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The Florida Senate

2007 Florida Statutes

Section 498.051, Florida Statutes 2007

498.051  Cease and desist orders.--

(1)  The division may issue an order requiring a person to cease and desist, and to take such affirmative action as will carry out the purpose of this chapter, if the division determines that the person has:

(a)  Violated any provision of this chapter or any lawful order or rule of the division;

(b)  Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of any interest in subdivided lands;

(c)  Made any material change, alteration, or modification of the offering subsequent to the order of registration without obtaining prior written approval from the division, if such change, alteration, or modification is within the control of the registrant, or, if the change, alteration, or modification is not within the control of the registrant, failed to notify the division of the change within 7 days after its occurrence; or

(d)  Disposed of any interest in subdivided lands which have not been registered with the division.

(2)(a)  If the division makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, it may issue a temporary cease and desist order.

(b)  Prior to issuing the temporary cease and desist order, whenever possible, by telephone or otherwise, the division shall give notice of the proposal to issue a temporary cease and desist order to the person. Each temporary cease and desist order shall include in its terms a provision that, upon request, a hearing will be held in accordance with chapter 120 to determine whether or not it will become permanent.

(3)  The affirmative action to be taken by a person pursuant to an order authorized by subsection (1) may include, but is not limited to:

(a)  Notifying any purchaser of subdivided land who has a rescission right that he or she may elect to rescind the purchase transaction as provided by contract or by other provisions of this chapter; and

(b)  Establishing a trust or escrow account in a financial institution located within this state to assure the payment of refunds to those purchasers who elect to rescind, or to assure the conveyance of clear and marketable title to those purchasers who do not elect to rescind.

History.--s. 17, ch. 63-129; s. 16, ch. 67-229; s. 2, ch. 71-98; s. 3, ch. 76-168; s. 12, ch. 76-262; s. 1, ch. 77-457; s. 9, ch. 78-95; ss. 25, 30, 32, ch. 79-347; ss. 17, 21, ch. 81-177; ss. 2, 3, ch. 81-318; s. 3, ch. 83-265; ss. 24, 33, 34, ch. 88-90; s. 4, ch. 91-429; s. 580, ch. 97-103.

Note.--Former s. 478.171.