475 Florida Statues Flashcards
Purpose
The Legislature deems it necessary in the interest of the public welfare to regulate real estate brokers, sales associates, and schools in this state.
Knowledge of laws involved: The Uniform Commercial Code F.S. 672 and Uniform Commercial Code 476 are involved with the sale and transfer of personal property. This body of laws tries to make uniform throughout the country commercial transactions, personal property transactions, chattels and commercial loan papers.
Knowledge of laws involved: The Uniform Commercial Code F.S. 672 and Uniform Commercial Code 476 are involved with the sale and transfer of personal property. This body of laws tries to make uniform throughout the country commercial transactions, personal property transactions, chattels and commercial loan papers.
Florida Statute 196.131(2) provides that “any person who knowingly and willfully gives false information for the purpose of claiming homestead exemption is guilty of a misdemeanor of the first degree, punishable by a term of imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.” Florida law also states that if it is determined that you have had homestead exemption in the past to which you were not entitled, a lien is placed against your property for the amount of the exemption, plus 50% penalty, plus 15% interest per annum for each year during which the exemption was fraudulent. Statutes allow the lien to be placed retroactively for up to 10 years.
Homestead Fraud
Florida taxes are due and payable
ovember 1st each year and they are delinquent if not paid by April 1st of the following year.
Unpaid taxes become a
tax certificate which is offered to the public for sale at auction with bids opening at 18% and going down. The successful bidder is the one who is willing to accept the lowest interest rate on the loan. The certificates are held by the bidder for two years before the bidder can begin foreclosure.
sale of real estate may result in capital gains taxes
To determine if gain is taxable, these three items must apply:
It is a residence and you owned the home for at least two years
You have lived in the home as the main home for at least two of the past five years
You have not sold more than one home in the past 24 months.
If the owner meets these tests, he is entitled to a $250,000 exclusion as a single person or $500,000 as a couple filing jointly. This is no longer a one-time exclusion, nor is it limited to those 55 and older.
There are additional benefits if the property has been sold because of health (such as moving into a nursing home). For more information go to
Florida’s Growth Management Act of 2011
encourage compact development and limit urban sprawl.All local comprehensive plans put land into zones; and
Infrastructure (such as city streets, water services, fire services and sewer management) will be in place concurrently with land development.
The concurrent provision of this act means that planning has to be done before development occurs. This will insure citizens will have proper police inspection and fire protection for their homes.
In addition to the above provisions, each city and county must establish a local planning agency, made up of local citizens with no professional training in planning. These individuals are appointed and serve in an advisory capacity.
Commercial zoning
is designed to control the intensity of business
Developments of Regional Impact:
A “development of regional impact” or DRI is defined as any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of the citizens of more than one (1) county.
Septic Systems
Onsite Sewage Treatment and Disposal System or OSTDS. “It is declared to be the public policy of this state to conserve the waters of the state and to protect, maintain, and improve the quality thereof for public water supplies, for the propagation of wildlife and fish and other aquatic life, and for domestic, agricultural, industrial, recreational, and other beneficial uses and to provide that no waste be discharged into any waters of the state without first being given the degree of treatment necessary to protect the beneficial uses of such water.” –Florida Statute 403.021(2). This requires strict regulation in providing Septic Permits and requiring inspections and replacements at certain intervals. In Florida, the Bureau of Onsite Sewage Programs in the Florida Department of Health (FDOH) and the environmental health section of the County Health Departments regulate the use of OSTDSs.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
The objective of CERCLA is to clean up uncontrolled releases of specified hazardous substances. A 1980 law commonly known as Superfund authorizes the EPA to respond to releases, or threatened releases, of hazardous substances that may endanger public health, welfare, or the environment. CERCLA also enables EPA to force parties responsible for environmental contamination to clean it up or to reimburse the Superfund for response or remediation costs incurred by EPA. The Department of Energy requires specific disclosures and reporting when any Federal site is transferred to the public per CERCLA section 120.
