Florida Statutes

Title XXXIII Regulation Of Trade, Commerce, Investments, And Solicitations

Chapter 498 Land Sales Practices

  • 498.001   Short title.
    This chapter may be cited as the "Florida Uniform Land Sales Practices Law." History.--s. 1, ch. 63-129; s. 1, ch. 67-229; s. 3, ch. 76-168;...
  • 498.003   Legislative intent.
    (1)  The Legislature expressly recognizes that the disposition of any interest in subdivided lands has a vital impact on Florida's economy and that such land sales...
  • 498.005   Definitions.
    As used in this chapter, unless the context otherwise requires, the term: (1)  "Advertising" means the publication of or the causing to be published of any...
  • 498.007   General powers and duties.
    (1)  The division has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to administer the provisions of this act. (2)  If it appears that a...
  • 498.009   Offices.
    (1)  The executive offices of the division shall be established and maintained in Tallahassee. (2)  The division may establish and maintain branch offices. History.--s. 6, ch. 63-129;...
  • 498.011   Payment of per diem, mileage, and other expenses to division employees.
    The amount of per diem and mileage and expense money paid to employees shall be as provided in s. 112.061, except that the division shall...
  • 498.013   Seal and authentication of records.
    The division shall adopt a seal by which it shall authenticate its records. Copies of the records of the division, and certificates purporting to relate...
  • 498.017   Fees.
    The division shall charge fees as follows: (1)  A base fee of $450 per subdivision registration application plus a fee of $4 for each of the...
  • 498.019   Division of Florida Land Sales, Condominiums, and Mobile Homes Trust Fund.
    (1)  There is created within the State Treasury the Division of Florida Land Sales, Condominiums, and Mobile Homes Trust Fund to be used for the administration...
  • 498.021   Jurisdiction.
    The dispositions of subdivided lands are subject to this chapter, and the circuit courts of this state have jurisdiction in claims or causes of action...
  • 498.022   Jurisdiction over fraudulent acts.
    (1)  It shall be unlawful and a violation of this chapter for a person to offer or dispose of 5 or more lots, parcels, units, or...
  • 498.023   Prohibitions on dispositions of interests in subdivided lands.
    Unless the subdivided lands or the transaction is exempt pursuant to s. 498.025: (1)  No person shall, unless the person has a valid order of registration...
  • 498.024   Reservations.
    (1)  Notwithstanding s. 498.023, prior to filing an application for registration pursuant to s. 498.027, a subdivider may file an application for a reservation program which...
  • 498.025   Exemptions.
    (1)  Except as provided in s. 498.022, the provisions of this chapter do not apply to: (a)  The offer or disposition of an interest in subdivided lands...
  • 498.027   Application for registration.
    (1)  The application for registration of subdivided lands shall be filed as prescribed by the rules of the division and shall contain any of the following...
  • 498.028   Contracts and conveyance instruments.
    The contract for purchase of subdivided lands shall contain, and the subdivider shall comply with, the following provisions: (1)  The purchaser shall have an absolute right...
  • 498.029   Notice of filing and registration.
    (1)  Upon receipt of the application for registration in proper form, the division shall issue a notice of filing to the applicant. Within 30 days after...
  • 498.031   Inquiry and examination.
    (1)  Upon receipt of an application for registration in proper form and if subject to the provisions of s. 498.039, the division shall conduct an examination...
  • 498.033   Registration of subdivided lands.
    (1)  After an order of registration has been issued, the registrant shall comply with all obligations contained in the purchase contract, public offering statement, and registration...
  • 498.035   Advertising material.
    (1)  The division, by rule or order, may require the filing for approval of advertising material relating to subdivided lands prior to distribution of the material...
  • 498.037   Public offering statement.
    (1)  Any public offering statement shall disclose fully and accurately the physical characteristics of the subdivided lands and shall make known to prospective purchasers all unusual...
  • 498.039   Certain assurances or trust and escrow accounts required; reports required.
    (1)  The division shall require each registrant offering property subject to an encumbrance to establish and maintain an escrow account with an escrow agent in a...
  • 498.041   Annual renewal; termination of registration.
    (1)  Each registrant shall annually renew each order of registration it holds until the registration is revoked or terminated by the division. The annual renewal shall...
  • 498.047   Investigations.
    (1)  The division may: (a)  Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about...
  • 498.049   Suspension; revocation; civil penalties.
    (1)  The division may revoke or suspend a registration upon finding that the registrant has: (a)  Failed to comply with the terms of any written order of...
  • 498.051   Cease and desist orders.
    (1)  The division may issue an order requiring a person to cease and desist, and to take such affirmative action as will carry out the purpose...
  • 498.053   Notices to show cause.
    In addition to the authority of the division to issue a notice to show cause pursuant to other sections of this chapter or pursuant to...
  • 498.057   Service of process.
    (1)  In addition to the methods of service provided for in the Florida Rules of Civil Procedure and the Florida Statutes, service may be made by...
  • 498.059   Penalties.
    A person is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if she or...
  • 498.061   Civil remedy.
    (1)  Any subdivider who disposes of any interest in subdivided lands in violation of s. 498.023, or who in disposing of any interest falsifies a material...
  • 498.063   Saving clause.
    (1)  Any application for registration of subdivided lands for which the division has issued a notice of filing before the effective date of this act shall...