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BILL: CS/CS/SB’s 2086 & 2498

Page 10

subdivision. It also provides a fee of $2 for each additional lot, parcel, unit, or interest. Each registration may be renewed annually with a base fee of $300.

Regarding the regulation of land sales practices and the division’s responsibilities under ch. 498, F.S., the division has reported:

Currently, most sellers are either exempt or are under the jurisdiction of the federal Interstate Land Sales Act15 regulated by [the U.S. Department of Housing and Urban Development]. Few Florida sellers restrict themselves to only offering subdivided land intrastate. The same is true of the re-sale of subdivided land with many of the offerings being made on the Internet. The division has seen a steady decline in new Florida subdivisions being registered since the passage of the laws requiring county comprehensive plans. Counties now require that the necessary infrastructure be in place in new subdivisions prior to final county approval and counties now require that assurances, e.g. bonds or letters of credit, be posted to assure completion of infrastructure—heretofore a responsibility of the division under Chapter 498, F.S. Currently, the division (LSC) holds no bonds or letters of credit assuring the completion of subdivision infrastructure. During fiscal year 2006-2007, and in the year to date through 12/31/2007, three (3) sellers have registered with the division lots in six (6) Florida subdivisions. Three (3) sellers have registered eleven (11) out-of-state subdivisions. Only one (1) seller has registered a new in-state subdivision, an RV park. 16

The department states that The “need for state regulation of the land sales industry is reduced due in part by increased regulation of new developments by local government and the federal regulation of interstate land sales.”

Farm Labor Contractor Registration Section 450.30, F.S., requires that a person must obtain a certificate of registration with the department before acting as a farm labor contractor. Section 450.28(1), F.S., defines the term “farm labor contractor” to mean:

(a) Any person who, for a fee or other valuable consideration, recruits, transports into or within the state, supplies, or hires at any one time in any calendar year one or more farm workers to work for, or under the direction, supervision, or control of, a third person; or (b) Any person who recruits, transports into or within the state, supplies, or hires at any one time in any calendar year one or more farm workers and who, for a fee or other valuable consideration, directs, supervises, or controls all or any part of the work of such workers.

15 See 15 U.S.C. 1701 et seq. The Interstate Land Sales Full Disclosure Act was enacted in 1968. It requires land developers to register subdivisions of 100 or more non-exempt lots with HUD and to provide each purchaser with a disclosure document called a “Property Report.” Information about the act is available at the Internet site for HUD located at: http://www.hud.gov/offices/hsg/sfh/ils/ilshome.cfm (last visited March 20, 2008).

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Department of Business and Professional Regulation 2008 Legislative Analysis of SB 2498.

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