FLORIDA STATUTES
CHAPTER 498/021.022 
LAND SALES PRACTICES

              INDEX:
              498.001  Short title.
            498.003  Legislative intent.
            498.005  Definitions.
            498.007  General powers and duties.
            498.009  Offices.
            498.011  Payment of per diem, mileage, and other expenses to division employees.
            498.013  Seal and authentication of records.
            498.017  Fees.
            498.019  Division of Florida Land Sales, Condominiums, and Mobile Homes Trust Fund.
           498.021  Jurisdiction.
           498.022  Jurisdiction over fraudulent acts.
            498.023  Prohibitions on dispositions of interests in subdivided lands.
            498.024  Reservations.
            498.025  Exemptions.
            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.
            498.047  Investigations.
            498.049  Suspension; revocation; civil penalties.
            498.051  Cease and desist orders.
            498.053  Notices to show cause.
            498.057  Service of process.
            498.059  Penalties.
            498.061  Civil remedy.
            498.063  Saving clause. 



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 arising
                   under this law, if:
            (1)  The subdivided lands offered for disposition are located in this state.
            (2)  The subdivider's principal office or any salesperson or broker representing the
                   subdivider is located in this state.
            (3)  The offer or disposition of any interest in subdivided lands is made in this state, if
                   the offer originates or is accepted within this state or is directed by the offer or to a
                   person or place in this state.

            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.



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 interests in a subdivision, and to:
            (a)  Employ any device, scheme, or artifice to defraud.
            (b)  Obtain money or property by means of a false statement of a material fact, or the
                   failure to state a material fact which makes the statement misleading in light of the
                   circumstances and the context of the overall transaction, with respect to any
                   information pertinent to the transaction.
            (c)  Engage in any transaction, practice, or course of business which operates or would
                  operate as a fraud or deceit upon a purchaser.
            (d)  Make any false, fictitious, or fraudulent statement or representation, or make or use
                  any false writing or document knowing the same to contain any false, fictitious, or
                  fraudulent statement or entry.
            (e)  Falsify, conceal, or cover up, by any trick, scheme, or device, a material fact.
            (f)  Dispose of, conceal, or divert any funds or assets of any person so as to
                  substantially and adversely affect the interest of a purchaser.
            (2) Those persons qualifying for exemptions pursuant to s. 498.025 shall not be
                  exempt from the provisions of this section, and the division shall have the authority
                  to use any powers granted to it by this chapter to prevent, investigate, or punish
                  any violation of this section.
            (3) Any violation of the provisions of subsection (1) shall give to any purchaser of the
                 lots, units, or interests the same rights the purchasers would have under s. 498.061,
                 as if the lots, units, or interests were "subdivided lands" as defined in s. 498.005(21).
            (4) Notwithstanding any other provision of this chapter, the term "subdivision" or
                  "subdivided lands" as used in this section means any contiguous land which is
                  divided or is proposed to be divided for the purpose of disposition into 25 or more
                  lots, parcels, units, or interests and also includes any land, whether contiguous or
                  not, which is divided or proposed to be divided into 25 or more lots, parcels, units,
                  or interests which are offered as a part of a common promotional plan.

   (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 for the
                  subdivided lands:
            (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
                  disposition;
            (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
                   document.
            (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,
                          ch. 97-192.

            Note. --Former s. 478.23.