LAND SALES PRACTICES
498.001 Short title.
498.003 Legislative intent.
498.007 General powers and duties.
498.011 Payment of per diem, mileage, and other expenses to division employees.
498.013 Seal and authentication of records.
498.019 Division of Florida Land Sales, Condominiums, and Mobile Homes Trust Fund.
498.022 Jurisdiction over fraudulent acts.
498.023 Prohibitions on dispositions of interests in subdivided lands.
498.027 Application for registration.
498.028 Contracts and conveyance instruments.
498.029 Notice of filing and registration.
498.031 Inquiry and examination.
498.033 Registration of subdivided lands.
498.035 Advertising material.
498.037 Public offering statement.
498.039 Certain assurances or trust and escrow accounts required; reports required.
498.041 Annual renewal; termination of registration.
498.049 Suspension; revocation; civil penalties.
498.051 Cease and desist orders.
498.053 Notices to show cause.
498.057 Service of process.
498.061 Civil remedy.
498.063 Saving clause.
History.--s. 24, ch. 67-229; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 11,
30, 32, ch. 79-347;
ss. 2, 3, ch. 81-318; ss. 9, 33, 34, ch. 88-90; s. 4, ch. 91-429; s. 571, ch.97-103.
Note.--Former s. 478.27.
(5) Any willful violation of the provisions
of subsection (1) shall be a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--ss. 10, 34, ch. 88-90; s. 4, ch. 91-429; s. 2, ch. 93-190; s.
5, ch. 97-192.
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
(a) Offer or dispose of, or participate in an offer or disposition of, any interest in
subdivided lands located in this state;
(b) Offer or dispose of, or participate in an offer or disposition of, any interest in
subdivided lands located outside this state to persons in this state;
(c) Participate within this state in an offer or disposition of any interest in subdivided
lands located outside this state to persons located outside this state.
(2) No person may dispose of, or participate in the disposition of, any interest in
subdivided lands unless:
(a) A current public offering statement is delivered to the purchaser prior to the
(b) The purchaser is afforded a reasonable opportunity to examine the public offering
statement prior to the disposition; and
(c) The contract and public offering statement authorize the purchaser to cancel the
agreement without cause until midnight of the seventh business day after he or she
executes the contract.
(d) The public offering statement, contract, note, mortgage, deed, or other sales
documents, delivered to the purchaser, are in the language in which the sales
campaign is conducted, unless an accurate translation is attached to the
(3) When the principal solicitation of the disposition is by long-distance telephone, no
person may dispose of, or participate in the disposition of, any interest in
subdivided lands unless:
(a) The prospective purchaser is given an unconditional 30-day refund privilege
extending from the time the fully executed agreement to purchase is received
by the purchaser;
(b) The subdivider includes this unconditional refund privilege in the agreement to
purchase and in the public offering statement;
(c) Prior to the execution of the agreement by the purchaser, the subdivider furnishes
the prospective purchaser by mail or personal delivery an approved synopsis of the
sales script and a current public offering statement, and the purchaser certifies in
writing to the receipt thereof; and
(d) One of the following takes place subsequent to the solicitation of the disposition
by long-distance telephone:
1. The prospective purchaser personally inspects the property before executing the
agreement to purchase and so certifies in writing; or
2. The prospective purchaser executes an agreement to purchase which expressly
provides that the purchaser or purchaser's agent has 6 months from the date the
purchaser received the fully executed agreement to purchase in which to take a
subdivider-guided personal inspection of the subdivided lands, and, at that time, if
the purchaser is not satisfied with his or her purchase and the agreement to
purchase is not in default, the purchaser may request in writing a refund of all
moneys paid in under the agreement to purchase, and shall be entitled to the
refund, even though the afore said 30-day period has expired. The agreement to
purchase shall also provide that the subdivider must make available a guided
personal inspection of the subdivision upon request by the purchaser and that the
purchaser may request, and shall be entitled to, the refund if the subdivider fails to
make the inspection available.
(4) No person may offer or dispose of, or participate in an offering or disposition of,
any evidence of indebtedness secured by a mortgage or deed of trust of any
interest in subdivided lands through any means of advertising unless the offering is
registered with and approved by the division. This subsection does not apply to the
offer or disposition of evidences of indebtednesses which are offered to not more
than 20 purchasers; however, a person shall only avail himself or herself of this
exemption one time within any 12-month period. This subsection does not apply
to the bona fide sale, transfer, or delivery of evidences of indebtednesses by or to
a bank, savings and loan association, trust company, insurance company, or real
estate investment trust.
History.-s. 20, ch. 67-229; s. 6, ch. 69-393; s. 131, ch. 71-355; s. 1,
ch. 73-175; s. 1, ch.
73-178; s. 3, ch. 76-168; ss. 2, 18, ch. 76-262; s. 1, ch. 77-457; ss. 12, 30, 32,
ch. 79-347; ss. 4, 21, ch. 81-177; ss. 2, 3, ch. 81-318; s. 3, ch. 83-265; ss. 11,
33, 34, ch. 88-90; s. 35, ch. 91-220; s. 4, ch. 91-429; s. 572, ch. 97-103; s. 6,
Note. --Former s. 478.23.