Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 326.005 - Full Text and Legal Analysis Florida Statute 326.005 | Lawyer Caselaw & Research
Fla. Stat. § 326.005 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
326.005 Escrow depository, closing transactions.
(1) A broker shall place any funds received pursuant to a transaction into a trust account in a savings and loan association, bank, trust company, or other financial institution located in this state having a net worth in excess of $5 million until he or she disburses such funds. A separate record shall be maintained of all such moneys received and the disposition thereof.
(2) At the closing of a transaction in which title to a yacht is transferred, a broker shall provide the seller and purchaser with an itemized closing statement, including the selling price and all charges and credits, a description of any yachts exchanged, and the amount of any consideration. If the transaction is closed through escrow and the escrow holder renders a closing statement which reveals such information, that shall be deemed compliance with this subsection on the part of the licensed broker.
(3) A broker who intentionally fails to comply with the provisions of this section concerning the establishment of a trust account, deposits of funds into a trust account, and withdrawal therefrom, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The failure to establish a trust account or to place funds therein as required in this section is prima facie evidence of an intentional and purposeful violation of this section.
History.ss. 5, 7, ch. 88-282; s. 5, ch. 89-128; s. 4, ch. 91-429; s. 448, ch. 95-148.

Arrestable Offenses under F.S. 326.005

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§326.005(3)EMBEZZLESHIP BROKER FAIL ESTABLISH USE TRUST ACCOUNTF · 3rd
§326.005EMBEZZLESHIP BROKER FAIL ESTABLISH USE TRUST ACCOUNTF · 3rd

Cases Citing F.S. 326.005

Copy

·In Re MacK Props., Inc., 381 B.R. 793 (Bankr. M.D. Fla. 2007).

Cited 11 times | Published | United States Bankruptcy Court, M.D. Florida | 21 Fla. L. Weekly Fed. B 608, 2007 Bankr. LEXIS 4481, 2007 WL 4878915

the imperative "shall" rather than "may" in Section 326.[5]Jama v. Immigration *798 and Customs Enforcement
0 red1 yellow5 green0 procedural
Cited "but see"In re King (2016)
phrase: "but see"
Cited as authority(citing case) (2017)
phrase: "rule_authority"
Cited as authority(citing case) (2012)
phrase: "rule_authority"
Copy

·St. Andrews Park, Inc. v. United States Dep't of the Army Corps of Engineers, 314 F. Supp. 2d 1238 (S.D. Fla. 2004).

Cited 5 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 6902, 2004 WL 853310

monetary penalties. See U.S.C. § 1319(b); 33 C.F.R. § 326.5; see also Banks, 768 F.Supp. at 811; Inn of Daphne
0 red0 yellow4 green0 procedural
Cited as authority(citing case) (2014)
phrase: "rule_authority"
Cited as authority(citing case) (2013)
phrase: "rule_authority"
Cited as authority(citing case) (2011)
phrase: "rule_authority"
Copy

·Ctr. for a Sustainable Coast v. U.S. Army Corps of Engineers (11th Cir. 2024).

Published | Court of Appeals for the Eleventh Circuit

Argued: Jun 29, 2023

or other relief as appropriate.” Id. § 326.5(a). “Appropriate cases for criminal or civil
0 red0 yellow2 green0 procedural
Cited as authoritySantiago (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2024)
phrase: "rule_authority"

This Florida statute resource is curated by this site's author, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.