The Florida Senate

721.20  Licensing requirements; suspension or revocation of license; exceptions to applicability; collection of advance fees for listings unlawful.--

(1)  Any seller of a timeshare plan must be a licensed real estate salesperson, broker, or broker-salesperson as defined in s. 475.01, except as provided in s. 475.011. Solicitors licensed under the provisions of paragraph (2)(a) who engage only in the solicitation of prospective purchasers, and purchasers engaging in solicitation activities as described in paragraph (2)(e), are exempt from the provisions of chapter 475.

(2)(a)  Pursuant to rules adopted by the division, each off-premises solicitor or other person who engages in the solicitation of prospective purchasers of units in a timeshare plan must purchase a timeshare occupational license for a fee of $100. The license shall be issued to the solicitor for a 2-year period and shall expire on the second anniversary of the date of issuance. Sellers of a timeshare plan who are licensed and in good standing under chapter 475 shall be exempt from licensure under this subsection upon filing proof of such licensure and good standing with the division prior to engaging in any solicitation activity. However, the division may deny, suspend, or revoke the exemption of such seller when the license issued under chapter 475 has been suspended or revoked.

(b)  It is unlawful for any person to solicit prospective purchasers of a timeshare plan without first having secured a timeshare occupational license and having paid the occupational license fee; however, an applicant who has completed and filed an application for a timeshare occupational license and who has paid the required occupational license fee may solicit prospective purchasers of a timeshare plan pursuant to this section pending approval or denial of his or her application by the division.

(c)  Prior to issuing an occupational license to an applicant, the division shall receive an application, on forms designed by the division, containing such pertinent background information as is necessary to properly identify the applicant; however, the fingerprinting of applicants is not required.

(d)  The division may deny, suspend, or revoke any occupational license when the applicant or holder thereof has violated the provisions of chapter 468, chapter 718, chapter 719, this chapter, or the rules of the division governing timesharing, or when the holder of a license issued pursuant to chapter 475 has had his or her license suspended or revoked. If any occupational license expires by division rule while administrative charges are pending against the license, the proceedings against the license shall continue to conclusion as if the license were still in effect. In addition to those remedies available against the developer, the division may impose against an applicant or licensed solicitor a civil fine of up to $500 in addition to, or in lieu of, a suspension or revocation provided for in this section for violation of the rules of the division.

(e)  Any purchaser who refers no more than 20 people to a developer per year or who otherwise provides testimonials on behalf of a developer shall not be subject to licensure under the provisions of paragraph (a).

(f)  The division may require up to 2 hours of continuing education annually as a condition of renewal of an occupational license.

(3)  This section does not apply to those individuals who offer for sale only timeshare periods in timeshare property located outside this state and who do not engage in any sales activity within this state or to timeshare plans which are registered with the Securities and Exchange Commission. For the purposes of this section, both timeshare licenses and timeshare estates are considered to be interests in real property.

(4)  Notwithstanding the provisions of s. 475.452, it is unlawful for any broker, salesperson, or broker-salesperson to collect any advance fee for the listing of any timeshare estate or timeshare license.

History.--s. 1, ch. 81-172; s. 19, ch. 83-264; s. 7, ch. 84-256; s. 56, ch. 85-62; s. 6, ch. 87-343; s. 10, ch. 93-58; s. 14, ch. 95-274; s. 903, ch. 97-102.