Division of Administrative Hearings, Florida
Filed: Sep. 30, 1996
The issues in this case are whether Respondents violated Sections 498.023(1)(a), 498.023(2)(a), 498.035(1), and 498.049(5), Florida Statutes (1997), and Florida Administrative Code Rule 61B-9.003(1), by participating in the offer or disposition of subdivided lands that are neither exempt, registered, nor approved for the taking of reservation deposits, by failing to deliver a current public offering statement to each purchaser, and by disseminating advertising materials prior to filing for approval by Petitioner for the subdivided lands and what, if any, penalty should be imposed. (All references to chapters and sections are to Florida Statutes (1997) unless otherwise stated. Unless otherwise stated, all references to rules are to rules promulgated in the Florida Administrative Code in effect as of the date of this Recommended Order.)Petitioner failed to show that father of two sons who developed mobile home park was subdivider, participated in offer or disposition of an interest in land, or otherwise acted in any capacity other than that of a creditor or limited partner.
