publication for the members of the florida yacht brokers association january/february 2011
AT ANNuAl DINNER
EyEs on MiaMi:
yacht & Brokerage show Preview
and MaritiME Law
COMPAss january/february 2011
p u b l i c at i o n f o r t h e m e m b e r s o f t h e f l o r i d a ya c h t b r o k e r s a s s o c i at i o n
14-15 FyBa annual dinner recap
18 2011 yacht & Brokerage
3 Legislative update
6-8 Member news
12-13 Maritime Law
16 on the Move
20 Bulletin Board
25 charter news
22-23 new Members
27 Member Benefits
Events & Seminars
26 January charter
open House recap
28 January Brokers
open House recap
Calendar of Events
Ad Index To advertise in Compass please contact fyba
at 954.522.9270 or e-mail firstname.lastname@example.org.
16 shake-a-Leg Boat show Party
17-21 yacht & Brokerage show
alley, Maass, rogers, & Lindsay, P.a.. 16 JP reynolds company, inc. ............... 23
Bohonnon Law Firm ........................... 21 Marshall islands yacht registry ........... 9 March
Buhler Law Firm ................................. 29 Mccall agency insurance................... 29 9 charter Brokers open House
celedinas insurance Group .................. 5 Moore & company, P.a....................... 11 24-27 Palm Beach international
concord Marine Electronics ............... 19 Perry & neblett .................................. 27
dockwise yacht transport .................. 22 Pioneer Linens .................................... 13
Eaton yacht works ............................... 9 roscioli yachting center .................... 24
Fowler white Burnett, P.a................... 12 rPM diesel Engine co. ...................... 20
Howard s, reeder, inc.......................... 7 world yacht survey ............................ 29 13 charter Brokers open House
Jake cox & associates....................... 29 yachtcouncil.com .............................. 17 21 Brokers open House
2 january/february 2011 | florida yacht brokers association | www.fyba.org
PUBLICATION FOR THE MEMBERS OF THE FLORIDA YACHT BROKERS ASSOCIATION JANUARY/FEBRUARY 2011
CAll FoR 24 YEARS
AT ANNUAL DINNER
Attention FYBA members!
A CALL FOR VOLUNTEERS! PLUS:
EYES ON MIAMI:
Yacht & Brokerage Show Preview
and MARITIME LAW
We are looking to “Tap Your Talent” in seeking volunteers MARITIME LAW
Yacht & Brokerage Show Preview
from our membership to assist in any of a variety of ways to
EYES ON MIAMI:
improve FYBA services for our constituency. Review the following
list and let us know of your interest by replying to email@example.com.
with this issue of FyBa coMPass we
now are a full-color publication. you’ll
Arbitration/Ethics notice it throughout in advertisements,
photos, graphics and more. on top
AT ANNUAL DINNER
AT ANNUAL DINNER
Brokerage Yacht Show of the many enhancements and
improvements introduced with the
Charter Broker Liaison
last issue, FyBa now has completely
ASS F a
Brokerage Forms redesigned the newsletter, giving it a
whole new look and feel.
Charter Forms Committee
JANUARY/FEBRUARY 2011 PUBLICATION FOR THE MEMBERS OF THE FLORIDA YACHT BROKERS ASSOCIATION
Inside this issue, you’ll find complete
Membership coverage of the recent FyBa annual
dinner, which was held at the newly
Member Services opened B ocean Hotel in Fort
Lauderdale, as well as a brief Miami
MIASF and Legislation Boat show preview report. in addition,
we’re featuring several informative
Educational Seminars columns on legal issues of importance
to our members, a charter news
column on 2010 antigua yacht charter
Social show and much more!
CYBA, IYC, the response from FyBa’s membership
to the new FyBa coMPass newsletter
has been overwhelmingly positive. all
YBAA Liaisons these improvements are designed to
Certified make the newsletter more informative
and enjoyable for FyBa members. so
please let us know what you think.
Liaison We invite you to give us your feedback
about the new FYBA COMPASS
newsletter by writing to Randi Myers
For additional information visit the FYBA website at:
www.fyba.org. We need your ideas and energies!!
florida yacht brokers association | www.fyba.org | january/february 2011 3
BOARD OF DIRECTORs
of the YEAR
crom Littlejohn, Merle Wood & Associates Jeff Erdmann
Lon Mccloskey, The Marine Group named recipient of 2010
Bob Zarchen, Sparkman & Stephens Broker of the year award
Gary smith, Sarasota Yacht & Ship eff Erdmann of Bollman yachts was presented with
DIRECTORs the third annual FyBa Broker of the year award at the
Georges Bourgoignie, Camper & Nicholsons FyBa annual dinner Meeting on January 29. Jeff was
Jonathan Burkard, Allied Marine
Frank deVarona, Yachting Experts
recognized by his peers for his dedication, professionalism,
Jeff Erdmann, Bollman Yachts and community service. Jeff played a very important role in
Paul Flannery, HMY Yacht Sales FyBa efforts to pass the $18,000 boat sales tax cap, which went into effect July 1,
Bob saxon, International Yacht Collection 2010.
Bruce schattenburg, International Yacht Collection
COMMITTEE CHAIRMAN Jeff grew up in oshkosh, wis., at his parent’s home on Lake winnebago. He sailed
Georges Bourgoignie, Lon Mccloskey a great deal mostly scows but some keelboats and did a fair amount of water
& Gary smith skiing and playing with small powerboats.
Jonathan Burkard, Gary smith upon arriving in Ft. Lauderdale in 1987, he worked for albion sail-away yachts
& Paul Flannery for approximately one year before starting with Bollman yachts. Jeff has become
Brokerage Yacht show:
Lon Mccloskey, crom Littlejohn
a deerfoot - sundeer specialist and has sold more of these performance offshore
& Gary smith cruisers than any other yacht broker other than steve dashew himself. Jeff has
Charter Broker liaison: done a number of offshore deliveries and passages including the 1996 Pacific Cup
crom Littlejohn, Bruce schattenburg race from san Francisco to Hawaii. Early 2001 Pete Bollman decided he wanted
& Lon Mccloskey to retire and sold Jeff Erdmann Bollman yachts. Jeff holds a state of Florida yacht
Paul Flannery, Lon Mccloskey,
Broker’s License #278 and is currently a member of the FyBa & MiasF. He has
crom Littlejohn & Jonathan Burkard served on the FyBa Board of directors since 2006.
crom Littlejohn & Bruce schattenburg
Georges Bourgoignie, Gary smith,
Paul Flannery & Frank deVarona
receives FyBa charter
Georges Bourgoignie, Gary smith,
Paul Flannery, Lon Mccloskey &
Broker of the year award
ebra Blackburn-Boggio of Fraser yachts was
MIAsF & legislation:
Jeff Erdmann, Jason dunbar & presented with the second annual FyBa charter
Georges Bourgoignie Broker of the year award at the FyBa annual dinner
seminars: Meeting on January 29. she has been recognized by peers
Bob Zarchen, Gary smith & for her dedication, professionalism, and community service. with several nominees
selected, the clear choice by the FyBa charter committee’s vote determined her to
Bob Zarchen & Bruce schattenburg be the winner this year. although debra has been involved in yachting for over 23
social: years and as a charter broker for 18 years, she never hesitates to expand her wealth
Jason dunbar & Lon Mccloskey of knowledge by participating in annual seminars and shows, contributing her
CYBA, MYBA, YBAA, membership time to iss, FyBa and ayca and maintaining her status with modesty.
IYC & AYCA liaisons:
Gary smith, Bruce schattenburg,
debra’s involvement in yachting began in 1987 when she acted as the special
crom Littlejohn & Georges Bourgoignie
Certified Professional Yacht
Events coordinator for Broward Marine, a prominent south Florida shipbuilder.
Brokers liaison: Eventually debra became a charter broker and manager working for an independent
Jonathan Burkard, Gary smith & yacht brokerage firm. She joined Fraser Yachts in 1997, bringing with her several
chuck MacMahon prominent charter vessels into the charter fleet as well. The personal touch that
DIRECTOR OF MEMBER sERVICEs she infuses into her work is surely guided by her natural heritage of southern
hospitality. Many of her clients become close friends and she is frequently seen
making the special effort to lend advice and support to those who drop by her
office. Debra is a member of FYBA and AYCA.
4 january/february 2011 | florida yacht brokers association | www.fyba.org
Exclusively for By Tom Gresh
Senior Client advisor,
Celedinas Insurance Group
members only SPonSoRS
p l at i n u m s p o n s o r s
Yacht Broker, Charter Broker and AllEY, MAAss, ROGERs & lINDsAY, P.A.
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WIllIs MARINE suPERYACHT INsuRANCE
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Celedinas Insurance Group has negotiated favorable rates and coverage that
MOORE & CO.
now are available exclusively to FYBA members. Coverage is provided for “Errors and 2011 annual dinner Meeting
Omissions” related to professional transactions that are not covered under commercial
general liability and is available for yacht brokers, sales associates, charter brokers and 2011 annual dinner Meeting
Two categories are designed to meet all ranges of members. For yearly commissions
s i lV e r s p o n s o r s
of $300,000 or less, coverage can be obtained easily online through the FYBA website
link (www.fyba.org). You can apply online, make a payment and place coverage instantly.
For yearly commissions greater than $300,000, your online application will be submitted sCOTT FINANCIAl sERVICEs
to an underwriter for processing the quote. 3rd thursday Broker shows
Liability limits are $500,000 or $1,000,000, with options to elect coverage for all YACHT CONTROllER
prior acts, or from the policy inception date. Higher limits are available. 3rd thursday Broker shows
Established in 1959, the Celedinas Insurance Group has been delivering exceptional AsAP MARINE DOCuMENTATION
service and expert insurance advice to families and businesses for over 50 years. & REGIsTRATION, INC.
6th annual Listing to closing & the Law seminar
For more details please visit the FYBA website and click on the E&O link, or contact Tom
Gresh at Celedinas (561) 514-253-9386 or 800-940-7744 ext 5697. FOWlER WHITE BuRNETT, P.A.
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tel: 954.522.9270 | Fax: 954.764.0697
www.FyBa.org | e-mail: firstname.lastname@example.org
florida yacht brokers association | www.fyba.org | january/february 2011 5
» Northrop and Johnson is delighted to announce the sale of » The IYC Monaco office is proud to announce Kevin Bonnie’s new
superyacht OHANA, the 154’ (46.9m) ADMIRAL MARINE, by central listing, M/Y SORAYA. SORAYA is a 153’ (46.7 m) motoryacht
Selling Agent Kevin Merrigan from the Fort Lauderdale office to a built by Soraya Yachts and is due to be launched in June, 2011. The
long-time client and yacht owner. OHANA (formerly ROXANA) was Soraya Yacht has been designed as a trans-ocean motor yacht for
originally built under full ABS certification by a very knowledgeable worldwide cruising, with an advanced displacement hull. The full-beam
captain. OHANA will be offered for charter through Northrop and owner’s suite has a king-sized bed facing aft toward and a flat screen
Johnson and has an enviable charter history. OHANA sleeps 10 owners plasma television on the bulkhead. A pullman berth in each brings total
and guests in five double staterooms. guest accommodations to 12, and ensuite head with shower. Her asking
price is €25,000,000. For more information please contact the IYC Monaco
» International Yacht Collection (IYC) announces John F. Dane and office at (Tel): +377 97 98 24 24, or via e-mail: email@example.com.
Frank Grzeszczak’s joint central listing, M/Y LADY LINDA, was
recently added. LADY LINDA is a 187’ (57m) motoryacht under » The IYC Monaco office is proud to announce John F. Dane and Kevin
construction at Trinity Yachts, with her delivery due spring 2011. She Bonnie’s new central listing, M/Y MARLENA. MARLENA is a 144’
provides accommodation for 12 guests in six stylish suites and has seven (43.9 m) sport fishing yacht originally built by Trinity Yachts in 1998,
cabins for a crew of 14. Luxuriously appointed, LADY LINDA’s full- and received an extensive refit and extension in 2005. MARLENA
beam master owner’s suite is located on the main deck forward and has is an upscale sport yacht that is able to sleep as many as 11 guests on
a large owner’s office. There are four half-beam, equal-size guestrooms board and has approximately seven crew members onboard to ensure a
located below the main deck amidships. There is also a one half-beam relaxed luxury yacht experience. Her asking price is $13,500,000. For more
gym aft of the Pilothouse, which can be converted into a guest room. Her information please contact the IYC Monaco office at (Tel): +377 97 98 24 24,
asking price is $44,900,000. For more information please contact IYC’s US or via e-mail: firstname.lastname@example.org.
office at (954) 522-2323, or e-mail: email@example.com.
» IYC announces Frank Grzeszczak and chany sabatas
iii’s central listing M/y taJin was recently added. taJin
is a 147' (44.8m) yacht built in 2000 by trident Marine and
underwent an extensive $3 million refit in 2008. TAJIN
sleeps 10 guests in four staterooms and accommodates
up to 10 crew in five cabins. Her asking price is $7,900,000.
For more information please contact IYC’s US office at (954)
522-2323, or e-mail: firstname.lastname@example.org.
» IYC announces Bob McKeage’s new central listing M/Y CRILI was » The IYC Monaco office is proud to announce Kevin Bonnie’ new
recently added. CRILI is a 132' (40.2m) yacht built in 1999 by Trident central listing, M/Y BUZZ. BUZZ, a Sunseeker 90 built in 2007, is
Marine. CRILI has been used privately for the past six years and has 91’10” (28.0 m) in length. BUZZ offers comfortable accommodation for
been maintained at all times. The yacht was painted in 2008 and has eight guests in one master cabin with double-bed and ensuite facilities;
undergone constant equipment upgrades. The 28’ beam on CRILI leaves one VIP cabin with double-bed and ensuite facilities and two twin
one with the impression of being on a much larger yacht. She offers guest cabins with separate facilities. One twin cabin is fitted with bunk
two master staterooms, with the principal master on the main deck. She beds. There is also a small office on the lower deck. Her asking price
features exquisite woodwork and stonework throughout. CRILLI sleeps is €4,000,000 EUR. For more information please contact the IYC Monaco
nine guests in four staterooms and accommodates a crew up to eight in office at (Tel): +377 97 98 24 24, or via e-mail: email@example.com.
four cabins. Her asking price is $9,500,000. For more information, please
contact IYC’s US office at (954) 522-2323, or e-mail: firstname.lastname@example.org. » Merle Wood reports the following recent activity: New central agencies
for sale include the 177’ Mondomarine Motoryacht, 2012 HULL
» IYC announces Michael Mahan and Simon Gibson’s central listing, M/Y #1;171; Palmer Johnson Motoryacht, 2011 HULL #2 ( Joint CA with
BLUE STAR, has recently been added. BLUE STAR is an 87’ (26.5m) Burgess); 167’ Mondomarine Motoryacht, 2012 HULL #4 ;135’ Palmer
Burger motoryacht built in 1987. There are three private staterooms, Johnson Motoryacht, 2011 HULL #5 ( Joint CA with Burgess);and 134’
each with its own marble head and stall shower. BLUE STAR’s master Mondomarine Motoryacht, 2012 HULL #8.
stateroom is aft with two guest staterooms forward, one to port and one New Price Reductions: 203’ VSY Motoryacht, 2010 RoMa (was
to starboard. Her asking price is $1,695,000. For more information please €52,500,000, now asking €48,950,000. Sold: 150’ Trinity Motoryacht,
contact IYC’s US office at (954) 522-2323, or e-mail: email@example.com 2003 CARIAD.
6 january/february 2011 | florida yacht brokers association | www.fyba.org
Send your news and announcements to firstname.lastname@example.org
NEWS, Continued MARINE CLEARANCES
» Huish Marine Group is pleased to announce the sale of MIRABELLA,
a 70’ Versilcraft which was part of our 2010 FLIBS display. The in-house
deal was closed just before Christmas by Jim Sebastiano for the buyer
and Genie Taylor for the Seller. It was a great Christmas present for all. IMPORT GUIDANCE
» YACHTZOO is pleased to report the new year is off to a busy start
with the closing of the following sales: the 103’ 1999 West Bay Sonship,
LITTLE PARADISE; the 94’ 2005 Horizon, JUDY ANN; and the 85’
2008 Scarborough, MAVERICK.
» Ardell Yacht & ship Brokers reports the following recent activity:
Wallace Donker, of Ardell’s Florida office, sold PALADIN ± 75’
Hatteras 2001. Ron Rickard, of Ardell’s Florida office, represented the
buyer and Jim Elliott, of Ardell’s California office, represented the seller
in the sale of BREEZE - 64’ Moody 2003. All brokers would like to
thank everyone involved in these sales.
Randall Greenfield’s central listing PASHA ± 55’ Classic Yacht
1998 with upgrades completed in December 2010, just launched her
own website www.pashasailing.com. Videos and additional photos are
available for viewing. Ardell’s central listing LAURA LEE IV ± 66’6”
Offshore 2005 has had a $100,000 price reduction from $2,395,000 to
$2,295,000. Please contact Ardell at (954) 525-7637, or e-mail yachts@
WE’LL TAKE IT
ardell.com with any questions you may have.
» Bradford Marine Yacht Sales reports the following news: The
sale of the 1991 107’ Denison M/Y, NOVA STAR, now called VILLA Howard S. Reeder, Inc. has been providing
BELLA III. Douglas Smith acted as both listing and selling broker.
Next month she will be on her way to her new home in Singapore. unsurpassed personalized expertise in
Tucker Fallon closed on a 55’ Fleming, the third listing sold in 2010 U.S. Customs procedures and entries for
for the same owner, who also owned an 84’ Westbay Sonship and a 58’
Hatteras LRC. over 50 years. Trust the leader and navigate
Other recent sales include MATADOR, an 80’ 1988 Baia; JIM’S customs with conﬁdence.
MICHTIFF, a 62’ 2003 Horizon; POTENTIAL, a 60’ 2002 Sea Ray;
HELGA’S CAR, a 55’ 2005 Sea Ray; and LA BELLE RACHELL, a
46’ 2004 Sea Ray.
Whit Kirtland has the joint central listing with Yachtzoo on the
NORTHCOAST 125, a 125’ 2011 Northcoast M/Y. NORTHCOAST
125 has just arrived at the Bradford Marine Yacht Showroom and can
easily be shown to your clients. She has five double staterooms with on-
deck master and full walk around decks. Douglas Smith has just listed
EXIT STRATEGY, a 90’ 1991 Cheoy Lee Expedition M/Y; and Rebel
IV, a 53’ 1982 Hatteras Classic M/Y.
Other new central listing’s include Tucker Fallon’s 1997 50’ MADDY
K; Chris Saumsiegle’s 1999 48’ MY SERENITY; and a 2007 32’
Oceansport, POKUSA. Steve Fill has listed CHRISTINE, a 100’ 1992
Navigating Customs with Conﬁdence Since 1940
Broward M/Y captained by Robert Patton, which has also recently signed
with Bradford’s ever growing Charter Fleet, such as SUN ARK 120’
Heesen, SECRET SPOT 106’ Lazzara, and HAIL MARY 80’ Lazzara. Licensed U.S. Customs Brokers
BOAT SHOW BONDS / MEGA YACHT ENTRIES
» Ocean Independence (OCI) reports one sale and four new CAs. DRAWBACK ENTRIES / IMPOR T CONSULTING
Jeroen Minnema, at OCI Antibes, announces the sale of the 70’ Holland
Michael White at OCI London presents the magnificent 230’
Benetti REVERIE built in 2000. This high volume seven-deck T:305-371-8431 F:305-381-6795
megayacht accommodates 18-24 guests. She is also for charter with www.howardsreederinc.com
florida yacht brokers association | www.fyba.org | january/february 2011 7
HSR-4331-FLYachtBrokersAdvFinal.indd 1 1/14/11 10:49 AM
fyba Send your news and announcements to email@example.com
Also at OCI London, Peter Thompson presents the entirely rebuilt » Atlass Insurance Group is proud to announce that Glenn
113’ Feadship ELEANOR ALLEN (ex. Celine Ashley). Originally Musselwhite has joined our team of insurance professionals in the Ft
launched in 1979, she has been taken back to her basic structure and Lauderdale office. Glenn brings with him more than 20 years experience
rebuilt in Italy with delightful care and attention to the current owner’s as a Yacht Broker. Please join us in welcoming Glenn as we grow our
wishes. She sleeps eight guests in four cabins and is also for charter with team with the best talent available to serve your Yacht and Aviation
Ocean Independence. Insurance needs.
At OCI Zürich, Peter Hürzeler and Axel Douqué offer the
Anastassiades 160’ ASTERIA. Built in 1970 for serious world » sterling Associates is pleased to announce that Jim Velez has joined
cruising, she was fully converted with no expense spared in 2002. She their Ft. Lauderdale team as assistant vice president and sales manager.
accommodates up to 14 guests and 12 crew. Also with Axel Douqué Velez is a seasoned professional with more than 30 years experience in
is the 113’ POLYCARPUS, built at the Arsenal de Toulon in 1949. the marine lending industry, most recently as vice president for the yacht
Her current owner took this strong tug boat hull to Holland in 2003 lending area of First Trade Union Bank. Jim can be reached at 888-286-
and converted her into a Dutch-built superyacht with superb systems, 7771, or via email at firstname.lastname@example.org
equipment and finish. She is very stable at anchor, has a successful
charter record and sleeps 12 guests in six cabins. » Ross Yacht sales is pleased to announce that Ritch Riddle earned
the 2010 Ross Yacht Sales Broker of the Year award. Ritch joined Ross
» united Yacht sales recently participated in the Stuart boat show Yacht Sales in 1983.
with a display booth, five brokerage boats and a new Prestige 50. Two of
the boats - a 38’ Davis and a 31 Intrepid - were contracted during the
show. This was the first show in which United Yacht Sales has displayed
a Jeanneau Prestige. United is now the exclusive US dealer/distributor
for the full line of Prestige Yachts, which have been widely publicized Vicem 78 Cruiser
in the major media. Four new Prestige yachts will be on display at the
Collins Ave., Miami Yacht & Brokerage Show in February. Overall the
Stuart show was a big success!
United Yacht Sales has opened another office in N. Palm Beach at
Old Port Cove Marina. This is the 18th brick and mortar office opened
by United in the last eight years. With the exception of Marine Max,
United now has more offices and more brokers in more states than any
brokerage in the country. The new Palm Beach office accommodates
seven brokers, along with a reception area, and has full access to Old
Port Cove Marina. » Vicem Yachts, Turkish builders of luxury classic motor yachts and
megayachts, headed into the 2010 European show season with a world
debut: the new Vicem 78 Cruiser, at the Cannes and Monaco boat
shows in September 2010. The new 78 Cruiser epitomizes the three
hallmarks of every Vicem yacht: exuding a classic look of timeless
design, exemplifying the Vicem ideals for unmatched craftsmanship
with a commitment to total customization, and the cold-molded
method of construction.
But this classic 25,15m Vicem has undergone a subtle yet
sophisticated makeover with a number of new refinements, thanks
to Vicem’s 15-person in-house design team. The 2010 78 Cruiser
is a classic with a contemporary twist. Many of the changes made
aboard the 78 Cruiser appeal to more European tastes. The trademark
interior high-gloss surfaces have given way to the understated beauty
of satin-finish mahogany, accentuated by neutral-colored fabrics
» Horizon announces a new model for the evolving Horizon and the discerning use of leather appointments. Guests will also
Group lineup. the Horizon E88 is designed for spacious interior appreciate having more natural light stream into social areas through
volume without the sacrifice of sleek lines. With a 21’ beam markedly larger windows. The Vicem 78’s contemporary twists are
and accommodations for eight plus crew, the E88 allows for complemented by an updated exterior, which projects the cleaner lines
comfortable cruising while the formal dining, country kitchen that were well-received with the introduction of the top Vintage Line
and sky lounge provide generous entertaining areas. range, Vicem 92’. The 78 Cruiser can welcome aboard twelve guests
Optional layouts include an open flybridge or enclosed and three crew. Sleeping accommodations include a full-beam master
bridge (as shown). she will be on display at the Miami yacht cabin amidships, one VIP stateroom forward with a king-size bed, and
and Brokerage show, slip 414. For more information, contact two guest staterooms (one double and one twin) ± all with en-suite
Elise Moffitt at 561-721-4852 or email@example.com bathrooms (with a separate shower box).
8 january/february 2011 | florida yacht brokers association | www.fyba.org
Brokerage Forms Committee
Revises Major Forms the marshall islands
FYBA’s Brokerage Forms Committee, chaired by Paul Flannery,
of HMY Yachts, has completed a comprehensive revamping of
some of the major forms used by FYBA members and the yacht
brokerage community. The changes affect forms for Purchase and
Sales Agreements, Central Listing Agreement, Acceptance of Vessel,
Conditional Acceptance of Vessel and Protocol of Delivery.
“We’ve recreated the purchase and sales agreement in order to
streamline the information needed and to offer more protection for
buyers and sellers and for the brokerage community at large,” said
Flannery. “One of the more profound changes will be that we no longer
attach the listing as ‘Exhibit A’.” Instead, an exclusions list will be
offered by the seller.
This will give a better understanding of just what is included with
Image courtesy of aquosyachts.com / mybigfishcharters.com
the purchase of the vessel and remove the liability incurred with
descriptive language regarding performance or sea keeping ability
of a specific vessel,” Flannery added. “The ‘Listing Agreement,’ as it
will now be called, will also change considerably in order to insure a
clearer understanding of the agreement between seller, broker and
Please check the FYBA website for more information on dates and
times for seminars covering these updates. A full summary will be
offered at the next Listing to Closing seminar to be held this spring.
In the meantime, any questions can be handled by contacting FYBA.
In addition to Flannery, members of the Brokerage Forms Committee
include, Jon Burkard, Allied Marine; Cromwell Littlejohn, Merle Wood
& Associates, and Lon McCloskey, The Marine Group. Instrumental in
the changes were Robert Allen, of Robert Allen Law, and Robb Maass
of Alley, Maass, Rogers & Lindsay, P.A. without whose help none of the
changes would have been possible. “Many thanks go to Bob and Rob
for donating their time, hard work and tireless effort in improving the
way we conduct business,” said Flannery.
Eaton Yacht Works Inc.
* Project Management
* Consultation * Post Survey Repairs
* Refit Supervision * Insurance Compliance
* Pre-survey Prep * Commissioning INTERNATIONAL REGISTRIES, INC.
The Marshall Islands Maritime and Corporate Administrators
TEL: +1 954 763 7775 | FAX: +1 954 763 7445
Services & Repair YACHTS@REGISTER-IRI.COM
For more information, contact Jeff Eaton 954-467-7851
Fort Lauderdale, FL • EatonYachtWorks.com For a complete list of offices please visit: WWW.REGISTER-IRI.COM
on_FC0119.indd 1 1/20/11 9:06florida yacht brokers association | www.fyba.org | january/february 2011
By A. Benjamin Chiriboga, Moore & Company, P.a.
Recovering Against a Tortfeasor
for the Loss of Use of a Pleasure Vessel
damaged. Rather, the precedent precludes any relief when the
Issue damages sought are not proved up to be pecuniary and certain.
It is the speculation of damage which the Court does not allow.
Under general federal maritime law, can a Practically speaking then, if a recreational boat owner is able to
yacht owner recover from a tortfeasor for prove that the vessel was to be used in a sort of commercial activity
loss of use of the pleasure vessel? The answer ± like a charter ± then the owner of the damaged recreational vessel
could seek damages for loss of use in Court because that damage
is “yes” but in limited circumstances. would be certain and pecuniary and in line with The Conqueror.
Second, it is important to remember that the Conqueror holding
Introduction is federal case law. Therefore it is only binding on matters brought
When a yacht owner’s vessel is damaged as a result of some tortfeasors under that jurisprudence. This matters because not all cases involving
action, recreational boat owners can seek property or repair damages damage to pleasure yachts must or should be brought pursuant
against the person who legally caused the damage ± a .k.a. the to federal admiralty jurisdiction. If recovery is sought pursuant to
“tortfeasor”. While damage awards usually cover the cost of repair, a both substantive maritime law and state law, the federal maritime
yacht owner also often wants compensation for loss of use, which is the jurisdiction supersedes the application of state law, and favorable
hardest to prove. The ability to recover this type of damage is tenuous state law is of no avail in this situation. However, if the case does
at best when yacht owner claims are brought under the substantive not plead the general maritime substantive law, and if the state’s law
maritime law of the United States. This is largely results from a ruling allows loss of use damage, a plaintiff may be able to recover for the
in an infamous Supreme Court case, The Conqueror. damage he suffered. The Conqueror would of course be inapplicable.
A damaged yacht owner should be informed when seeking damages for Finally, certain cases do exist where the Conqueror case holding
loss of use. The following is a brief survey as to how case law works in has been stretched. Although atypical, consider the case where a
regard to a claim for loss of use damage by a recreational boat owner. plaintiff lived on a vessel that was damaged as a result of an accident.
The recreational vessel was unusable and the plaintiff was forced to
charter a new vessel in replacement. The plaintiff therefore lost the
Rule use of his vessel for living purposes and sought to be compensated.
In the seminal maritime case of The Conqueror, the Supreme Court Although the Conqueror would appear to limit the plaintiff ’s
of the United States ruled that generally the loss of use of a private recovery, the court instead found that it would be consistent with
pleasure vessel could not be a compensable item of damage in recognized law to allow recovery for the chartering costs. The
admiralty cases under the general maritime law of the United States. Plaintiff recovered his relief sought.
From the Courts position, it could only award such relief whenever
it could be shown that “a pecuniary loss, or at least, a reasonable Conclusion
certainty of pecuniary loss, and not a mere inconvenience arising from
an inability to use the vessel for the purposes of pleasure [was present] A seasoned maritime attorney can help you navigate the treacherous
...[in other words] there must be actual loss and reasonable proof of waters associated with this issue. Generally speaking, however, when
that amount.” claims are brought under the general maritime law a plaintiff must
prove pecuniary damages arising from loss of use of a vessel with
All U.S. Federal circuit courts± in cluding the Eleventh Circuit (which sufficient certainty and without forcing the Court to speculate.
covers the State of Florida) -- are bound by the Supreme Court’s In certain situations the Conqueror holding has been deemed
holding in The Conqueror. In fact, recent Eleventh circuit case law has inapplicable. However, until the Supreme Court overrules this
actually underscored the precedents of that case in its decisions, to the case it seems most Courts ± including the federal district courts in
detriment of plaintiffs who find themselves before it. Florida -- will continue to dismiss damage claims for loss of use.
The notable and narrow exception is where the Plaintiff can prove
With that said, under some circumstances Courts have found The the loss of use damage that is both pecuniary and certain. This kind
Conqueror holding inapplicable. of showing would put the claim in line with the holding in The
Analysis A. Benjamin Chiriboga is a litigation attorney practicing with the
First, note The Conqueror holding does not categorically preclude full service maritime art and aviation boutique law firm of Moore &
compensatory damage for loss of use when a recreational yacht is Company, P.A. in Coral Gables, Florida.
10 january/february 2011 | florida yacht brokers association | www.fyba.org
Moore & Company, P.A.
Moore & Company, Law
Maritime • Art • Aviation P.A.
Maritime • Art • Aviation Law
florida yacht brokers association | www.fyba.org | january/february 2011 11
to charter or not to charter?
hartering a yacht isn’t as simple as handing
over the keys to a friend who’s paid $1,000 to
go cruising during the weekend. yacht owners
often wonder whether or not to charter their yacht.
owners who are new to charter often outline ambitious
goals for 20 weeks of charter a year. they may lack a
qualified char er captain and maritime legal advice
but, having gleaned information from friends who have
been “successful” in chartering their own yacht, they
forge ahead, overlooking the numerous laws regulating
charter in u.s. waters.
so what is involved in chartering legally and correctly?
step one should be to learn the difference between charter
agreements. charter brokers and managers use two common forms
of charter agreements: a demise charter agreement (also known
as a bareboat charter agreement) and a time and voyage charter
agreement (known by most as a commercial charter agreement).
the demise charter agreement’s main characteristic is that it places
possession of the vessel in the hands of the charter party. simply
put, at the time the charter starts, the owner relinquishes possession
of the vessel and the charterer takes over crew selection, vessel
operation and management. the owner must relinquish “possession,
command and navigation of the vessel” as to be “tantamount to,
although just short of, an outright transfer of ownership.”
while the charterer is responsible for hiring and maintaining a crew
and for the vessel’s operation, he/she assumes responsibility for the
vessel and its activities. the obvious advantage is that it limits the
owner’s liability. But the owner can’t have ties to the crew selection
or a company employing the crew (which the law may construe as
retaining some control over the vessel, in breach of the basic premise
of this agreement). also on the plus side, the charterer is obligated to
keep the vessel in good repair and return it in the same condition it
was when it was received; ordinary wear and tear excepted.
in the time and voyage charter agreement, the owner remains in
charge of the vessel operation and selects the crew; the charter
party merely rents the space on the vessel for a specified time. The
benefit to owners is that they know their crew is in charge. However,
they also remain liable for the vessel’s activities while on charter.
these agreements lead to other important rules. an owner considering
using a time or voyage charter within the u.s. must have the yacht
endorsed for use in coastwise trade. it requires that the yacht be built
and documented in the u.s., be owned by a u.s. citizen or company,
12 january/february 2011 | florida yacht brokers association | www.fyba.org
By Danielle J. Butler, Esq.
Shareholder at fowler White burnett, P.a.
and employ u.s. crew. Keep in mind that u.s.-built and -registered
vessels are not automatically endorsed for coastwise trade. there
are other potential requirements and regulations that must be met in
order to legally charter a vessel in u.s. waters.
Broad-reaching federal statutes also are a major consideration.
Federal cabotage statutes, such as the Jones act and Passenger
Services Act, prohibit foreign-flagged, or foreign-built vessels from
the coastwise trade. Generally speaking, the cabotage statutes
prohibit transporting passengers or merchandise between u.s. ports
in any vessel other than a vessel built in and, documented under u.s.
laws and owned by u.s. citizens.
as per the Jones act, “a vessel may not provide any part of the
transportation of merchandise by water between points in the us,
either directly or via a foreign port, unless the vessel: (1) is wholly
owned by a us citizen for purposes of engaging in coastwise trade
and (2) has been issued a US Certificate of Documentation with a
the Passenger service act restricts the use of foreign-built vessels
to carry passengers for hire or trade between us ports. Foreign-
flagged, owned and built yachts can operate only non-commer ially
in the u.s. although carrying passengers for hire is considered to
be a commercial use, demise charters are not considered to be
commercial uses, so long as the charterers are using the vessels
non-commercially. Violations of federal cabotage statutes can result
in fines or vessel forfeiture.
other matters to consider include potential taxes. use and sales
taxes vary from state to state and according to the type of charter.
there may also be limits as to the number of passengers allowed
on one charter, regardless of the number of berths the yacht has.
Finally, the vessel itself may become liable for the torts of its
operators, irrespective of whether it is being operated by its owners
Clearly there is more to chartering a yacht than just finding a willing
charterer and signing a contract. Knowing the law and planning
ahead will save you money and legal problems in the long run.
*The information offered in this column is a summary in nature and should not
be considered a legal opinion. Consult a maritime attorney concerning the
chartering of a vessel. No attempt is made to be as inclusive and exhaustive
concerning the U.S. maritime laws regarding pleasure vessel chartering.
**Danielle J. Butler is a Shareholder at Fowler White Burnett, P.A. located in
Fort Lauderdale, Florida. Ms. Butler handles both litigation and transactional
matters within the yachting and pleasure boating community. She may be
contacted at 954-377-8129 or firstname.lastname@example.org.
florida yacht brokers association | www.fyba.org | january/february 2011 13
By Randi Myers, fyba
The 2011 FYBA
hanks to Platinum Sponsors Moore
& Co. and Westport for sponsoring the 2011
Annual Dinner Meeting held Jan. 29 at the
B Ocean Hotel in Ft. Lauderdale. Over 140
members and guests attended the event,
which featured a cocktail reception, awards
presentation, dinner and dancing all while
enjoying breathtaking views of the ocean, Intracoastal Waterway
and the lights of Ft. Lauderdale.
The meeting began with an introduction and welcome by emcee
Bob Saxon of International Yacht Collection. FYBA Vice
President Lon McCloskey then presented Crom Littlejohn with
the 2010 Presidents Award. Jason Dunbar, who resigned from the
Board of Directors in September, was presented with an award
and recognized for his dedication and service. The 2011 board
election results were then announced along with the people who
would make up the rest of the board of directors. Congratulations
to Georges Bourgoignie, Paul Flannery, Bob Saxon, Bruce
Schattenburg and Gary Smith for being re-elected to a two-year
term on the board. They join Jon Burkard, Frank DeVarona, Jeff
Erdmann, Crom Littlejohn, Lon McCloskey and Bob Zarchen,
who are all returning to complete their terms.
FYBA then presented all sponsors from 2010 with awards of
appreciation. Sponsors recognized include Westport, Moore & Co.,
Alley, Maass, Rogers & Lindsay, P.A., Willis Marine Superyacht
Insurance, Bank of America, ASAP Marine Documentation & 2 3
Registration, Fowler White Burnett, P.A., Marine Solutions, Nelson
Hess, LLP, Scott Financial Services and Yacht Controller. The 1. 2011-2012 Board of Directors: Jeff Erdmann, Jon Burkard,
awards presentation ended with Debra Blackburn being presented
Bob Saxon, Crom Littlejohn, Gary Smith, Frank DeVarona, Lon
with the Charter Broker of the Year Award and Jeff Erdmann being
presented with the Broker of the Year Award. McCloskey & Paul Flannery. Not pictured: Georges Bourgoignie,
Bruce Schattenburg & Bob Zarchen. 2. Ron Nugent (right) of
Guests then enjoyed a delicious plated dinner and had the chance Westport accepts a sponsorship award for sponsoring the
to network with their industry peers. After dinner, guests enjoyed dinner. 3. Erin Ackor (left) of Moore & Co. accepts a sponsorship
dancing and music by the Funkabilly Playboys, sponsored by Bank
award for sponsoring the dinner.
14 january/february 2011 | florida yacht brokers association | www.fyba.org
4 5 6
4. Jeff Cox, Lon McCloskey, Debbie Dye,
Crom Littlejohn, and Steele & Bobette Reeder.
5. Lisa Scott-Founds, Bob Saxon, Frank
DeVarona, Kitty McGowan, Tim McDermott,
Betty DeVarona, and Marisa & Roger Andrade.
6. Debra Blackburn & Cesar Boggio 7. Daphne
d’Offay (left) and Jeff Shaffer (right) present
Debra Blackburn with the 2010 Charter Broker
of the Year Award. 8. Jeff Erdmann (left) is
presented with the 2010 Broker of the Year
Award. 9. FYBA President Crom Littlejohn
(right) presents resigning board member Jason
Dunbar with an award of appreciation for serving
on the Board of Directors. 10. Maria Benitez,
Christel Mohr, Diana Fabozzi, Nancy Poppe &
Jeff Last 11. Daniella Chisolm, Bob Denison,
Bud Wickman & Christen Archer 12. Catherine
Swanson, John Jarvie, Brianne Garrettson &
Guests enjoyed dancing to the music of the
florida yacht brokers association | www.fyba.org | january/february 2011 15
» Jamie and Jim Wallace, previously with
Yacht Zoo, are now with Edmiston. P.O. Box 1112,
Palm Beach, FL 33480. Phone: 212-792-5370; Fax:
646-201-5890. JRW@Edmiston.com; email@example.com.
» Chris Cook, formerly of Ocean Blue Yachts,
has joined United Yacht Sales. 602 N.W. Dixie Hwy.,
Ste 101, Stuart, FL 34994. Phone: 888-922-4814.
YAG: Changing the World,
Without Changing Course
YachtAid Global – also known as yaG - is a humanitarian yacht
charity dedicated to helping those less fortunate. Founded in 2006
by former yacht captain, Mark drewelow, yaG coordinates the
delivery of school and medical supplies, as well as food and clothing
to children in need in mainly in coastal communities, via a fleet of
this past summer, yaG was approved as a charitable project under
united charitable Programs (ucP), which is a registered 501(c)(3) that
extends its public charitable status, along with administrative resources,
to cover a variety of charitable organizations. as a ucP project, yaG
essentially gains an administration team and allows its patrons to make
tax-deductible donations to its causes without restriction.
YachtAid Global was proud to be a beneficiary of the Rybovich
captain’s Golf invitational, oct. 15, 2010, during the Ft Lauderdale
international Boat show. it also has recently partnered with M/Y Big
Fish to deliver aid to robinson crusoe island after a tsunami hit there
in early 2010. and, in december, the owners, guests and crew of M/y
slojo exercised 24/7 on a treadmill, water rower and stationary bike
to raise money for YachtAid Global during a “Transpacific Triathlon”.
see the hilarious videos and photos from the event on Facebook.
yaG also is the embracing green concepts. since it is a purely virtual
entity, with operations conducted electronically, it uses no office or
paid staff. there’s also no overhead and no footprint beyond the use
of internet bandwidth and human energy.
To get involved, contact Dhardra Blake, director of events, at:
16 january 2011 | florida yacht brokers association | www.fyba.org
FINALLY – A SEARCH ENGINE
Only YachtCouncil.com protects brokers’ commission by guaranteeing one centralized listing,
no double dealing — and no sharks in the water.
We all know brokers who listed a yacht on other search engines only to find the same yacht listed at a
different price. Maybe it’s happened to you. Well it can’t happen when you list with YachtCouncil.com. Our
policy of one yacht, one listing is unbendable – and that means you can’t be robbed of a commission.
With over 1.5 million page views a month, over $3.5 billion in boats sold last year and the lowest listing
fees around – plus a guarantee that your listing will be an EXCLUSIVE YachtCouncil listing – isn’t it time to
get on board?
Protect your commission! Call 1-561-204-1925 or email info@getYC.com and become a member today!
OFFICIAL SEARCH ENGINE OF THE YACHTING INDUSTRYTM
International Yacht Council Members:
Northwest Yacht Mediterranean Yacht California Yacht Florida Yacht Brokers Association of Brokers Boating Industry Association British Columbia Yacht
Brokers Association Brokers Association Brokers Association Association and Yacht Agents of New South Wales Ltd Brokers Association
By Gary Beckett,
The 2011 Yacht & Brokerage
Turnkey Communications & Public Relations
Optimism Following FlIBs
Carries Over to February Events
When business has fallen as far as it has in the yachting industry the last two years, you have
to be glad when growth of any kind returns. That seems to be the viewpoint being taken by
yacht brokers and others in the business, as a slow turnaround continues to take hold.
hile some people hope for a
return to the levels of the past,
few are counting on that
happening anytime soon. Still,
following a very positive Fort
Lauderdale International Boat
Show (FLIBS) in the fall, a sense of renewed optimism
continues, although it is guarded.
“You have to be optimistic in this business,” said Mike
Rafferty, sales manager of Camper & Nicholsons (CN).
“The economy is starting to show signs of life again, so
we’re more optimistic than we’ve been the last two years.”
He summarizes current conditions by saying: “Business is
improving but very slowly.” “ You have to be optimistic in this business. The economy is
Rafferty said he expects more people at the Miami starting to show signs of life again, so we’re more optimistic
Yacht & Brokerage Show and also plans to have as many than we’ve been the last two years.”
as seven boats on display, which is up from previous years.
— Mike rafferty, camper & nicholsons
“It’s showing that our clients who own these boats have a
certain amount of confidence that they aren’t wasting their money “We are organizing and hosting more events, such as “docktail”
putting their boats in the show,” Rafferty said. “The last few years we parties, demo days, summer cruises and fishing tournaments in order
had a difficult time convincing them they should pay the entrance fee to create more awareness of our brands and stay in touch with our
when they thought ...they wouldn’t get any results.” customers,” he said.
Frank De Varona, president of Yachting Experts and a FYBA board That seems to be the approach of many exhibitors at this year’s Miami
member, agreed that customer interest is improving along with shows, including the Miami International Boat Show & Strictly Sail.
consumer traffic at the various shows. However, he said it takes more Chuck Cashman, MarineMax regional president of Florida East, said
advance work to bring customers in. the dealership will sponsor a few VIP customer events at Miami in
support of various brands. “We will be up in display size, although we
“More traffic would be welcomed,” he said. “But in reality, it is taking are watching expenses very carefully,” he said.
a lot of traveling and executing out of our normal marketing strategies
to generate the traffic.” MarineMax also will host several new model introductions along with
special “introductory” pricing. “We will have very aggressive pricing
De Varona added that controlling costs remains an imperative. For on the remaining inventory, as we have found that the market is still
that reason, he said Yachting Experts (YE) will have roughly the same looking for a deal,” he said. However, Cashman is among those who
size display and staff on hand in Miami as they had at FLIBS, but feels the market is improving, albeit slowly.
will place more emphasis on increasing services to clients.
“We have seen consistent sales improvement in the majority of
When it comes to marketing and promotions, again De Varona said the winter shows,” he said. “We believe that this improvement is
YE is focusing on offering more personalized contact with clients. sustainable through the spring and summer.”
18 january/february 2011 | florida yacht brokers association | www.fyba.org
What Our Team Can Do
Concord Marine Electronics
Integrated Navigation, Entertainment & Communication Systems
Authorized Dealer Authorized Dealer
2233 S Federal Highway • Fort Lauderdale, FL 33316 • 954.779.1100 • 954.779.7090 Fax
www.concordelectronics.com • email: firstname.lastname@example.org
florida yacht brokers association | www.fyba.org | january/february 2011 191/20/11 1:19:4
Find what you’re
sales Assistants: killian Yacht & ship Brokers has an
opening for experienced yacht sales administrative assistants with knowledge
of Yacht Council, Yacht World and a reasonable track record of managing
sales personnel and handling transaction closings. Must be computer
savvy, self-motivated, able to provide everyday solutions with excellent
communication skills. Professionals fluent in Spanish and other languages
will be considered for some necessary training if deemed otherwise capable.
No phone calls please. Email resumes to email@example.com.
Brokers: killian Yacht & ship Brokers has openings for
experienced yacht sales associates and brokers. The opportunities are
limited to a few dedicated professional individuals with the strongest
desire for potentially unlimited success. Please email your resume, which will
be kept in strictest confidence directly to JK@killianyacht.com.
Yacht Broker Wanted: Anchor Yacht sales is looking for
an experienced broker to join our expanding sales team. The successful
candidate must have a professional and aggressive work ethic and be
successful in both new and brokerage sales. Be part of a great team. E-mail
or Fax cover letter w/ resume to Lmonty@bellsouth.net Fax: 954-797-6682.
Yacht salesmen: Anything on the Water is looking for
experienced brokers to join our company and grow with us. Generous
commission split. All replies held in strict confidence. Call or email Rebecca
Riley: 954-205-8001 firstname.lastname@example.org
Charter Yacht Manager: Anything on the Water is adding
a Charter Yacht Management Division. Join us now and grow with our
company. All replies held in strict confidence. Call or email Rebecca Riley:
Broker/salesperson: Pier One Yacht sales, has an opening
for an experienced, licensed broker or salesperson. Applicants must be able
to work on his or her own and handle new as well as brokerage sales and
listings. E-mail resume to email@example.com or fact to 941-766-7443.
All applications are kept confidential.
Broker/salesperson: Generation Marine is looking for an
experienced, licensed salesperson. Candidate will have a proven successful
yacht sales background, the highest of ethical standards and be able to
work independently. Attractive compensation program, including sales
bonuses, is offered to the ideal candidate. Please contact Bob Crow at (954)
321-1457 or email firstname.lastname@example.org for a confidential meeting.
Brokers: united Yacht sales is looking for two brokers to work for
their new Palm Beach office at Old Port Cove marina. United Yacht Sales
is offering the best commission split in the industry. Call Peter Schmidt at
772-485-1025 for complete information. All inquiries are confidential.
Administrative assistant/closing secretary needed:
Familiarity with WORD, EXCEL, marine related databases, listing
entry, advertising and marketing is desired. Coordination of closings
is paramount. Organizational skills a plus. Benefits include health and
dental insurance, paid vacation and sick days. Contact Jeff at Gilman Yachts
20 january/february 2011 | florida yacht brokers association | www.fyba.org
Northern Exposure — Tax
Consequences of Cruising the
Many yacht owners regularly cruise the atlantic coast from Florida
to Maine. destinations in new york, connecticut, rhode island,
Massachusetts and Maine are especially popular. However, many
owners may be unaware that their yachts could be subject to
potential use tax liability in these states.
revenue-starved jurisdictions in the northeast increasingly are
pursuing use tax liabilities from vessel owners with foreign-flagged
yachts, as well as yachts registered in other states that are only
there for brief visits. Last summer saw an increase in state revenue
agents, local marine patrollers and us customs inspectors acting
together to detain foreign-registered pleasure yachts in high-profile
new york ports. reports show these inspections targeted a number
of issues in addition to use tax and state registration matters,
including the immigration status of foreign crew, handgun permits
and vessel safety concerns.
northeastern states legislatures continue to revise their respective
sales/use tax statutes concerning yachts, many of which could be
very expensive to yacht owners who unknowingly establish taxable
nexus while in these states. as such, the following considerations
must be made prior to cruising into these waters:
1. The taxability of yachts and the applicable tax rate in the
cruising jurisdiction of choice.
2. The amount of time an owner plans to spend in any state.
Yacht owners also should understand the difference
between registration requirements and use tax liability.
3. Whether the owner of the vessel, either individually or as a
beneficial owner/officer of the vessel owning entity, has any
connections with any of the northeast states (e.g. home,
business, or summer slip/mooring agreements).
4. The amount of time that has passed from the date of the
yacht purchase to the yacht’s first entry into any of the
5. For yacht owners who own their yachts through entities
(e.g., corporations or LLC), whether proper corporate
formalities have been instituted and legitimate business
practices have been followed.
after a thorough review of the facts and circumstances,
recommendations can be offered to a yacht owner to help minimize
potential use tax liability and a possible audit inquiry concerning the
ownership and operation of their vessel in these waters. informed
tax planning can increase the enjoyment of cruising northeastern
destinations and reduce the risk of any consequential tax or
Bohonnon law Firm, llC
203 – 787 – 2151
florida yacht brokers association | www.fyba.org | january/february 2011 21
January New Members
proFessional actiVe Christine J. Buttigieg - The Catamaran Bill snyder - The Marine Group of Palm
Paul Burgess* - Sunseeker Florida 4005 n. Federal Hwy., #200, Ft. 2401 PGa Blvd., #164, Palm Beach
2550 s. Bayshore dr., #204 a-B, Miami, Lauderdale, FL 33308, Phone: 954-449- Gardens, FL 33410, Phone: 561-
FL 33133, Phone: 305-856-4050, Fax: 4646, Fax: 954-727-0024, Hugh Murray & 627-9500, Fax: 561-627-9503, Lon
305-856-4030, Keith Maling & Frank don Buckles Mccloskey & Jon Burkard
deVarona Robert Hommel - Denison Yacht Sales, Inc. Jeffrey Wear - Caribee Boat Sales &
Dave sell* - Florida Yacht Group 401 s.w. 1st ave., #102, Ft. Lauderdale, Marina, Inc.
1177 avenue c, Port of Palm Beach, FL FL 33301, Phone: 954-763-3971, Fax: 81500 overseas Hwy., islamorada, FL
33404, Phone: 561-844-1100, Fax: 561- 954-763-3940, Bob denison & Bernard 33036, Phone: 305-664-3431, Fax: 305-
coffey 664-2838, william Gilbert & Bryan Boyd
844-8946, dave dodgen & Mark Lipkus
Bob Roscioli - Waterside Yacht Sales
3201 state rd. 84, Ft. Lauderdale, FL aFFiliate associate
33312, Phone: 954-581-9200, Fax: 954-
791-0958, tom Glass & Paul Engle Maria Benitez - Willis Marine
Rick Aurit - Merle Wood & Associates, Inc.
John slate - Waterside Yacht Sales 1500 cordova rd., #308, Ft. Lauderdale,
888 E. Las olas Blvd., Fl. 4, Ft.
3201 state rd. 84, Ft. Lauderdale, FL FL 33316, Phone: 954-524-9399, Fax: 866-
Lauderdale, FL 33301, Phone: 954-
33312, Phone: 954-581-9200, Fax: 954- 712-3769, nancy Poppe & christel Mohr
525-5111, Fax: 954-525-5165, Lon
Mccloskey & Kent chamberlain 791-0958, tom Glass & Paul Engle
Yacht at Rest, Mind at Ease F E B RU UR
A RY S
AI LI N
TH E M G TO
R R AN
DON ’ E AN!
T MI S
C ALL —
Tel. 954-525-8707 or 1-888-SHIP-DYT (744-7398)
DYT_FYBA_Compass_02-2011.indd 1 1/18/2011 2:57:28 PM
22 january/february 2011 | florida yacht brokers association | www.fyba.org
learn more about the Florida
Yacht Brokers Association at
kevin McCarthy - Ocean Alexander of charter associate katie Hirschberger - Outer Reef Yachts
Florida, LLC 1850 s.E. 17th st., #101, Ft. Lauderdale,
2301 s.E. 17th st. causeway, Ft. katya Jaimes - Northrop and Johnson FL 33316, Phone: 954-767-8305, Fax:
Lauderdale, FL 33316, Phone: 954- Yachts-Ships, Inc. 954-767-8302, Jeff druek & Michael
779-1905, Fax: 954-779-1909, richard 17 rose dr., Ft. Lauderdale, FL 33316 schlichtig
allender & arthur Grin Phone: 954-522-3344, Fax: 954- Deb McCall - Bartram & Brakenhoff, LLC
Dayton Trubee - The Moorings Yacht 522-9500, Kevin Merrigan & Michael 2 Marina Plz., Goat island, newport,
Brokerage nethersole ri 02840, Phone: 401-846-7355, Fax:
222 severn ave., Bldg. 7, ste. 3c, 401-847-3629, tom Babbitt & Bruce
annapolis, Md 21403, Phone: 410-280- support Brakenhoff
0520, Fax: 410-280-0521, Hugh Murray &
Tiffany Bowe - Ocean Alexander of Florida, LLC
Panu Virtanen - Cheoy Lee Shipyards, N. 2301 s.E. 17th st. causeway, Ft.
America, Inc. Lauderdale, FL 33316, Phone: 954-
801 seabreeze Blvd. Ft. Lauderdale, FL 779-1905, Fax: 954-779-1909, richard
33316, Phone: 954-527-0999, Fax: 954- allender & arthur Grin
527-2887, B.y. Lo & Marty isenberg
EXPERIENCE, KNOWLEDGE & PERSONAL SERVICE
40 YEARS SERVING SOUTH FLORIDA . FORT LAUDERDALE . MIAMI . WEST PALM BEACH
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CUSTOMS BROKER / FREIGHT FORWARDER 101 SE 21 Street, Fort Lauderdale, Florida 33316 | 954-522-3763 | www.jpreynolds.com
florida yacht brokers association | www.fyba.org | january/february 2011 23
fyba Written and Attended By Marian Walker,
FYBA Charter Committee Member, The Marine Group, Ft. Lauderdale, FL
49th Annual Antigua Yacht Charter show,
December 6-11, 2010
LET ME START BY SAYING, “WOW! WHAT A SPECTACuLAR SHOW THE The Antigua Charter Yacht Meeting (ACYM) on Wednesday, Dec. 8, paid
49th Annual Antigua Charter Show turned out to be”. With 115 yachts on tribute to Rodney Nicholson, the founder of the show who passed away in 2010.
display, and more than 300 charter brokers, 200 non-exhibiting vendors and Day shuttle transportation was provided between all three marinas and
39 media representatives and agents attending, the event proved to be one sponsored by the Mediterranean Yacht Brokers Association (MYBA) and the
of the jewels of charter show this season. American Yacht Charter Association (AYCA), with evening and St. James
Yachts were featured in three separate marinas at Falmouth Harbor, Club shuttles sponsored by the Charter Yacht Brokers Association (CYBA).
Nelson’s Dockyard and the Antigua Marina and Yacht Club, allowing The show-closing Crew Bash on Saturday for charter yacht crew was
attendees to view all yachts with ease. Captains and crew welcomed all held at The Reef Garden and featured an assortment of food, music, drink
attendees aboard and many familiar faces from all over the world were in and prizes. Crew were able to relax after six days of hard work, mingle with
attendance. attendees and have some good “island” fun before setting off either on
Events over the six days of the show included a welcome dinner party, charters, or to their next port stop. We wish to thank them for all their efforts
daily seminars and lectures, wine tastings, lunches conducted each day on during the show.
various yachts so guests could sample the hospitality and cuisine of each A big thank you goes out to the staff of the Antigua Show Management team
yacht’s chef and crew, nightly yacht hops, a Concours de Chef competition for putting on such a successful show and for making all attendees welcome.
and a show-ending closing party. In addition, a Saturday “sail day” was The 2011 event is scheduled for December, 4-10. The show will celebrate
extended after show hours, which allowed invited agents to enjoy a micro- its 50th anniversary. ACYM hopes to see many familiar faces at the show
charter around the shores of Antigua. in December.
80 ton Hydraulic Carrier
150 ton Elevator Call about Specials 220 ton Travel Lift
Exclusive for FYBA Members!
Survey / Haul Outs
The most diversified hauling facility in South Florida.
No one has more ways to haul with more room to work.
Specializing in emergency and weekend hauling.
Contact us for prompt service
3201 State Road 84, Fort Lauderdale, 33312 Tel. 954-581-9200
24 january/february 1
Compass.1.11.Roscioli.Half.indd 2011 | florida yacht brokers association | www.fyba.org 2/3/11 1:08 PM
fyba Send your Charter News to email@example.com or call 954.522.9270
n Churchill Yacht Partners is pleased to
announce that isaBEL, the beautiful 75’
ted Fontaine designed sloop, has joined
the charter fleet. ISABEL is a superbly
elegant new (2010) classic sailing yacht
with an immaculate Edwardian-style, glossy
varnished teak interior, two equal sized
ViP staterooms, a comfortable main salon,
pilothouse with panoramic views and large
comfortable cockpit. isaBEL is available in
the caribbean this winter and new England
for the summer of 2011.
she sleeps four guests in two staterooms
and offers a crew of two. the charter rate
is from $40,000 per week. For additional
information, contact Els Bucknell at the Fort
Lauderdale office at (954) 527-2626, or email
n Churchill Yacht Partners is pleased to
announce the expansion of the charter
Management division with the recent addition
of Lara-Jo ‘LJ’ Houghting, formerly of beautifully refit gentleman’s yacht. Six guests she will be cruising the western Mediterranean
northrop and Johnson yachts-ships inc. in three staterooms. rate is $16,500 p/w + all. this coming season for ˆ 26,000-29,000 per
over the past decade LJ has established a For further information, please contact week. 85’ inace FortaLEZa - this well-
solid foundation in the operations of all aspects Charter Manager Kaisa Pace at (office) 954- equipped and luxurious explorer vessel
of the yachting industry and chose to specialize 779-7377, or (cell) 954-235-2290. E-mail: offers an array of water sports toys and
in the field of Charter Management in January firstname.lastname@example.org. accommodation for up to 10 guests. she will
2007. she is a member of the Florida yacht be cruising the western Mediterranean for
Brokers association charter Professionals n Ocean Independence (OCI) reports five ˆ 43,000 per week. ask about their ancient
committee and young Professionals in new cas for charter. stephanie archer at shipwreck findings in the Aeolian islands and
yachting. Maintaining strong relationships with oci uK presents two new ca’s for charter. how your clients can be a part of it.
the owners and yachts she represents, LJ will the entirely rebuilt 113’ Feadship ELEanor adelheid chirco at oci dusseldorf has added
continue to represent arioso, a 130’ westport, aLLEn (ex celine ashley); launched in 1979, the 84’ Bruce Farr design roMa. with
and swEEt EscaPE, a 130’ christensen. she has been taken back to the basic structure accommodation for up to eight guests in
To contact Lara-Jo Houghting, please email and rebuilt in italy with delightful care and four cabins this sloop will be cruising the
LHoughting@ChurchillYachts.com. attention to the current owner’s wishes. she western Mediterranean this coming season
sleeps eight guests in four cabins and will be for ˆ 25,000 per week.
n Merle Wood New Charter CA’s: 150’ cruising the Mediterranean during summer
trinity Motoryacht, 2003 cLairE and 115’ 2011 for ˆ4 5,000-55,000 per week. Send your Charter News to Randi Meyers
Broward Motoryacht, 1997 cLairE. For a more contemporary and performance at email@example.com.
style cruise, the 95’ Pendennis sy 2009
n Bartram & Brakenhoff is pleased to nostroMo offers accommodation for up
announce that its Florida charter division to seven guests in four cabins and will be
has added three boats to its charter fleet: available in the Med for ˆ 45,000-50,000 per
innisFaiL – 1939, 92’ Mathis trumpy; a week.
beautifully restored american classic. six Paula Barber at oci Monaco welcomes
guests in three staterooms, she is certified for two new CA’s to the charter fleet: 97’ CIM
up to 40 passengers for day charters. rate MoonLiGHt ii - with an established,
is $22,000 p/w + all. watErsHEd ii – 2007 enthusiastic, professional crew and fantastic
87’ President. accommodates six guests in chef this continuously refitted sloop sleeps
three staterooms. rate is $29,000 p/w + all. eight guests in four cabins and comes well-
FrEdriKstad – 1968/2006 smedvik Mek, a equipped with toys, tenders and towables.
florida yacht brokers association | www.fyba.org | january/february 2011 25
brian hermann, Pat Cordere, els bucknell, Mike Carlson & Oscar Romano 85' Lazzara M/y OCTane
fyba kicked off the year with a charter
brokers open house, jan. 12, at bahia
mar in fort lauderdale. more than 40
charter professionals attending the
event had the opportunity to view
seven charter vessels on display.
yachts ranged in size from the 75’
FREDRIksTAD to the 124’ AQuAsITION,
and attendees enjoyed the chef’s choice
of delicious treats onboard each vessel.
watch your email for information on the
next charter open house!
87' President M/y WaTeRShed II andrew Cilla & Michael hartman
Members onboard 85' OCTane 81' ferretti PaLadIn
26 january/february 2011 | florida yacht brokers association | www.fyba.org
Exclusively For Fyba Members!
CHIMA BRAZIlIAN sTEAkHOusE
Chima is offering FYBA members a
discounted rate of $39.50 per person
plus any dessert choice. This offer is
valid every Monday ± Wednesday.
GOOD LUCK AT THE BOAT SHOW
Simply tell your server that you are a Vessel Registration — Flat Fee Packages for Miami Boat Show
FYBA member to redeem the special
offer. For reservations contact Betsy Domestic - Attorney supervised transaction and closing
Millson-Anderson at 954.867.7200. USD $ 995 Florida Title and Registration
USD $2500 Florida Company, Title and Registration
USD $3500 Florida Charter Company, Title and Registration
USD $4500 Florida Charter Company, USCG Documentation,
USD $2500 USCG Documentation, Florida Registration
USD $1850 Delaware Vessel Registration – one year
FlORIDA PANTHERs USD $2500 Delaware Company, Delaware Vessel Registration
USD $ 875 USCG Deletion
The Florida Panthers is pleased to offshore - Attorney supervised transaction and closing
offer discount ticket prices exclusively
USD $12,000 British Virgin Islands - Company and Vessel
to FYBA members. Please refer to Registration
the Member Services section on the USD $14,000 Cayman Islands - Company and Vessel Registration
FYBA website at www.fyba.org for USD $15,000 Marshall Islands - Company and Vessel Registration
additional information USD $13,000 St. Vincent and the Grenadines -
and ticket prices. Company and Vessel Registration
finAnce: USD$ 3000 Bank opinion letter
Flat Fee includes all fees and costs necessary to incorporate company and register a
private pleasure vessel (under 24m) in ship’s registry outlined above. Please contact us
for a flat fee price for vessels over 24m. A maritime attorney from Perry & Neblett will
personally appear and supervise all Offshore Florida/Bahamas closings. Please contact
Jim Perry at 305-321-7000 for a free consultation regarding vessel registration and
DIsCOuNT DENTAl PlANs documentation. The hiring of a lawyer is an important decision that should not be based
solely on advertising. Before you decide, ask us to send you free written information
at www.FYBAdental.com about our qualifications and experience.
FYBA members are eligible for Discount Dental Plans CALL FOR A FREE COnSULTATIOn
available at www.fybadental.com. FYBA members enjoy
a 15% discount off published rates when using Coupon
Code “Yacht” on the exclusive website for FYBA members. J a m e s H. P e r ry , II, P.a.
Visit www.FYBAdental.com for more information.
2550 SOUTH BAySHORE DRIVE
SUITE 11, MOnTy’S In THE GROVE
MIAMI, FLORIDA 33133
TEL: 305-856-8408 n TOLL FREE: 800-321-7105 n FAx: 305-856-8409
florida yacht brokers association | www.fyba.org | january/february 2011 27
The first open house of 2011 took place
on thursday, jan. 20, at bahia mar in ft.
lauderdale. the event featured 29 boats
ranging in size from 37’ up to 161’. more
than 120 industry professionals attended
the event and enjoyed networking with
their peers before the upcoming miami
yacht & brokerage show, which runs feb.
17-21 in miami beach. mayra’s personal
touch catering provided drinks and
delicious hors d’oeuvres onboard host
boat lOHENGRIN, a 161’ trinity that was
offered courtesy of broker bob mckeage
of international yacht collection.
fyba would like to thank yacht controller
and scott financial services for signing on
to sponsor the broker shows again in 2011
– we appreciate your support! the next
open house will be april 21.
host boat LOhenGRIn, a 161' Trinity Watch your email for more details!
bruce Schattenburg (right) with the
Captain of LOhenGRIn 75' eL enCanTO
butch Risker & Ginger hornaday with a
crew member of GOOSe bUMPS
alex Clarke, david Johnson & diana fabozzi 37' Trawler haPPy ThOUGhT Marty Isenberg, david nichols & Mel Wolff
28 january/february 2011 | florida yacht brokers association | www.fyba.org
By Ginger Hornaday
sunset harbor COUNSEL FOR YOUR YACHT TRANSACTIONS
yacht club • Construction Contracts • Foreign Registration
• Purchase/Sale/Trade • U.S. Documentation
Sunset Harbour Yacht • Financing Transactions • Sales and Use Tax
Club Slips for Sale • Charter Agreements
• Charitable Donations
• Marine Insurance Matters
sunset Harbour yacht club has hired Ginger Hornaday, of onE
sotheby’s realty, to rebrand the marina and market yacht slip • Cruising License Issues • Management Contracts
resales for owners of its equity club membership program. the
yacht slips for sale at sunset Harbour yacht club (sHyc) feature
10-foot depths at the dock, 8-10-foot controlling channel depths
and 65-foot bridge height restrictions. BUHLER LAW FIRM P.A.
Mark J. Buhler
sHyc has 125 slips for vessels between 45 and 160 feet in length. Board Certified in Admiralty and Maritime Law
“Live-aboard” member-owned slips are combined with two Office: 407.681.7000
acres of prime waterfront property in an equity club membership Ft. Laud. 954.644.1758
program, which is transferred in a stock certificate providing Mobile: 4 07.497.0110
a 125th share of the club by slip, parking space and upland firstname.lastname@example.org
percentage. A fitness center with an Olympic-size pool, marina
office and landscaped waterfront area also are included.
555 WINDERLEY PLACE, SUITE 300, MAITLAND, FL 32751
this facility is close to popular restaurants and includes a full
service marina with restrooms, showers, laundry facilities and
dry cleaning pick-up and drop-off. For more information, contact
Virginia Hornaday, Pa, broker associate, one sotheby’s, at (954)
682-2196, or e-mail her at email@example.com. Buhler.Compass.1.11.indd 1 2/1/11 6:3
Jake Cox and Associates, LLC
Tax Consultants and Advisors
P.O. Box 2537, Havana, Florida 32333-2537
Providing personalized and professional Florida sales and use tax advice.
Specializing in the area of boat and aircraft taxation and exemption.
ss.1.11.JakeCox.FINAL.indd 1 2/3/11 1:36 PM
low res replace
florida yacht brokers association | www.fyba.org | january/february 2011 29
Florida Yacht Brokers Association (FYBA) Membership Information
Professional Membership Charter Professional Membership
For Professional yacht Brokers and salesman who are bonded and For individuals and/or businesses directly related to the charter yacht industry.
licensed by the state of Florida under yacht and ship Brokers art.
n ACTIVE CHARTER PROFEssIONAl:
n ACTIVE: The owner, principal, partner or manager of the firm directly
The owner, principal, stockholder partner or officer of related to the charter yacht industry.
the firm. Current “Employing Brokers” license in Florida. • complete section a of application; annual dues: $200
• complete sections a-c of application S
• ponsorship requirements: Two (2) “Active”
• Annual dues: $200 Professional members
• Active Professional Sponsorship requirements: n AssOCIATE CHARTER PROFEssIONAl:
• Two (2) “Active” Professional members Other employees of the firm directly related to the charter
n AssOCIATE: • complete section a of application; annual dues: $75
Other sales personnel associated with the firm. Current • Sponsorship requirements: Two (2) “Active” or “Assoc.”
“Broker” or “salesman” license in Florida. (temporary • Professional, Charter Professional or Affiliate members
license not eligible)
• complete sections a-B of application Affiliate Membership
• Annual dues: $75 For individuals and/or businesses directly related to the charter yacht industry.
• Associate Professional Sponsorship requirements:
• Two (2) “Active” Professional members n AssOCIATE: the owner, principal, partner or manager of
the firm directly related to the yacht brokerage industry.
• complete section a of application; annual dues: $300
• Sponsorship requirements: Two (2) “Active” or “Assoc.”
Unlicensed employees of Professional member’s firm.
• Professional or Affiliate members
• complete section a of application
n AssOCIATE AFFIlIATE: Other employees of the firm
• Annual dues: $25
directly related to the yacht brokerage industry.
• Support Sponsorship requirements:
• (complete section a of application); annual dues: $75
• Two (2) “Active” or “Assoc.” Professional members
• sponsorship requirements: two (2) “active” or “assoc.”
• Professional or Affiliate members
FYBA Membership Facts
to unite those engaged in the yacht brokerage business for the 10 Reasons to Join FYBA
purpose of promoting cooperation and professionalism among
lEGIslATIVE ClOuT: Enabling our legislators to
its members. support political platforms in favor of the industry
to promote & maintain a high standard of conduct in the FREE DIRECTORY lIsTING: on our website and in our
transacting of the yacht brokerage business in accordance printed membership directory published each year and
with the FyBa code of Ethics. distributed at major events
MONTHlY NEWslETTER: with regularly available legal
MEMBERsHIP REQuIREMENTs and brokerage advice distributed to members, media
and community leaders
• Professional Members must be Licensed and
bonded by the state of Florida under the yacht NETWORkING OPPORTuNITIEs: to build strategic
and ship Brokers act.
COMPETITIVE EDGE: Educational seminars to keep the
• Charter Professional Membership Class is for brokers advised and current
individuals and companies directly related to the
COMMuNITY INVOlVEMENT: By way of goodwill events
charter yacht industry. sponsored by the association
• Affiliate Membership Class is for individuals and MEMBER REFERRAls: through website inquiries
companies directly related to the yacht brokerage
MARkETING THE MEMBERsHIP: Positioning the
industry. membership as experts in the industry
CuRRENT MEMBERsHIP: 1,100 Plus MEMBERs BENEFITs: Exclusive benefits and discounts for
while the majority of its membership is comprised of Florida
based brokers, there is also representation from prominent INFluENCE: Being a voice of the industry by way of
firms located throughout the world. the association
30 january/february 2011 | florida yacht brokers association | www.fyba.org
Florida Yacht Brokers Association (FYBA) Membership Information
PROFEssIONAl Professional active $200 ❑ Professional associate $75 ❑ support $25 ❑
CHARTER charter Professional active $200 ❑ charter associate $75 ❑
AFFIlIATE Affiliate Active $300 ❑ Affiliate Associate $75 ❑
First name M.i. Last name
company name Position
company address Fla. License no. ❑ Broker
Expiration date ❑ salesperson
city state Zip web site E-mail
Phone Fax type of Business
Home address city state Zip Home Phone
name Firm Phone sponsor signature
name Firm Phone sponsor signature
Firm contact name Phone
Firm contact name Phone
Have you been engaged continuously in the business since? ❑ yes ❑ no
if not, during what years were you in business?
Highest level of education First entered yacht brokerage business (date/firm)
List any firms previously associated with in what other business have you been engaged?
Active Professional Federal id# Fl. sales tax# city occupational License
institution in which you maintain your escrow/trust account List branch/franchise office, addresses & manager’s name
If a Corp./Partn., list officers, partners, & stockholders State names of any salespersons associated with you
name Position name name
name Position name name
do you currently represent any new boat manufacturer? ❑ yes ❑ no Percentage of new
if yes, list manufacturers: sales vs. brokerage
How did you hear about the FyBa?
i agree that, if approved for membership to the Florida yacht Brokers association, inc.,
check for $ ________ enclosed payable to FyBa
to abide by the By-Laws and code of Ethics of the association, a copy which i have read.
P.o. Box 460044, Ft. Lauderdale, FL 33346
Phone: 954-522-9270 | Fax: 954-764-0697
E-mail: firstname.lastname@example.org • www.fyba.org
applicant’s signature date
florida yacht brokers association | www.fyba.org | january/february 2011 31
We’ll be in Booths 34-35, Ramp 15
along Collins Avenue
email@example.com • www.fyba.org