830; Fax: 954-761-3412<br />
Scott Jones & Joe Killian<br />
To be Voted on at <strong>May</strong> Board Meeting: Please review the list<br />
of new applicants carefully and submit any comments pro or<br />
con in writing to FYBA, P.O. Box 460044, Ft. Lauderdale, FL<br />
33346. All comments will be treated on a confidential basis.
Peter Thompson of OCEAN Independence (OCI) is<br />
happy to announce the sale of the Co-Central Agency<br />
yacht, 49.7m Christensen, CASINO ROYALE. This stunning<br />
2008 ‘Millennium Edition’ Christensen, with her proven<br />
transocean design, featuring an elegant and stylised mahogany<br />
interior including a full beam master cabin and a further 5 guest<br />
cabins and many sought-after modifications including an<br />
extended swim platform was sold with a full builder’s new boat<br />
warranty. For further details please visit: www.oceanindependence.com/forsale<br />
Curtis Stokes of The Sacks Group <strong>Yacht</strong>ing Professionals<br />
Brokerage Division recently announced two exciting new<br />
megayacht listings, including the majestic 153-foot Feadship<br />
PARAISO. Designed by renowned naval architect Jon<br />
Bannenberg and built in 1983, this yacht underwent a complete<br />
refit in 2008. PARAISO has five luxuriously appointed en suite<br />
guest staterooms, including a main-deck owner’s suite and a VIP<br />
stateroom on the lower deck. Lloyds-classed, she has a range of<br />
2,500 nautical miles at a cruising speed of 11 knots. Stokes’<br />
other new listing is Balkan 28, a 28-meter (91'10') raised pilothouse<br />
motor yacht built in 1982 by Cantieri Di Pisa. She has an<br />
interesting history, having originally been owned by the then-<br />
Communist Republic of Bulgaria for its Chairman of the State<br />
Council. Her current owner recently moved her to Turkey for a<br />
complete overhaul from the keel up. “Balkan 28 is nearing completion<br />
with a lengthened hull, all-new machinery, electronics,<br />
audio/visual, interior furnishings and more,” said Stokes. She is<br />
offered at $3.45 million. “The owner will consider all reasonable<br />
owner financing or leasing terms,” he reported. Contact<br />
954-764-7742 or curtis@curtisstokes.net<br />
Northrop and Johnson Luxury Collection Sales Division is thrilled<br />
to announce the sale of MISS PENNY, the 80’ Offshore, by Gregg<br />
Child. Launched in 2004, MISS PENNY is a new generation of heavily<br />
constructed, fuel efficient and sea worthy cruisers. Contact Gregg<br />
Child at gchild@njyachts.com or 954-522-3344.<br />
Northrop and Johnson Luxury Collection Sales Division is<br />
thrilled to announce the sale of LARA, the 125' Delta<br />
Expedition, by Kevin Merrigan. In February, Merrigan made<br />
yacht brokerage history announcing a BUY ONE GET ONE FREE<br />
deal, for LARA and JO-JO, the 60' Tempest. When LARA closed,<br />
instead of including JO-JO in the deal, Kevin accepted<br />
PRINCESS YOLINI, the 103' Broward, as a trade to complete the<br />
sale for his client. JO-JO will now be paired with PRINCESS<br />
YOLINI and offered for FREE to the lucky buyer! Both yachts are<br />
listed with Kevin Merrigan, and for a limited time, both yachts<br />
will be sold together - history will repeat itself for another<br />
remarkable deal. For additional details kindly contact Kevin<br />
Merrigan at kmerrigan@njyachts.com or 954-522-3344.<br />
United <strong>Yacht</strong> Sales reports that it has been enjoying a much better<br />
than expected Spring, having closed on 24 transaction in the<br />
month of April alone. Peter Schmidt (founder of United) notes<br />
that buyers realize that there has never been a better time to purchase<br />
a boat whether it be a day cruiser of large yacht.<br />
The Sacks Group’s Palm Beach Boat Show Display<br />
Attracts a Large Turnout: These days, nothing beats a<br />
“better than expected” consumer response at a boat show.<br />
That’s how the pros at The Sacks Group <strong>Yacht</strong>ing Professionals<br />
summed up business at the 24th Annual Palm Beach<br />
International Boat Show, which ran March 26-29 in West Palm<br />
Beach, <strong>Florida</strong>. TSGYP’s Brokerage and Charter Marketing<br />
Divisions both reported strong consumer interest, resulting in<br />
several pending yacht sales and bookings for the coming summer<br />
season.<br />
Classic <strong>Yacht</strong>s International is pleased to announce these recent<br />
sales in our Ft. Lauderdale, Ft. Pierce and Cape Coral offices.<br />
Steve Fithian, based in Ft. Lauderdale, sold a new <strong>2009</strong> Grand<br />
Banks 65 Aleutian RP and a new <strong>2009</strong> Grand Banks 45 Eastbay<br />
SX. Julee Jackson, in Ft. Pierce, sold a new 2008 Grand Banks<br />
45 Eastbay SX. CYI’s brokerage sales that have recently closed<br />
are: PASSAT I - GB 55 Eastbay SX, BALLAD - GB 49 Heritage<br />
CL, HAWK - GB 47 Eastbay FB, No Name - GB 47 Heritage EU,<br />
SUNRISE - GB 43 Eastbay HX, SANTA FE - GB 43 Eastbay HX,<br />
FIVE STAR - GB 43 Eastbay FB and HIS GRACE - GB 42 Heritage<br />
CL. All of these sales speak highly of both our knowledgeable<br />
sales team and the outstanding product we represent, Grand<br />
Banks <strong>Yacht</strong>s!<br />
CNI announces that Fernando Nicholson has sold the 112’<br />
Nautor’s Swan MYSTERYwhile she was lying in New Zealand.<br />
MYSTERY is now joining the CNI fleet for full yacht management<br />
and charter. Craig Erickson lists the 121’4” SEASCAPE<br />
from the Heesen yard. SEASCAPE is fast, cruising in excess<br />
of 26 knots. Newly signed for sale by Georges Bourgoignie is<br />
PHILOSOPHY (141’ Brooke <strong>Yacht</strong>s built in 1991) and<br />
VAMOOSE (75’ Fleming 2003). PHILOSOPHY is now being<br />
refitted with new machinery, exterior paint and other miscellaneous<br />
improvements. She will ship to the Med upon completion<br />
in time for the summer charter season. Bill Sanderson<br />
lists new Centrals PHANTOM, a 70’ Abeking & Rasmussen<br />
(1986); DANCE SMARTLY, a 106’ Palmer Johnson (1992),<br />
originally built as SHANAKEE; and an exciting 2007 Riva,<br />
PENDRAGON (68’). Bob O’Brien has brought with him 3 new<br />
CAs: DISCOVERY, a 74’ Lyman Morse, 2001; RHAPSODY,<br />
69’ Derecktor, 1970; and the 81’, 1978 Burger, HIGH<br />
MILEAGE. Contact Sara Montefiore at 954.524.4250 or<br />
sm@ftl.cnyachts.com.<br />
Sanlorenzo is proud to announce that they have contracted for<br />
new construction a SL72, SL82, SD92 and another of the award<br />
winning 40 Alloy’s within the last thirty days. Sales remain<br />
steady for the shipyard in large part because of the new products<br />
being introduced and the expanding sales network. Please visit<br />
our new office located at The Quay or contact us if you have any<br />
questions regarding the line at 954.376.4794 or by email at<br />
fortlauderdale@sanlorenzoyacht.com<br />
<strong>Yacht</strong>Blue congratulates Albert Prego from yachtBlue, who sold<br />
and delivered a new 500SC Marquis last month! For more information<br />
regarding the Maritimo and Marquis lines, please contact<br />
us at 954.376.4795 by email at info@yachtblue.net or visit our<br />
website at www.yachtblue.net
Alex G. Clarke, of Bartram & Brakenhoff, has<br />
acquired the new central listing on the 115’ CNP<br />
NAUMCHOS listed at 10.5m Euro as well as the CNP 45m<br />
priced at 25m Euro, both of which are new construction projects<br />
with the Italian Yard, Cantiere Navale di Pesaro, who Alex has<br />
become the global broker/representative for. Alex also has the<br />
new central in place on M/Y IRONY, a 2000 60’ <strong>Florida</strong> Bay<br />
Coaster priced at $725,000. Contact 954-779-7377 or<br />
aclarke@bartbrak.com.<br />
Fort Myers based Marcali <strong>Yacht</strong> Brokerage and Consulting LLC is<br />
open for business. The company is a full service yacht brokerage<br />
organization specializing in the marketing and sale of all vessel<br />
types. Marc Harris, USGC licensed captain and owner, has over 30<br />
years experience in yacht management, construction and consulting.<br />
For more information about Marcali please visit www.marcaliyacht.com<br />
or call (239) 275-3600.<br />
American Global <strong>Yacht</strong> Group announced it has entered into an<br />
agreement to acquire Southport Boat Works. The agreement is<br />
scheduled to be consummated within the next few weeks. As part of<br />
the transaction, AGYG will continue to produce Southport fiberglass<br />
sport fishing boats in their current facility. Southport builds<br />
a premier line of high quality sport fishing boats in 26 and 28-foot<br />
models at its 52,000 square foot facility in Leland, NC. The company<br />
distributes its products through boat dealerships in the United<br />
States, Puerto Rico, Australia and Europe. If you would like more<br />
information go to our websites www.AGYG.com, www.Southport-<br />
Boatworks.com or contact Jerald Cureton at 609-923-0665.<br />
Marlow Marine Sales, <strong>Inc</strong>. hosted its annual Spring Rendezvous at<br />
the Ocean Reef Club on March 26 – 29. This exclusive private club<br />
setting allowed an entertaining and memorable time for the Cruise<br />
Club’s 80 attendees. Our members were kept as busy as they wanted<br />
to be with many activities to choose from. The days included entertaining<br />
and educational seminars. High winds subsided long enough<br />
on Saturday for the die hard fishermen to board “Mimi”, a 59’<br />
Sportfish for a deep sea fishing excursion. On Saturday afternoon,<br />
our members gathered on the docks to celebrate four Marlow<br />
Explorer christenings. In existence for over 14 years, the Marlow<br />
Marine Cruising Club’s rendezvous is held annually. Members<br />
include Marlow Explorer owners and owners of other quality yachts.<br />
For more information about the Marlow Marine Cruising Club and<br />
Marlow Marine Sales, <strong>Inc</strong>., visit www.marlowmarine.com or call 1-<br />
800-362-2657. Contact Jarlath@marlowexplorer.com for additional<br />
info or photos.<br />
Burger Boat Company is pleased to announce that Asia-Pacific<br />
Boating and China Boating magazines have nominated Tò-Kalòn, a<br />
101’ (31m) Burger Enclosed Bridge Motor <strong>Yacht</strong>, for “Most<br />
Innovative Exterior <strong>Yacht</strong> Design of the Year” and INGOT, a 153'<br />
(47m) Burger Tri-Deck Motor <strong>Yacht</strong>, for “Best Motor <strong>Yacht</strong>” (86 feet<br />
and up) for the <strong>2009</strong> Asia Boating Awards. The Annual Asia Boating<br />
Award was created by Asia-Pacific Boating and China Boating magazines<br />
to recognize the best of the maritime industry. This year the<br />
event will be held during the China International Boat Show, on<br />
April 17, <strong>2009</strong>.<br />
Burger Boat Company is pleased to announce that<br />
INGOT, a 153' (47m) Tri-Deck Motor <strong>Yacht</strong>, has been<br />
selected as a finalist for Boat International’s World Superyacht<br />
Awards in the category of “Best Displacement Motor <strong>Yacht</strong> Of<br />
Below 500gt (Approx 30m–49m).” Boat International Media will<br />
be presenting the fourth annual World Superyacht Award on <strong>May</strong> 16,<br />
<strong>2009</strong> at London’s historic Guildhall. The World Superyacht Awards<br />
are designed to recognize the talents of naval architects, designers,<br />
builders and ultimately, the visions of the owners who bring together<br />
the teams that work to create these masterpieces of modern<br />
design. Contact Ron Cleveringa at 920- 686-5117 or rcleveringa@burgerboat.com.<br />
Outer Reef <strong>Yacht</strong>s has introduced the first in a series of <strong>Yacht</strong>fish<br />
models. With this past years spike in fuel prices, many traditional<br />
battlewagon sport fishing machines with large horsepower engines<br />
and unsightly fuel burns, spent more time dockside than fishing.<br />
Many <strong>Yacht</strong>smen that do not fish hard core any longer, but still wish<br />
to drag bait are looking in a different direction, the <strong>Yacht</strong>fish motor<br />
yacht. The <strong>Yacht</strong>fisher is the best of both worlds. If you are looking<br />
to fish in far off fishing grounds, the <strong>Yacht</strong>fish platform affords<br />
long range and comfort, and can stay offshore on extending fishing<br />
expeditions for months at a time. Another great benefit is avoiding<br />
all those fueling stations along the way with the traditional battlewagon.<br />
Outer Reef <strong>Yacht</strong>s has under construction an 86 <strong>Yacht</strong>fish<br />
for a California client and expects to deliver her in December <strong>2009</strong>.<br />
For more information please go to www.OuterReef<strong>Yacht</strong>s.com or<br />
call 954-767-8305.<br />
Richard Kniffin with The Marine Group in Ft. Lauderdale has been<br />
appointed the Director of Marine Operations for the University of<br />
Miami (UM). This senior management position includes overseeing<br />
the operations of the R/V Walton Smith, a highly advanced 96’<br />
(40’beam) catamaran research vessel that carries up to 16 scientists<br />
and a crew of 6. Additionally, he will direct the UM Diving Safety<br />
Office with its very busy regional scientific diving operations.<br />
Other responsibilities include the UM Port of Miami Ship Support<br />
Facility, small boat operations (under 40’) and the Research Vessel<br />
Technical Services Group based at Harbor Branch Oceanographic<br />
Institute in Ft. Pierce, <strong>Florida</strong>. His office is located at the University<br />
of Miami Rosenstiel School on Virginia Key, <strong>Florida</strong> (Key<br />
Biscayne). Richard will continue his yacht broker association with<br />
The Marine Group.<br />
Have you ever dreamed of cruising the Mediterranean, but don’t<br />
have the cruising range to get there?Dockwise <strong>Yacht</strong> Transport<br />
(DYT) has your solution! They are currently offering special<br />
rates on a roundtrip package deal which departs Ft. Lauderdale,<br />
FL, or Newport, RI early August, arriving Sardinia, Italy late<br />
August. From there explore the magnificent coastlines of<br />
Sardinia, the Italian and French Rivieras, West to coastal Spain<br />
and Barcelona and onwards to the Balearic Islands and onto<br />
Palma de Mallorca, where DYT will meet you late October to<br />
bring you back to <strong>Florida</strong>. To reserve your space today, contact<br />
Gina or Laura at dyt.usa@dockwise-yt.com or call 1-866-SHIP-<br />
DYT (744-7398) and mention "package deal to the Med."
By Erin Ackor of Moore & Company, P.A.<br />
ELECTRONIC<br />
In this age of technology, where you can email, scan, skype, google<br />
and twitter, is the use of electronic records and electronic signatures<br />
legal? The short answer is yes.<br />
Federal Law governing Electronic Records and Electronic<br />
Signatures:<br />
According to the Electronic Signatures in Global and National<br />
Commerce Act (the “Act” or “E-Sign”), enacted into federal law on<br />
June 30, 2000, the use of electronic records and electronic signatures<br />
is legal unless such use is otherwise excluded from the Act. 1 The Act<br />
provides in part:<br />
“with respect to any transaction in or affecting interstate or foreign<br />
commerce--a signature, contract, or other record relating to such transaction<br />
may not be denied legal effect, validity, or enforceability solely<br />
because it is in electronic form; and a contract relating to such transaction<br />
may not be denied legal effect, validity, or enforceability solely<br />
because an electronic signature or electronic record was used in its<br />
formation.” 2<br />
Examples of electronic records and electronic signatures specifically<br />
excluded from use by the Act, include, but are not limited to, electronic<br />
records and electronic signatures utilized in connection with, the creation<br />
and execution of wills, codicils, or testamentary trusts, adoption,<br />
divorce or other matters of family law, the Uniform Commercial Code<br />
(excluding the sale of goods, leases, and other specified sections), and<br />
official judicial documents. 3<br />
Additionally, it should be noted that although the use of electronic signatures<br />
and electronic records is legal, the Act does not limit, alter or<br />
otherwise affect any requirement imposed by any other statute or rule<br />
of law related to the record, contract, signature, or transaction, except<br />
the requirement that such record, contract or signature be in non-electronic<br />
form. 4<br />
State Law governing Electronic Records and Electronic<br />
Signatures:<br />
Prior to the federal government’s enactment of the Act on June 30,<br />
2000, the National Conference of Commissioners on Uniform State<br />
Laws gathered for the purpose of establishing a uniform set of rules<br />
governing electronic records and electronic signatures for adoption by<br />
the States. Shortly thereafter, the Uniform Electronic Transactions<br />
Act, as approved by the National Conference of Commissioners on<br />
Uniform State Laws in 1999, was born. 5<br />
Where States adopt the Uniform Electronic Transactions Act (“UETA”),<br />
or a substantially similar law, the State enacted law would preempt the<br />
Act. 6 However, where States adopt a law governing electronic records and<br />
electronic signatures that is substantially different than UETA, the State<br />
enacted law would be preempted by the Act. 7
VALIDITY OF<br />
RECORDS & SIGNATURES<br />
<strong>Florida</strong> Law governing Electronic Records and Signatures<br />
Prior to the inception of UETA, the State of <strong>Florida</strong> took steps of<br />
its own to establish guidelines for the use of electronic records and<br />
electronic signatures and to further promote e-commerce by signing<br />
into law the Electronic Signature Act of 1996.<br />
The Electronic Signature Act of 1996 provides in part that:<br />
“Unless otherwise provided by law, an electronic signature may be<br />
used to sign a writing and shall have the same force and effect as a<br />
written signature.” 8<br />
Shortly thereafter, in 2000, <strong>Florida</strong> adopted UETA. 9 To date, all<br />
States with the exception of four (Georgia, Illinois, New York and<br />
Washington), have adopted UETA. 10 UETA, as enacted by the State<br />
of <strong>Florida</strong>, provides for legal recognition of electronic records and<br />
electronic signatures and states in part:<br />
(7)(a) A record or signature may not be denied legal effect or<br />
enforceability solely because the record or signature is in<br />
electronic form.<br />
(b) A contract may not be denied legal effect or enforceability<br />
solely because an electronic record was used in the formation<br />
of the contract.<br />
(c) If a provision of law requires a record to be in writing, an<br />
electronic record satisfies such provision.<br />
(d) If a provision of law requires a signature, an electronic<br />
signature satisfies such provision.” 11<br />
Additionally, it should be noted that in order to establish the validity of<br />
an electronic record or electronic signature, the parties to the transaction<br />
must agree to conduct a transaction by electronic means. 12 Whether the<br />
parties have agreed to conduct a transaction by electronic means is determined<br />
from the circumstances surrounding the transaction. 13<br />
What Constitutes an Electronic Signature and how is an<br />
Electronic Signature Attributed to the Signatory pursuant<br />
to <strong>Florida</strong> law?<br />
UETA defines an electronic signature as follows:<br />
“Electronic Signature means an electronic sound, symbol, or process<br />
attached to or logically associated with a record and executed or adopted<br />
by a person with the intent to sign the record.” 14<br />
In general terms, the following could be considered an electronic signature:<br />
Pasting a scanned version of your signature where a signature<br />
is required; Typing, by electronic means, your signature where<br />
a signature is required; Use of secured technology to generate a signature<br />
where a signature is required; or The act (or process) of pressing<br />
the “I accept” button (a popular form of electronic signature<br />
when purchasing goods and services on-line).<br />
However, the more important question may be: How is the electronic<br />
signature attributed to the signatory? How can you be sure that the electronic<br />
signature is that of the signatory and not the fraudulent use of an<br />
electronic signature by another person? This is perhaps the greatest area<br />
of concern when making a decision as to whether or not the parties to<br />
a transaction should agree to be bound by electronic signatures.<br />
Pursuant to UETA, the attribution of electronic records and electronic<br />
signatures is set forth as follows:<br />
(a) An electronic record or electronic signature is attributable to a<br />
person if the record or signature was the act of the person.<br />
The act of the person may be shown in any manner,<br />
including a showing of the efficacy of any security procedure<br />
applied to determine the person to which the electronic record or<br />
electronic signature was attributable.<br />
(b) The effect of an electronic record or electronic signature<br />
attributed to a person under paragraph (a) is determined from the<br />
context and surrounding circumstances at the time of its creation,<br />
execution, or adoption, including the parties’ agreement, if any,<br />
and otherwise as provided by law.” 15<br />
In general terms, in order to be a valid electronic signature, the electronic<br />
signature must be the act of the signatory. Whether or not the electronic<br />
signature is the act of the signatory may be determined from the<br />
circumstances surrounding the transaction such as:<br />
Does the electronic signature match the signatory’s signature?<br />
Did the electronic signature come from the signatory’s email address?<br />
Would the signatory logically have been able to affix the electronic signature<br />
to the electronic record?<br />
Currently, there are no specific rules requiring security procedures be<br />
implemented to ensure protection electronic records and electronic signatures.<br />
However, as the use of electronic records and electronic signatures<br />
continues to grow, rules governing their protection are likely to<br />
increase.<br />
*The information offered in this column is summary in nature and should not be considered<br />
a legal opinion.<br />
*Each country undoubtedly has their own law regarding validity of esignatures. As long<br />
as a particular contract is governed by US or <strong>Florida</strong> law, the article applies.<br />
Erin J. Ackor is an attorney at Moore & Company, P.A. (www.moore-and-co.net), a law<br />
firm specializing in maritime and aviation law with offices in Miami (Coral Gables) and<br />
Fort Lauderdale, <strong>Florida</strong>. Contact erin.ackor@moore-and-co.net / (786) 221 0600.<br />
1 15 USCS § 701<br />
2 Id.<br />
3 15 USCS § 7003<br />
4 15 USCS § 7001<br />
5 15 USCS § 7002<br />
6 Id.<br />
7 Id.<br />
8 Fla. Stat. § 668.004<br />
9 Ryan Hutton & Brandi Bennett,<br />
Uniform Electronic Transaction Act,<br />
(visited April 23, <strong>2009</strong>)<br />
www.ncsl.org/programs/CIP/uetastatutes.htm<br />
10 Id.<br />
11 Fla. Stat. § 668.50<br />
12 Id.<br />
13 Id.<br />
14 Id.<br />
15 Id.
24TH ANNUAL<br />
As the sails raised on the 24th Palm<br />
Beach International Boat Show, organizers<br />
and exhibitors were upbeat.<br />
The show featured new city docks, an<br />
expanded and improved layout and<br />
over 500 exhibitors who remained<br />
optimistic – and with good reason.<br />
While attendance was comparable to<br />
last year, many exhibitors reported that<br />
they saw more qualified leads and<br />
buyers who were “ready to make a<br />
deal” and not just browsing.<br />
The show featured more than 1,000<br />
boats and watercraft on display,<br />
ranging from inflatables to mega<br />
yachts and seafaring accessories and<br />
electronics, valued at more than<br />
$350 million. Some 25 yachts<br />
100 feet and longer, including the<br />
163-foot CASINO ROYALE by<br />
Christensen <strong>Yacht</strong>s, were featured at<br />
the show, its largest mega yacht<br />
showing ever, according to organizers.<br />
The boat show contributes about $15<br />
million a year to the local economy<br />
and provides temporary work for many.<br />
According to Info-Link Technologies<br />
<strong>Inc</strong>., new boat sales in January and<br />
February fell roughly 46 percent and<br />
52 percent in Broward and Palm<br />
Beach counties, respectively, compared<br />
with the same period in 2008.
<strong>2009</strong><br />
PALM BEACH INT’L BOAT SHOW<br />
COMMENTS FROM THE SHOW:<br />
“I found the Palm Beach Boat Show energizing,<br />
especially after a so-so <strong>Yacht</strong> & Brokerage Show in<br />
February, and a below-average show in Ft. Laud.”<br />
-Jennifer M. Saia, The Sacks Group<br />
“The Palm Beach Show was great for Denison <strong>Yacht</strong><br />
Sales. We met a lot of wonderful people on our new<br />
boats, the 62 Selene and the 40 Rivolta. Our brokerage<br />
boats were busy as well. I really believe the traffic,<br />
overall mood and a few very good offers gave a lot of<br />
us something very good to build on for the summer and<br />
then of course for the Ft. Lauderdale Show.”<br />
- Bob Denison, Denison <strong>Yacht</strong> Sales<br />
“Having walked the docks during the show, I picked<br />
up quite a few incredible boat deals to be had. This,<br />
in my opinion, is the ultimate buyers market and if its<br />
someone’s first time in boating, the size boat that can<br />
be had for the dollar, is quite impressive.”<br />
-Nicole Haboush, Allied <strong>Yacht</strong> Charter
Camper & Nicholsons USA Charter Marketing<br />
Division is pleased to announce the new Central<br />
Agency appointments of S/Y SHANTI, S/Y MYS-<br />
TERY, S/Y ROSINANTE OF NOTIKA and M/Y<br />
INCENTIVE for charter. M/Y INCENTIVE (142’) is<br />
a stunning 2004 tri-deck Palmer Johnson that can<br />
accommodate l0 guests in 5 luxurious staterooms.<br />
SHANTI (built 2007) is over 33m/108ft and<br />
accommodates eight guests in two master and two<br />
twin staterooms. SHANTI will be based out of<br />
Turkey and is ready to welcome guests onboard for<br />
an unforgettable holiday. The 109’ S/Y ROSI-<br />
NANTE OF NOTIKA is a beautiful sailing yacht<br />
featuring spacious guest accommodations for 6<br />
guests in three en suite staterooms. She will be<br />
available for charters in the Eastern Mediterranean<br />
over the summer. S/Y MYSTERY is now for charter.<br />
She is perfectly able to accommodate up to 8<br />
guests in style and comfort. Contact<br />
954.462.1462.<br />
Allied <strong>Yacht</strong> Charters would like to announce<br />
LADY SHARON GALE, the 78 Cheoy Lee has<br />
made her way back from St. Martin after years of<br />
chartering down there and is now home in Jupiter,<br />
FL. She is accepting charters for New England for<br />
the summer and will be there as early as mid-end of<br />
<strong>May</strong> w/ample notice. She's offering a special rate<br />
-if mentioning this newsletter-of $19,000 a week<br />
or $3000 a day plus expenses (off her normal<br />
$23,500 a week) for up to 6 overnight guests or<br />
12 day guests. She has 3 crew and has been updated<br />
from equipment to toys and is a perfect choice<br />
in the 80' range. Call or email Nicole Haboush<br />
with all inquiries at 305-213-8778 or<br />
nicole@alliedyachtcharters.com.<br />
Churchill <strong>Yacht</strong> Partners is pleased to welcome<br />
VICTORIAN ROSE, 62’ Burger MY as latest addition<br />
to their charter fleet. VICTORIAN ROSE has<br />
been lovingly restored by her current owner to a<br />
true Classic in new condition. She will debut at<br />
the Newport Charter Show June 23-26, <strong>2009</strong> and<br />
is available for charters in New England this summer.<br />
VICTORIAN ROSE features a full beam master<br />
and twin guest stateroom, making her ideal for<br />
a small family or 2 couples. With an experienced<br />
charter crew of 3 charter clients are assured excellent<br />
service and attention to every detail. For additional<br />
information, contact Els Bucknell at the<br />
Fort Lauderdale office at 954-527-2626.<br />
The Sacks Group<br />
Charter Marketing Division<br />
continues to offer exciting international<br />
charter vacations in keeping with its slogan,<br />
“Around The World in 80 Ways®”. En route to the<br />
Med for the <strong>2009</strong> MYBA Charter Show in Genoa<br />
and a summer of cruising is the 142-foot Westship<br />
MONALIZA .Among her many amenities, MON-<br />
ALIZAhas elegant accommodations for 10 guests.<br />
Monaliza’s base rate is 100,000-110,000 euros<br />
per week, plus expenses. The 115-foot Crescentbuilt<br />
M/Y HARMONY, which also will be featured<br />
at the MYBA Charter Show, sleeps 10 in four cabins,<br />
including an amidships master suite on the<br />
lower deck. HARMONY’s weekly charter base rate<br />
starts at US $70,000, plus expenses. Also Medbound<br />
is the sporty 120-foot M/Y IMPULSIVE,<br />
built in 1994 by Norship. Having just completed<br />
a major refit in 2008, IMPULSIVE accommodates<br />
eight guests in four staterooms, including an<br />
amidships master suite with his-and-hers bath,<br />
large Jacuzzi tub, plasma TV and Bose surroundsound<br />
system. She charters at a weekly base rate<br />
starting at US $85,000, plus expenses. Contact<br />
954-764-7742.<br />
The Sacks Group Helps a Client Take the<br />
Charter of a Lifetime. This winter, American<br />
entrepreneur Joe Hollingsworth, Jr. finally<br />
realized his dream of taking family and friends<br />
on an extended Caribbean cruise aboard a luxury<br />
charter yacht, with help from The Sacks<br />
Group <strong>Yacht</strong>ing Professionals. The charter,<br />
which lasted for 29 days, spanned the<br />
Caribbean island chain from Grenada to St.<br />
Maarten. The Sacks Group President and<br />
Charter Specialist Jennifer M. Saia found the<br />
perfect vessel –118' M/Y Savannah, the comfortable,<br />
four-stateroom Intermarine motor<br />
yacht. At the client’s request, they divided the<br />
trip into five segments of five nights each.<br />
Among the many highlights of the trip was<br />
scuba diving in a wide variety of spectacular<br />
locations, including Jason deCaires Taylor’s<br />
underwater sculpture gallery off Grenada.<br />
YACHTZOO has been appointed as exclusive<br />
Central Agents for Charter for the immaculately<br />
maintained 105ft Mangusta (Overmarine) named<br />
ELLICHA. ELLICHA’s rate is 60,000 Euros per<br />
week, plus expenses, in France, Corsica and<br />
Sardinia year round. Contact Vanessa Morlot at<br />
Vanessa@yacht-zoo.com or at +377.9770.5200.<br />
YACHTZOO has been appointed as exclusive<br />
Central Agents for Charter for the immaculately<br />
maintained 108ft / 32.92m Italian built Versilcraft<br />
named ILLUSIONS. ILLUSIONS accommodates 8<br />
guests in four luxuriously appointed en suite staterooms<br />
consisting of a king size bedded master<br />
stateroom with a Jacuzzi tub and shower bathroom,<br />
a VIP king size bedded stateroom and two<br />
further queen staterooms. She features the newest<br />
water sports equipment and toys. ILLUSIONS is<br />
available at USD 35,000 per week, plus expenses<br />
in the Bahamas this summer and the Bahamas and<br />
Caribbean this upcoming winter. (4% Bahamian<br />
tax applicable) Please contact Jessica Althoff at<br />
Jessica@yacht-zoo.com or at +954.767.1035 for<br />
further information.<br />
YACHTZOO is pleased to welcome Ness Lebreton<br />
as Charter Broker Assistant in the Monaco Office<br />
Northrop and Johnson Crew Placement Division<br />
gathered April 3, <strong>2009</strong> on Ft. Lauderdale Beach for<br />
a Crew BBQ and Pig Roast. Alison Overington and<br />
Marcy Williams invited Captains and crew to join<br />
them at the beachside event. Over 100 crew professionals<br />
were on hand to make the afternoon a success.<br />
The sunny afternoon was dedicated to encouraging<br />
the crew to “hang in there” during these difficult<br />
times. Food, fun and games gave everyone a<br />
chance to meet and greet friends. Contact 954-522-<br />
3344 or crew@njyachts.com<br />
Sardinian Luxury <strong>Yacht</strong> Tax Scrapped:<br />
(synfo.com) Sardinia <strong>Yacht</strong> Services announced<br />
that the Sardinia Luxury Tax that has been in effect<br />
since 2006 has been cancelled. On <strong>May</strong> 6, the<br />
local regional government of Sardinia approved<br />
Article 2 of the Financial Regional Act, which<br />
effectively cancels the law known as the “luxury<br />
tax” in Sardinia. This tax was felt throughout the<br />
tourism industry and had a negative effect on the<br />
local tourism economy. The law, which has now<br />
been cancelled, stipulated that yachts berthed in<br />
any port in Sardinia had to pay up to 15,000 euros<br />
for their sojourn. This tax had a visibly negative<br />
result on Sardinia’s image as a premier vacation<br />
destination worldwide.
JUNE 10, <strong>2009</strong><br />
BAHIA MAR<br />
Call Dockmaster for Rates<br />
954.627.6309<br />
You must check in and pay<br />
for dockage upon arrival.<br />
Please call FYBA<br />
and fax a copy of this<br />
form to reserve a spot.<br />
P 954.522.9270<br />
F 954.764.0697<br />
MARCH Charter Open House<br />
The first Charter Open House of the year took<br />
place on March 11th at Bahia Mar and featured<br />
5 yachts on display ranging in size<br />
from the 75’ SHEER BLISS to the 145’ AGHASSI.<br />
Over 60 industry professionals strolled the docks,<br />
taking advantage of the great weather and delicious<br />
treats available on each yacht. Special thanks to<br />
Broward Marine, The Sacks Group, Chamberlain<br />
<strong>Yacht</strong>s and Northrop and Johnson for participating<br />
in the open house. Watch your email and our website<br />
for information on the June open house!<br />
Networking on the docks!<br />
COMPANY CONTACT PHONE<br />
BOAT NAME TYPE YEAR<br />
LENGTH BEAM DRAFT RATE ITINERARY<br />
I, do hereby authorize the marina to charge the<br />
following credit card for dockage, tax and incidental charges.<br />
Circle one: AMEX MC VISA<br />
Jordanna Joffe, Marian Walker,<br />
Allison Cecilio & Jill Johns<br />
Onboard AGHASSI<br />
CARD# EXP. DATE<br />
CARD HOLDER NAME AUTHORIZED SIGNATURE:<br />
Diana Meza & Nancy Latinette<br />
Els Bucknell, guest, Debra Blackburn and<br />
Barbara Stork-Landeweer
Mark Buhler, previously with Holland & Knight, has opened<br />
his own law firm, Buhler Law Firm, P.A. 555 Winderley Place,<br />
Suite 300. Maitland, FL 32751. Phone: 407. 681.7000;<br />
Fax: 407.681.7500. mark.buhler@earthlink.net<br />
Joe Costa, previously with Black Pearl <strong>Yacht</strong> Sales, is now<br />
with Safely Moored <strong>Yacht</strong> Sales.<br />
2525 Marina Bay Drive West, Ft. Lauderdale, Fl 33312.<br />
Phone: 888.361.2628.<br />
captjac@safelymoored.com.<br />
Sandy Cochran, previously with Allied Marine, is now with<br />
Sanlorenzo. 1515 SE 17th Street #125, Ft. Lauderdale, FL<br />
33316. Phone: 954.607.1383; Fax: 954.318.0642.<br />
sandy@yachtblue.net<br />
Steve Bozas-Wessinger, previously with MarineMax, is now<br />
with Platinum <strong>Yacht</strong> Collection. 1850 S.E. 17th St., #206,<br />
Ft. Lauderdale, FL 33316. Phone: 954.462.1222;<br />
Fax: 954.462.1223. sbozas@platinumyachtcollection.com<br />
Jay Rhoades, after 14 years with Gilman <strong>Yacht</strong>s in Palm Beach<br />
and Fort Lauderdale, has joined Classic <strong>Yacht</strong>s International, <strong>Inc</strong>.<br />
850 N.E. 3rd Street, Suite 204, Dania Beach, FL 33004<br />
Phone: 954-921-1330 Fax: 954-921-1302<br />
CNI is delighted to announce that Bob O’Brien, previously of<br />
O’Brien <strong>Yacht</strong> Sales, has joined the CNI Palm Beach sales<br />
team. 450 Royal Palm Way, Palm Beach, FL 33480.<br />
Phone: 561.655.2121; Fax: 561.655.2202.<br />
O N T H E M O V E<br />
U.S. To Allow Travel,<br />
Money Transfers to Cuba<br />
(msnbc.com, April 13, <strong>2009</strong>)<br />
Fulfilling a campaign promise, President Barack Obama is allowing<br />
Americans to make unlimited trips and money transfers to family in<br />
Cuba and easing other restrictions, ushering in a new era of openness<br />
toward the island nation ruled by communists for 50 years. With the<br />
changes, Obama aims to lessen Cubans' dependence on the Castro<br />
regime, hoping that will lead them to demand progress on political<br />
freedoms, the official said. About 1.5 million Americans have relatives<br />
on the island nation that turned to communist rule in 1959 when Fidel<br />
Castro seized control. The administration also will begin issuing<br />
licenses to allow telecommunications and other companies to provide<br />
cell phone, television and radio service to people on the island, and to<br />
allow Americans to pay for such services for their relatives there.<br />
CNI announces that Rick Morales and Georges Bourgoignie<br />
have changed locations to the Ft Lauderdale office from the<br />
Miami Beach office. 651 Seabreeze Blvd., Ft. Lauderdale, FL<br />
33316. Phone: 954.524.4250; Fax: 954.524.4249.<br />
United <strong>Yacht</strong> Sales is proud to announce that Joshua Simcox ,<br />
previously with Lazzara <strong>Yacht</strong>s, has joined United <strong>Yacht</strong> Sales.<br />
joshua@unitedyacht.com<br />
Ted meljac, previously with Thunder Marine, is now with<br />
Fillingham <strong>Yacht</strong> Sales. 105 15th Ave. S.E., St. Petersburg, FL<br />
33701. Phone: 727.460.5687; Fax: 727.864.0305.<br />
ted@fillinghamyachts.com.<br />
Betty Fletcher, previously with Merrill-Stevens, is now with<br />
Huish Marine Group. 1350 S.E. 17th St., Ft. Lauderdale, FL<br />
33316. Phone: 954.527.4211. betty@huishmarine.com.<br />
Walker’s <strong>Yacht</strong> Sales has moved to 16115 San Carlos Blvd.,<br />
Fort Myers, FL 33908.<br />
Naples <strong>Yacht</strong> Brokerage has moved next door within<br />
Naples Boat Club to Building Two. Their new address is<br />
895 10th Street South, #302 Naples, <strong>Florida</strong> 34102.<br />
All numbers remain the same.<br />
Gilman <strong>Yacht</strong>s of Tampa Bay is now Ross <strong>Yacht</strong> Sales.<br />
The address and all numbers remain the same.<br />
Visit www.rossyachtsales.com.
FYBA<br />
CHARTER PROFESSIONALS COMMITTEE<br />
MEMBERS MEET WITH BAHAMIAN OFFICIALS<br />
By Nicole Caulfield of Robert J. Cury & Associates<br />
One of the objectives of the FYBA Charter Committee has been to<br />
work with the Government of the Bahamas in regard to the Bahamas<br />
Charter Sales Tax. During the first quarter of this year, committee<br />
members Crom Littlejohn, Nicole Caulfield and Terry Hines traveled<br />
to Nassau to meet with Mr. Anthony Allens, Port Controller, Mr.<br />
Frederick Rogers, Supervisior of Boat Registration and Ms. Bodie,<br />
Treasurer. Our goal is to make the process of obtaining a charter<br />
license easier and less time consuming for Captains and Owners and<br />
to get more yachts licensed. The Bahamian law is that to operate a<br />
charter in the waters of the Bahamas, a yacht must obtain an annual<br />
Bahamas Charter License and a 4% sales tax on the charter is due. The<br />
government officials were happy to meet with us and gained a better<br />
understanding of the logistics of these charters.<br />
As a result of our meetings, the Bahamas Government is looking into<br />
ways that should help streamline the licensing process while making<br />
it easier for licensed yachts to submit tax payments and support the<br />
cruising in these beautiful waters. For additional information please<br />
contact FYBA Charter Committee or visit the Bahamas web site at<br />
www.Bahamas.gov.bs<br />
FYBA Charter Committee members meet with Bahamian Officials
BULLETIN BOARD<br />
<strong>Yacht</strong> Broker: <strong>Yacht</strong> Broker position open! Great location on<br />
Fort Lauderdale Beach! Must be licensed and experienced!<br />
Please send your resume to info@schooneryachts.com. Strictly<br />
confidential!<br />
<strong>Yacht</strong> <strong>Brokers</strong>: United <strong>Yacht</strong> Sales is looking for top producers<br />
to join the United Luxury Division in the Ft. Lauderdale<br />
office. United <strong>Yacht</strong> now offers its clients and brokers, yacht<br />
and charter management services and marketing opportunities<br />
that are competitive with any brokerage in the business.<br />
United also has the best commission payout schedule in the<br />
business. In this fast changing market place brokers owe it to<br />
themselves to check out this opportunity. Call Peter Schmidt<br />
at 1-800-UYS-2270 for a confidential interview.<br />
<strong>Yacht</strong> <strong>Brokers</strong>: Huish Marine Group is looking for licensed<br />
yacht brokers for its new Ft. Lauderdale office located at 1350<br />
SE 17th Street. All inquiries kept confidential. Contact Andre<br />
Hardy at 954-527-4211 or ahardy@huishmarine.com.<br />
Charter Broker: International <strong>Yacht</strong> Collection is currently<br />
seeking an additional, seasoned Charter Broker to join their<br />
successful team. All inquires will be kept confidential. Contact<br />
Brian Tansey at 954-522-2323 or via email at<br />
btansey@iyc.com to discuss this great opportunity.<br />
Charter Fleet Agent: IYC Charter Marketing Department<br />
is seeking an experienced Charter Fleet Agent. Applicant<br />
must be self motivated, detail oriented, with comprehensive<br />
computer knowledge including graphics, Excel, etc. Salary<br />
and benefits package. All inquires will be kept confidential.<br />
Please email Terry Hines at thines@iyc.com.<br />
Executive/Personal Assistant: Position available for<br />
someone who would love to travel and spend their summers<br />
in Newport and Winters in the Caribbean. Applicants must be<br />
able to have fun while working hard, willing to work extended<br />
hours when necessary, be self-motivated, organized, detailorientated,<br />
and have excellent computer and communication<br />
skills. Experience in the yachting industry a plus! Salary plus<br />
excellent benefits. Send your resume to Deb Maxwell<br />
(dmaxwell@yachtcollection.com) or Mark Elliott (melliott@yachtcollection.com);<br />
Fax 954-522-9307.<br />
In the March/April issue, we featured a list of the first 225<br />
licenses issued to FYBA members. By mistake, Charles Blickle<br />
of Allied Marine, license number 134, was left off. We apologize<br />
to Charles for the mistake!<br />
IS YOUR LICENSE EXPIRING SOON?<br />
LICENSE # LICENSEE NAME EXPIRATION DATE<br />
2466 Philip Annunziato 6/2/<strong>2009</strong><br />
3025 Michael Ballard 6/3/<strong>2009</strong><br />
472 Richard Bassett 5/7/<strong>2009</strong><br />
4391 Andrew Bergh 6/19/<strong>2009</strong><br />
15 Georges Bourgoignie 5/4/<strong>2009</strong><br />
511 Steven Bozas-Wessinger 6/8/<strong>2009</strong><br />
45 Andrew Cilla 6/1/<strong>2009</strong><br />
1315 Steve Conroy 5/17/<strong>2009</strong><br />
2467 Phillip Crane 6/28/<strong>2009</strong><br />
4640 Mark Crew 5/29/<strong>2009</strong><br />
512 Robert J. Cury 6/12/<strong>2009</strong><br />
513 Christian Daves 6/7/<strong>2009</strong><br />
5090 Dennis Demole 5/13/<strong>2009</strong><br />
5918 Betty DeVarona 5/19/<strong>2009</strong><br />
554 Louis Dvorak 6/21/<strong>2009</strong><br />
506 Julien Elfenbein 5/21/<strong>2009</strong><br />
5132 Michael Engstrand 6/11/<strong>2009</strong><br />
278 Jeff Erdmann 5/2/<strong>2009</strong><br />
20 Gary Fisette 5/11/<strong>2009</strong><br />
597 Douglas Fredericks 6/8/<strong>2009</strong>
Floorplans Now <strong>Inc</strong>luded in TALF: The Term Asset-<br />
Based Securities Lending Facility, more commonly known as<br />
TALF, announced that non-auto floorplan loans will now be<br />
included as an eligible asset class under the program. For mor<br />
information visit www.nmma.org.<br />
Broward College Offering ABYC Certification: In an<br />
effort to help the marine industry grow and meet today's technology<br />
standards, Broward College is proud to offer continuing<br />
education with ABYC (American Boat and <strong>Yacht</strong> Council) certification.<br />
The BCC Marine Engineering Management Program is<br />
an 18 month technical and academic curriculum that will enable<br />
students to earn an A.S. degree, an ABYC Marine Certification.<br />
For more information, visit www.broward.edu.<br />
Number of Billionaires Drops: The number of billionaires<br />
in the world has dropped 30 percent from last year’s 1,125 billionaires,<br />
according to Forbes Magazine. The drop<br />
reflects a loss in net worth of $2 trillion.<br />
T I D B I T S . . .<br />
Seat Belt Bill Sent to Crist for Signing: The legislation<br />
permits $30 tickets for failure to wear seat belts even if no other<br />
traffic laws are broken.<br />
Ft. Lauderdale Maritime Museum Deal Fails: A lengthy<br />
effort to open the city's first maritime museum has failed.<br />
Marine-loving volunteers couldn't raise the money to run the<br />
museum even though they were offered free rent in the New<br />
River Trading Post. The museum would have had to pay<br />
$40,000 to $60,000 annual maintenance, plus the cost of<br />
operating the museum.<br />
New Free Dock in Ft. Lauderdale: A new 100’ floating dock<br />
is available on the New River just west of the train bridge along<br />
Riverwalk near the Performing Arts Center. Boats up to 26’ can tie<br />
up for free on the dock. The dock is open from 8 a.m. to 9 p.m.<br />
<strong>Florida</strong> Taxpayer Independence Day: As of Sunday,<br />
April 19, <strong>2009</strong>, Floridians began earning for themselves, not<br />
the tax collector. The symbolic date is annually estimated by<br />
<strong>Florida</strong> TaxWatch and assumes that every dollar earned since<br />
January 1 goes to pay federal, state, and local tax obligations.<br />
Still, the mid-April date means that Floridians have to work for<br />
108 days of the 365 in <strong>2009</strong> exclusively for the benefit of<br />
their government, approximately a third of the year.
NEW JERSEY MARINE INDUSTRY<br />
HIT HARD<br />
Boating Industry, April 7, <strong>2009</strong><br />
The New Jersey boat builders have eliminated about 1,000 jobs in the<br />
last 18 months, according to a report in the New York Times. The<br />
state’s biggest boat builder alone, Viking <strong>Yacht</strong> Company, is down<br />
more than 500 jobs from a high of 1,360 workers a year ago. Another<br />
New Jersey builder, Ocean <strong>Yacht</strong>s, reported that its staff has dwindled<br />
from 130 to 50 employees in the last two years. In general, New<br />
Jersey manufacturing lost 15,900 jobs last year, the Labor Department<br />
reported. According to the Times, that 5.1 percent decline is almost<br />
five times steeper than the 1.17 percent decline in employment overall<br />
across the state.<br />
SOMALI PIRATE<br />
TO BE TRIED AS ADULT IN NY<br />
www.telegraph.co.uk, April 21 , <strong>2009</strong><br />
A Somali teenager was charged as an adult in a New York court on<br />
Tuesday in what is believed to be the first piracy case in America in<br />
more than a century. Abdiwali Abdiqadir Muse, who is thought to be<br />
18, is also facing hostage-taking charges over the seizure of the captain<br />
of an American cargo ship earlier this month. He faces a mandatory<br />
life sentence if convicted of piracy. The judge rejected the<br />
defense request that he should be tried as a minor, saying that Muse's<br />
father had given conflicting testimony over his son's age.<br />
Submitted by Hargrave <strong>Yacht</strong>s<br />
HOW TO MAKE<br />
HOPE FLOAT<br />
You may have seen M/Y "SHEKINAH GLORY" cruising through the<br />
Caribbean Sea, but this 78' Hargrave is not out for a pleasure cruise; she<br />
travels these turquoise waters with a singular purpose, to bring hope to<br />
and serve the poverty-stricken people of the Islands.<br />
Length, beam, engines and layout seem insignificant when you consider<br />
her name, "SHEKINAH", which translates from Hebrew meaning "the<br />
presence of God in this world." This sentiment is the foundation for<br />
which the Shekinah Glory Island Ministries, LLC purchased this yacht<br />
and set out to change lives. The SGIM is operated by the Gagnon Family,<br />
who are driven by their beliefs to travel throughout poverty-stricken<br />
islands and well beyond the tourist areas to distribute medical supplies,<br />
clothing and footwear, build churches, schools and community centers,<br />
and educate people on topics such as AIDS awareness.<br />
The SGIM said, "Our mission is to provide a unique opportunity to make<br />
a tangible difference in the lives of people who need hope." M/Y "SHEK-<br />
INAH GLORY", or what the Gagnon family refers to as "Floating Hope",<br />
is certainly an unusual platform from which to spread goodwill but they<br />
have found it to be incredibly effective. Their good works have helped the<br />
staff at Hargrave realize that in order to make hope float you must have<br />
faith in your beliefs, strength in your hearts and perseverance in your<br />
mission. Hargrave Custom <strong>Yacht</strong>s is proud to recognize and support the<br />
endeavors of Shekinah Glory Island Ministries as they set afloat to serve<br />
the less fortunate. Contact Kevin Gagnon via e-mail at:<br />
kgagnon1@maine.rr.com, /www.sgislandministries.org.
In Memoriam<br />
Kaye A. Pearson<br />
1940-<strong>2009</strong><br />
Family and Friends remember Kaye A. Pearson. Kaye, age 68,<br />
passed away peacefully in his Ft. Lauderdale home on March 21,<br />
<strong>2009</strong> after losing his battle against cancer. He is survived by his<br />
wife, Cheri Pearson; brother, Jerry; sister, Janet Powell; and<br />
daughter Jennifer Moore along with a great circle of other family<br />
and friends.<br />
In 1976 Kaye started <strong>Yacht</strong>ing Promotions (YPI), a company<br />
which produced numerous boat shows and events around the state.<br />
In 1991, working hand in hand with the FYBA Board of Directors,<br />
Kaye became FYBA’s partner in producing the <strong>Yacht</strong> & Brokerage<br />
Show in Miami. On behalf of the FYBA board of directors and<br />
members, negotiations for the show were handled by FYBA board<br />
members Craig Cadwalader, Pete Woods and Steve Moynihan. In<br />
2006 Kaye sold the company to Efrem “Skip” Zimbalist III of<br />
Active Interest Media <strong>Inc</strong>. (AIM) who became FYBA’s new partner<br />
in the show. Other major shows produced by Kaye and YPI dba<br />
Show Management included: the Fort Lauderdale International<br />
Boat Show, the Palm Beach Boat Show, the St Petersburg Boat<br />
Show and the Suncoast Boat Show along with a host of other<br />
regional boat shows and special events. Known for his keen business<br />
sense, compassion and generosity, Kaye’s awards and accomplishments<br />
are too vast to mention. Kaye will be missed by his<br />
friends in the marine industry and everyone that knew him.<br />
Herb Phillips<br />
April 26, <strong>2009</strong><br />
Herb Phillips, a pioneer in building aluminum sport-fishing<br />
boats, passed away on April 26, <strong>2009</strong> at the age of 86. He had a<br />
long term kidney condition. Herb built his first 26’aluminum boat<br />
in 1951 and established the Striker line. The Striker line became<br />
legendary among sport-fishing yachts and Herb has the distinction<br />
of building over 700 boats. He built his last Striker, a 70 footer<br />
in 1995. Herb moved to South <strong>Florida</strong> in 1955 and ran Herb<br />
Phillips <strong>Yacht</strong> Sales in Fort Lauderdale. He loved to fish, and once<br />
landed a 663-pound swordfish with 80-pound tackle. He will be<br />
missed by all his friends and family.<br />
Don Mead<br />
Don Mead, a successful yacht broker for 25 years, passed away<br />
recently in Charleston, S.C. As a broker for Allied Marine in<br />
Miami, he earned several sales awards including Hatteras<br />
Salesman of the Year. He finished his career working for Jarrett<br />
Bay in Charleston. (excerpt from Southern Boating, <strong>May</strong> <strong>2009</strong>)<br />
Condolences<br />
FYBA extends their condolences to Bob and Susan Zarchen on<br />
the loss of Susan’s father who passed away peacefully in his<br />
sleep recently at the age of 98.
Thursday, July 16, <strong>2009</strong><br />
8:30 am - 4:30pm<br />
<strong>Brokers</strong> Open House to Follow<br />
Sponsored by Trident Funding<br />
Bahia Mar Resort &<br />
<strong>Yacht</strong>ing Center<br />
801 Seabreeze Blvd.<br />
Ft. lauderdale, FL 33316<br />
FYBA Members $60<br />
Non members $150*<br />
Payment due prior to seminar<br />
*If membership application is<br />
submitted prior to the seminar you<br />
may attend at the member rate.<br />
All day seminar includes<br />
continental breakfast, lunch, and<br />
cocktail reception<br />
make checks payable to:<br />
<strong>Florida</strong> <strong>Yacht</strong> <strong>Brokers</strong> Assn.<br />
P.O. Box 460550<br />
Ft. Lauderdale, FL 33346<br />
phone: 954.522.9270<br />
fax: 954.764.0697<br />
Visa & Mastercard<br />
& AmEx Accepted<br />
CPYB's attending will earn 8<br />
credits towards recertification<br />
Sponsored by:<br />
Fowler White Burnett, P.A.<br />
ASAP Documentation and Registration<br />
Speakers: To Be Announced<br />
Topic Line Up:<br />
Thinking outside of the marketing box - introduction to the numerous<br />
web marketing opportunities.<br />
It's my sale - what determines procuring cause &<br />
commission entitlement.<br />
The state of the economy - nationally and within yachting.<br />
Who does what - responsibilities of individuals in a yacht transaction.<br />
Should I buy the company - the pros and cons to buying a company<br />
which owns a yacht.<br />
Dear Doc Agent - a Q&A through the basics of vessel documentation.<br />
A dichotomy of a yacht arrest - understanding the legal process<br />
and procedure.<br />
State of <strong>Florida</strong>'s proposed changes to the <strong>Yacht</strong> and Ship <strong>Brokers</strong> Act<br />
and Administrative Rules.<br />
Name(s)<br />
Company Email<br />
Address/City/State/Zip<br />
Phone Fax<br />
If you would like to bill the amount due to your credit card, _ Visa _ MC _ AmEx<br />
please complete the following information:<br />
Credit Card Number Expiration Date<br />
Billing Address/City/Zip Code CVV Code<br />
(3 digits on the back of the card)<br />
Signature Name<br />
(as it appears on card)
Thursday, July 30, <strong>2009</strong><br />
8:30 am - 4:30pm<br />
<strong>Brokers</strong> Open House to Follow*<br />
Location: Hyatt Sarasota<br />
1000 Boulevard of the Arts<br />
Sarasota, FL 34236<br />
FYBA Members $60<br />
Non members $150**<br />
Payment due prior to seminar<br />
**If membership application is<br />
submitted prior to the seminar you<br />
may attend at the member rate.<br />
All day seminar includes<br />
continental breakfast, lunch, and<br />
cocktail reception<br />
make checks payable to:<br />
<strong>Florida</strong> <strong>Yacht</strong> <strong>Brokers</strong> Assn.<br />
P.O. Box 460550<br />
Ft. Lauderdale, FL 33346<br />
phone: 954.522.9270<br />
fax: 954.764.0697<br />
Visa & Mastercard<br />
& AmEx Accepted<br />
CPYB's attending will earn 8<br />
credits towards recertification<br />
*Boat show will be held at<br />
Marina Jacks in Sarasota<br />
Sponsored by:<br />
Fowler White Burnett, P.A.<br />
Total Dollar Insurance<br />
Moderator: Danielle Butler of Fowler White Burnett, P.A.<br />
Speakers: To Be Announced<br />
Topic Highlights:<br />
The state of marine economy - nationally and within yachting.<br />
Loopholes and exclusions in yacht insurance policies.<br />
Managing closing timelines.<br />
Arresting a vessel - understanding the legal process and procedure.<br />
State of <strong>Florida</strong>'s proposed changes to the <strong>Yacht</strong> and Ship <strong>Brokers</strong> Act<br />
and Administrative Rules.<br />
It's my sale - what determines procuring cause & commission entitlement.<br />
Adhering with US Customs regulations for entering a boat into a<br />
boat show.<br />
*To Register a Vessel for the Boat Show, Call FYBA at 954-522-9270<br />
Name(s)<br />
Company Email<br />
Address/City/State/Zip<br />
Phone Fax<br />
If you would like to bill the amount due to your credit card, _ Visa _ MC _ AmEx<br />
please complete the following information:<br />
Credit Card Number Expiration Date<br />
Billing Address/City/Zip Code CVV Code<br />
(3 digits on the back of the card)<br />
Signature Name<br />
(as it appears on card)
Professional Membership Charter Professional Membership<br />
For Professional <strong>Yacht</strong> <strong>Brokers</strong> and Salesmen who are bonded and<br />
licensed by the State of <strong>Florida</strong> under the <strong>Yacht</strong> and Ship <strong>Brokers</strong> Act.<br />
ACTIVE The owner, principal, stockholder partner or officer<br />
of the firm. Current "Employing <strong>Brokers</strong>" license in <strong>Florida</strong>.<br />
(Complete Sections A-C of application)<br />
Annual dues: $200<br />
Active Professional Sponsorship requirements:<br />
Two (2) “Active” Professional members<br />
ASSOCIATE Other sales personnel associated with the firm. Current<br />
"Broker" or "Salesman" license in <strong>Florida</strong>. (temporary license not eligible)<br />
(Complete Sections A-B of application)<br />
Annual dues: $75<br />
Associate Professional Sponsorship requirements:<br />
Two (2) “Active” Professional members<br />
SUPPORT Unlicensed employees of Professional member's firm<br />
(Complete Section A of application)<br />
Annual dues: $25<br />
Support Sponsorship requirements:<br />
Two (2) “Active” or “Assoc.” Professional members.<br />
OBJECTIVES<br />
To unite those engaged in the yacht brokerage business for the purpose<br />
of promoting cooperation and professionalism among its members.<br />
To promote & maintain a high standard of conduct in the transacting of<br />
the yacht brokerage business in accordance with the FYBA Code of Ethics.<br />
MEMBERSHIP REQUIREMENTS<br />
Professional Members must be Licensed and bonded by the<br />
State of <strong>Florida</strong> under the <strong>Yacht</strong> and Ship <strong>Brokers</strong> Act.<br />
Charter Professional Membership Class is for individuals and<br />
companies directly related to the charter yacht industry.<br />
Affiliate Membership Class is for individuals and companies<br />
directly related to the yacht brokerage industry.<br />
CURRENT MEMBERSHIP - 1000 plus Members<br />
While the majority of its membership is comprised of <strong>Florida</strong> based<br />
brokers, there is also representation from prominent firms located<br />
throughout the world.<br />
For individuals and/or businesses directly related to the charter yacht industry.<br />
ACTIVE CHARTER PROFESSIONAL The owner, principal,<br />
partner or manager of the firm directly related to the charter yacht industry.<br />
Annual dues: $200 (Complete Section A of application)<br />
Sponsorship requirements: Two (2) “Active” Professional members<br />
ASSOCIATE CHARTER PROFESSIONAL<br />
Other employees of the firm directly related to the charter yacht industry.<br />
Annual dues: $75 (Complete Section A of application)<br />
Sponsorship requirements: Two (2) "Active" or "Assoc."<br />
Professional, Charter Professional or Affiliate members.<br />
Affiliate Membership<br />
For individuals and/or businesses directly related to the yacht brokerage industry.<br />
ACTIVE AFFILIATE The owner, principal, partner or manager of<br />
the firm directly related to the yacht brokerage industry.<br />
Annual dues: $300 Complete Section A of application)<br />
Sponsorship requirements: Two (2) "Active" or "Assoc."<br />
Professional or Affiliate members.<br />
ASSOCIATE AFFILIATE Other employees of the firm directly<br />
related to the yacht brokerage industry.<br />
Annual dues: $75 (Complete Section A of application)<br />
Sponsorship requirements: Two (2) "Active" or "Assoc."<br />
Professional or Affiliate members.<br />
FYBA with YPI Owns the <strong>Yacht</strong> & Brokerage Show (held mid February in Miami)<br />
MEMBER SERVICES<br />
& BENEFITS<br />
• Arbitration service for members<br />
• Legislative action committee<br />
• Educational seminars<br />
• Social events and charitable functions<br />
• Monthly newsletter<br />
• Standardized business contract & forms<br />
• Published membership roster<br />
• National advertising<br />
• Trade only Boat Shows<br />
Bahia Mar (7 per year)<br />
• Member of the Int’l <strong>Yacht</strong> Council Ltd.<br />
• FYBA Website<br />
• YS&L Seminar<br />
• Listing to Closing - Ft. Lauderdale &<br />
West Coast FL<br />
• Charter “Open House”<br />
• Certified Professional<br />
<strong>Yacht</strong> <strong>Brokers</strong> Program
PROFESSIONAL Professional Active $200 Professional Associate $75 Support $25<br />
CHARTER Charter Professional Active $200 Charter Associate $75<br />
AFFILIATE Affiliate Active $300 Affiliate Associate $75<br />
Applicant<br />
Personal Data<br />
Active Professional<br />
Members Only<br />
Institution in which you maintain your escrow/trust account List branch/franchise offices, addresses, & manager’s names<br />
If a Corp./Partn., list officers, partners, & stockholders State names of any salespersons associated with you<br />
Name Position Name Name<br />
Name Position Name Name<br />
Do you currently represent any new boat manufacturer? Yes No Percentage of new<br />
If yes, list manufacturers: sales vs. brokerage<br />
How did you hear about the FYBA?<br />
First Name M.I. Last Name<br />
Company Name Position<br />
Company Address Fla. License No. Broker<br />
& Expiration Date Salesperson<br />
City State Zip Web Site E-mail<br />
Phone Fax Type of Business<br />
Home Address City State Zip Home Phone<br />
Sponsors<br />
Name Firm Phone Sponsor Signature<br />
Name Firm Phone Sponsor Signature<br />
Business References<br />
Firm Contact Name Phone<br />
Firm Contact Name Phone<br />
Have you been engaged continuously in the business since? Yes No<br />
If not, during what years were you in business?<br />
Highest level of education First entered yacht brokerage business (date/firm)<br />
List any firms previously associated with In what other business have you been engaged?<br />
Federal ID# Fl. Sales Tax# City Occupational License<br />
I agree that, if approved for membership to the <strong>Florida</strong> <strong>Yacht</strong> <strong>Brokers</strong> <strong>Association</strong>, <strong>Inc</strong>.,<br />
to abide by the By-Laws and Code of Ethics of the <strong>Association</strong>, a copy which I have read.<br />
Applicant’s Signature Date<br />
Check for $ ________ enclosed payable to FYBA<br />
P.O. Box 460044, Ft. Lauderdale, FL 33346<br />
Phone: 954-522-9270 Fax: 954-764-0697<br />
e-mail: fyba@fyba.org • www.fyba.org<br />
SECTION A<br />
SECTION B<br />
SECTION C
WHAT DOES FYBA DO<br />
FOR ITS MEMBERS?<br />
CHECK OUT<br />
FYBA.ORG<br />
© 2 0 0 9 M I K E W H I T T - F O R T L A U D E R D A L E<br />
MAY<br />
JUNE<br />
25 Memorial Day<br />
28 <strong>Brokers</strong> Open House<br />
2 1st Tuesday West Coast<br />
<strong>Brokers</strong> Open House<br />
10 2nd Wednesday<br />
Charter Open House<br />
17 3rd Thursday<br />
<strong>Brokers</strong> Open House<br />
21 Father’s Day<br />
23-26 Newport Charter Show<br />
JULY<br />
CALENDAR<br />
16 Listing to Closing<br />
Ft. Lauderdale, FL<br />
18 Summer Beach BBQ<br />
Ft. Lauderdale<br />
30 Listing to Closing (West Coast)<br />
Sarasota, FL<br />
CONTACT:<br />
P O BOX 460044<br />
FT. LAUDERDALE, FLORIDA 33346<br />
95 4.522.9270 TEL / 954.764.0697 FAX<br />
WWW.FYBA.ORG / FYBA@FYBA.ORG