March 26, 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 498.049, Florida Statutes 2007

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 the division;

(b)  Been convicted in any court subsequent to the filing of the application for registration of a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions or has forfeited a bond when charged with such a crime;

(c)  Disposed of, concealed, or diverted any funds or assets of any person so as to adversely affect the interest of a purchaser of any interest in subdivided land;

(d)  Failed to substantially comply with any written agreement made with the division;

(e)  Made intentional misrepresentations or knowingly concealed material facts in any written communication with the division; or

(f)  Failed to meet the requirements of s. 498.031(1).

(2)  Findings of fact shall be accompanied by a concise and explicit statement of the underlying factual basis.

(3)  The division may issue a cease and desist order as an alternative to revocation or suspension.

(4)  The division may, by order, impose civil penalties against any person for violations of this chapter or relevant rules. The imposition of a civil penalty shall not preclude the use of any other appropriate remedy authorized by this chapter.

(5)  Each person who materially participates in any offer or disposition of any interest in subdivided lands in violation of this chapter or relevant rules involving fraud, deception, false pretenses, misrepresentation, or false advertising or the disposition, concealment, or diversion of any funds or assets of any person which adversely affects the interests of a purchaser of any interest in subdivided lands, and who directly or indirectly controls a subdivider or is a general partner, officer, director, agent, or employee of a subdivider shall also be liable under this subsection jointly and severally with and to the same extent as the subdivider, unless that person did not know, and in the exercise of reasonable care could not have known, of the existence of the facts creating the alleged liability. Among these persons a right of contribution shall exist, except that a creditor of a subdivider shall not be jointly and severally liable unless the creditor has assumed managerial or fiduciary responsibility in a manner related to the basis for the liability of the subdivider under this subsection. Civil penalties shall be limited to $10,000 for each offense, and all amounts collected shall be deposited with the Chief Financial Officer to the credit of the Division of Florida Land Sales, Condominiums, and Mobile Homes Trust Fund. No order requiring the payment of a civil penalty shall become effective until 20 days after the date of the order, unless otherwise agreed in writing by the person on whom the penalty is imposed.

(6)  If the division finds, after notice and hearing, that the registrant has been guilty of a violation for which revocation or suspension could be ordered, it may require the registrant to record any agreements for deed necessary for the protection of the interests of contract purchasers.

(7)  If the division finds, after notice and hearing, that the registrant has engaged in repeated instances of deceptive, misleading, or fraudulent practices in the disposition of subdivided lands by long-distance telephone, the division may prohibit the registrant from engaging in further dispositions of subdivided lands by solicitations or offers by long-distance telephone.

History.--s. 16, ch. 63-129; s. 15, ch. 67-229; s. 2, ch. 71-98; s. 1, ch. 72-365; s. 3, ch. 76-168; s. 11, ch. 76-262; s. 1, ch. 77-457; s. 9, ch. 78-95; ss. 24, 30, 32, ch. 79-347; ss. 3, 7, ch. 81-172; ss. 16, 21, ch. 81-177; ss. 2, 3, ch. 81-318; s. 3, ch. 83-265; s. 17, ch. 87-102; ss. 23, 33, 34, ch. 88-90; s. 4, ch. 91-429; s. 563, ch. 2003-261.

Note.--Former s. 478.161.

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