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 498.027, Florida Statutes 2007

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 documents and information required by the division:

(a)  If the subdivided lands offered for registration are located within this state, the application shall contain the following:

1.  A recorded or proposed plat which meets the criteria required by applicable law or ordinance and a showing of the relation of the subdivided lands to existing streets, roads, and other offsite improvements. If the plat is unrecorded, it shall be recorded prior to the issuance of the order of registration. Notwithstanding any applicable local ordinance, law, or regulation, no portion of a platted lot may be offered for registration or for disposition unless the registration application fully discloses that this may occur and appropriate disclosure acceptable to the division is made to prospective purchasers. This paragraph is not intended to supersede any local ordinance, law, or regulation that prohibits the disposition of less than a whole platted lot.

2.  If the lands are subdivided into lots, parcels, or units which are not required to be platted by local ordinance, special law, or general law of local application, a plat meeting the criteria prescribed in part I of chapter 177, and arrangements acceptable to the division shall be made for the perpetual maintenance of improvements included in the offering.

3.  Evidence that the following conditions and the requirements of the local governing body have been or will be met:

a.  Provisions are made for legal and physical access to each lot, parcel, or unit.

b.  A showing is made that the access street or road to, and all streets or roads within, the subdivided lands are or will be constructed to specifications adopted by the appropriate local governing body.

4.  Evidence that arrangements acceptable to the division have been made for the perpetual maintenance of improvements, including, but not limited to, streets or roads.

5.  A showing that the subdivided lands meet or will meet all requirements of the local governing bodies in effect on the date of registration, including requirements relating to public or private roads and streets, drainage, telephone and electric utilities, domestic water supply, and sanitary sewage disposal.

(b)  If the subdivided lands offered for registration are located outside this state, the application shall contain the following:

1.  A proposed or recorded plat which meets the requirements of applicable state or local law or ordinance, which, if unrecorded, shall be recorded prior to the disposition of any lands.

2.  A legal description of the lands, together with a map, showing the division proposed or made; the dimensions of the lots, parcels, and units; and the relationship of the subdivided lands to existing streets, roads, and other offsite improvements.


Notwithstanding any applicable local ordinance, law, or regulation, no portion of a platted lot may be offered for registration or for disposition unless the registration application fully discloses that this may occur and appropriate disclosure acceptable to the division is made to prospective purchasers. This paragraph is not intended to supersede any local ordinance, law, or regulation that prohibits the disposition of less than a whole platted lot.

3.  If no state or local law or ordinance for platting exists, a legal description of the subdivided lands, together with a map showing the existing or proposed dimensions of the lots, parcels, units, or interests and the relationship of the subdivided lands to existing streets, roads, and other offsite improvements.

4.  Evidence that the following conditions and the requirements of the local governing body have been or will be met:

a.  Provisions are made for legal and physical access to each lot, parcel, or unit.

b.  A showing is made that the access street or road to, and all streets or roads within, the subdivided lands are or will be constructed to specifications adopted by the appropriate local governing body.

5.  Evidence that arrangements acceptable to the division have been made for the perpetual maintenance of improvements, including, but not limited to, streets or roads.

6.  A showing that the subdivided lands meet or will meet all requirements of the appropriate local governing body in effect on the date of registration, including requirements relating to public or private roads and streets, drainage, telephone and electric utilities, domestic water supply, and sanitary sewage disposal.

(c)  Regardless of where the subdivided lands are located, the application shall contain the following:

1.  An irrevocable consent that, in noncriminal suits, proceedings, and actions growing out of any violation of this chapter or any rule or order of the division, the service on the division of any notice, process, or pleading authorized by the laws of this state shall be valid and binding as if due service had been made on the applicant.

2.  The states or jurisdictions in which an application for registration or similar document has been filed, and any adverse order, judgment, or decree entered in connection with the subdivided lands by the regulatory authorities in each jurisdiction or by any court.

3.  The applicant's name and address, the form, date, and jurisdiction of organization, and the address of each of its offices in this state.

4.  The name, home address, and principal occupation for the past 5 years of each director and officer of the applicant or of any person occupying a similar status or performing similar functions or any person who, in accordance with the rules of the division, is determined to be able to directly or indirectly control the operation of the business of the applicant; the name and home address of each shareholder holding a 10-percent-or-greater interest in the applicant, and the extent and nature of their interest in the applicant or the subdivided lands, as of a specified date within 30 days of the filing of the application.

5.  A statement, such as a title opinion of a licensed attorney who is not a salaried employee, officer, or director of the applicant or owner, or other evidence of title acceptable to the division, of the condition of the title to the subdivided lands, including encumbrances, as of a specified date within 30 days of the date of application.

6.  Copies of the instruments, acceptable to the division, which will be delivered to a purchaser showing her or his interest in the subdivided lands and of the contracts and other agreements which a purchaser will be required to agree to or sign.

7.  Copies of the instruments by which the interest in the subdivided lands was acquired and a statement of any lien or encumbrance upon the title and copies of the instruments creating the lien or encumbrance, if any, showing the recording data.

8.  If a lien or encumbrance exists which affects more than one lot, parcel, unit, or interest, a statement of the consequences for a purchaser of the subdivider's failure to discharge the lien or encumbrance and the steps, if any, taken to protect the purchaser if this occurs.

9.  Copies of instruments creating easements, restrictive covenants, or other encumbrances affecting the subdivided lands.

10.  A statement of the zoning and other governmental regulations affecting the use of the subdivided lands, and of any existing taxes and existing or proposed special taxes or assessments which affect the subdivided lands.

11.  A statement of the existing provisions for legal and physical access; a statement of the existing or proposed provisions for sewage disposal and potable water; a statement of other public utilities available in the subdivision; a statement of the improvements to be installed and the schedule for their completion, which may not be more than 4 years from the date of the issuance of the order of registration for roads and drainage and for other improvements in accordance with a development agreement pursuant to ss. 163.3220-163.3243; and a statement as to the provisions for perpetual maintenance of these improvements.

12.  A narrative description of the promotional plan for the disposition of the subdivided lands together with copies of any proposed advertising material.

13.  The proposed public offering statement.

14.  Any other information which the division by its rules requires for the protection of purchasers.

15.  Notice of any local or state land use regulation or plan, and of any moratorium, the duration of which is 180 days or more, imposed by executive order, law, ordinance, regulation, or proclamation adopted by any governmental body or agency which prohibits or restricts the development or improvement of property not otherwise prohibited or restricted by applicable law, and the effect on the proposed use of the property.

(2)  If the subdivided lands, in whole or in part, are subject to the permit requirements of chapter 253, chapter 373, chapter 380, or chapter 403, or the certification requirements of the Federal Water Pollution Control Act, Pub. L. No. 92-500, or the environmental laws of another state, prior to the entry of an order of registration, the subdivider shall furnish satisfactory evidence that either waivers of jurisdiction have been issued or all required permits and approvals, or all required conceptual permits or conceptual approvals, have been obtained. Extensions of these permits shall be governed by the provisions of the relevant chapter. The subdivider shall notify the division within 7 days of the revocation or suspension of any permit. Within 60 days of this notice the division may issue a notice to show cause and, upon request, provide for a hearing in accordance with the provisions of chapter 120. As an alternative to required waivers, approvals, or permits, the division may accept one of the following:

(a)  If required, a development-of-regional-impact review for the subdivision, prepared pursuant to chapter 380, and a resulting development order; and a legal opinion from a member of The Florida Bar listing all permits required to complete the project, a list of all permits that have been issued, and a list of permits that have not been issued with the reasons why they have not been obtained.

(b)  If a development-of-regional-impact review is not required, copies of all required permits that have been obtained and a legal opinion from an attorney authorized to practice in the state where the subdivided land is located, listing all required permits which have not been obtained and stating the reasons why those permits have not been obtained. The attorney's opinion shall include the factual basis upon which it was rendered and any supporting documentation. When applicable to permit issues, the legal opinion shall incorporate and be based upon an affidavit prepared by a registered professional engineer licensed in the state where the subdivided lands are located. The engineer's affidavit shall be based upon an onsite inspection of the project and shall be supported by appropriate information contained in the filing for registration. A detailed explanation shall be given of the plans for the project, the current physical condition of the property, questions of agency jurisdiction, and other matters of fact or law which bear on the question of jurisdiction, issuance, or denial of the permits. The portion of the legal opinion relating to water and sewage system permits shall be based upon the affidavit of a registered professional engineer licensed in the state where the subdivided lands are located and experienced in water and wastewater systems.

(3)  An application for registration shall be accompanied by the application fee established in s. 498.017.

(4)  If a subdivider registers additional subdivided lands to be offered for disposition, she or he may consolidate the subsequent registration with any earlier registration offering subdivided lands for disposition under the same promotional plan, if the subsequent registration is contiguous to the earlier registration or is part of the same master plan.

History.--s. 12, ch. 63-129; s. 11, ch. 67-229, s. 2, ch. 69-393; s. 2, ch. 71-98; s. 1, ch. 73-51; s. 1, ch. 73-52; ss. 1, 2, 4, ch. 73-348; s. 1, ch. 74-179; s. 3, ch. 76-168; ss. 8, 9, 10, ch. 76-262; s. 177, ch. 77-104; s. 1, ch. 77-174; s. 1, ch. 77-457; s. 4, ch. 78-366; ss. 15, 30, 32, ch. 79-347; ss. 7, 21, ch. 81-177; s. 380, ch. 81-259; ss. 2, 3, ch. 81-318; s. 3, ch. 83-265; ss. 14, 33, 34, ch. 88-90; s. 4, ch. 91-429; s. 4, ch. 93-190; s. 574, ch. 97-103; s. 9, ch. 97-192.

Note.--Former s. 478.121(1).

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