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BILL: CS/CS/SB’s 2086 & 2498

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Professional Regulation.11 The department is created in s. 20.165, F.S., and has 10 divisions.12 Chapter 455, F.S., provides the general powers of the department and sets forth the procedural and administrative framework for all of the professional boards housed under the department, specifically the Divisions of Certified Public Accounting, Professions, Real Estate, and Regulation.

In addition to administering the professional boards, the department processes applications for licensure and license renewal. The department also receives and investigates complaints made against licensees and, if necessary, brings administrative charges.

The Division of Florida Land Sales, Condominiums, and Mobile Homes (division) is created by s. 20.165(2)(d), F.S. The division administers the provisions of ch. 498, F.S., relating to land sale practices, ch. 718, F.S., relating to condominiums, ch. 719, F.S., relating to cooperatives, ch. 721, F.S., relating to vacation plans and timesharing, and ch. 723, F.S., relating to mobile homes. The division also conducts mediation for certain homeowners’ association disputes under ch. 720, F.S.

Land Sales Practices Chapter 498, F.S., provides for the administration of the provisions of Florida’s Uniform Land Sales Practices Act by the division. Chapter 498, F.S., regulates the offer and disposition of subdivided lands to the public. This registration program is designed to protect consumers from fraud and abuse in the sale or lease of vacant subdivided lands.13 Primary funding for the program is provided by the collection of an annual renewal fee from each subdivider who has been issued a license to sell subdivided lands. 14

Section 498.005(20), F.S., defines the term “subdivider” to mean “a person who owns any interest in subdivided lands or is engaged in the disposition of subdivided lands either directly, indirectly, or through the services of an employee, agent, or independent contractor.”

Section 498.005(21), F.S., defines the terms “subdivision” or “subdivided lands” to mean:

(a) Any contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, parcels, units, or interests; or (b) Any land, whether contiguous or not, which is divided or proposed to be divided into 50 or more lots, parcels, units, or interests which are offered as a part of a common promotional plan.

Section 498.023, F.S., prohibits the sale of subdivided lands without first registering with the division. Section 498.017, F.S., sets a registration base fee of $450 per subdivision registration application plus a fee of $4 for each of the first 2,000 lots, parcels, units, or interests in the

11 12 Chapter 93-220, L.O.F. Section 20.165, F.S., creates the following divisions in the DBPR: (1) Administration; (2) Alcoholic Beverages and Tobacco; (3) Certified Public Accounting; (4) Florida Land Sales, Condominiums, and Mobile Homes; (5) Hotels and Restaurants; (6) Pari-mutuel Wagering; (7) Professions; (8) Real Estate; (9) Regulation; and (10) Technology, Licensure, and Testing. See s. 498.003, F.S. See s. 498.017, F.S. 13 14

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