January 18, 2019
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The Florida Statutes

The 2007 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 498
LAND SALES PRACTICES
View Entire Chapter
Section 498.007, Florida Statutes 2007

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 person has violated or is about to violate a provision of this chapter or a division rule or order, the division, with or without prior administrative proceedings, may bring an action in the circuit court to enjoin the violation and to enforce compliance with this chapter or any division rule or order. Upon proper showing, injunctive relief or temporary restraining orders shall be granted, and a receiver or conservator may be appointed. If appointed, the receiver or conservator may take action to implement the provisions of the court order, to ensure the performance of the order, and to remedy any breach thereof. In addition to all other means provided by law for the enforcement of an injunction or temporary restraining order, the circuit court may impound or sequester the property of a party defendant, including books, papers, documents, and records pertaining thereto, and allow the examination and use of said property by the division and a court-appointed receiver or conservator. The division is not required to post a bond in any court proceedings. Venue for actions or proceedings brought pursuant to this subsection may be laid in any county where the venue is proper under chapter 47 or in Leon County.

(3)  In addition to any remedy provided by this chapter, the division may:

(a)  Apply to the circuit court for an order of restitution whereby the defendant in an action brought pursuant to subsection (2) shall be ordered to make restitution of those sums shown by the division to have been obtained by the defendant in violation of any of the provisions of this chapter. Such restitution shall, at the option of the court, be payable to the conservator or receiver appointed pursuant to subsection (2) or directly to the persons whose funds or assets were obtained in violation of this chapter.

(b)  Seek the imposition of a civil penalty through the circuit court for any violation for which the division may issue a notice to show cause under s. 498.053. The civil penalty shall be no less than $500 and no more than $10,000 for each violation. The court may also award to the prevailing party court costs and reasonable attorney's fees and, in the event the division prevails, may also award reasonable costs of investigation.

(4)  The division may intervene in any suit involving subdivided lands. In any suit by or against a subdivider involving subdivided lands, the subdivider shall promptly furnish the division a copy of the complaint and, if requested by the division, copies of all pleadings.

(5)  The division may:

(a)  Accept registrations, property reports, or similar disclosure documents filed in other states or with the Federal Government, notwithstanding the requirements of s. 498.037; and may suspend or revoke any registration under this chapter that includes any registration, property report, or similar disclosure document accepted under this subsection if the registration, property report, or similar disclosure is suspended or revoked by the registering state or by the Federal Government;

(b)  Contract with agencies in this state or other jurisdictions to perform investigative functions; or

(c)  Accept grants-in-aid from any source.

(6)  The division shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, public offering statements, advertising standards, and rules and common administrative practices.

(7)  The division shall adopt uniform accounting principles, policies, and standards by rule, to be used by all applicants for and holders of registrations of subdivided lands in the preparation of all financial statements required by this chapter.

(8)  Notice to a subdivider shall be complete when delivered to the subdivider's address currently on file with the division.

(9)  Notwithstanding any provision of this chapter or any division rule, the division shall not take adverse action with regard to any document filed by any person with regard to subdivided lands solely because the document is not on a division form, if adequate information is provided.

History.--s. 4, ch. 63-129; s. 4, ch. 67-229; s. 2, ch. 71-98; s. 1, ch. 72-378; s. 2, ch. 73-108; s. 3, ch. 76-168; ss. 4, 5, ch. 76-262; s. 1, ch. 77-174; s. 1, ch. 77-457; s. 9, ch. 78-95; ss. 4, 30, 32, ch. 79-347; ss. 2, 21, ch. 81-177; ss. 2, 3, ch. 81-318; s. 3, ch. 83-265; ss. 4, 33, 34, ch. 88-90; s. 4, ch. 91-429; s. 2, ch. 97-192; s. 169, ch. 98-200.

Note.--Former s. 478.041.

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