House Bill 2015

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    Florida House of Representatives - 2000                HB 2015

        By the Committee on Real Property & Probate and
    Representative Goodlette





  1                      A bill to be entitled

  2         An act relating to limerock mining; amending s.

  3         373.4149, F.S., relating to the Miami-Dade

  4         County Lake Belt Plan; revising description of

  5         land included in the Miami-Dade County Lake

  6         Belt Area; requiring Miami-Dade County to file

  7         for recording a certificate from a

  8         Florida-licensed professional surveyor and

  9         mapper setting forth the legal description of

10         the Miami-Dade Lake Belt Area and other

11         information regarding the Miami-Dade Lake Belt

12         Area as well as the area within 2 miles of its

13         boundary; setting forth disclosure requirements

14         for sellers or lessors of certain real

15         property; defining "lease"; setting forth

16         criminal penalties for sellers or lessors who

17         fail to comply with certain provisions;

18         extinguishing purchaser's option to void a sale

19         of real property that may have been created by

20         certain language in ch. 99-298, Laws of

21         Florida, if certain conditions are not met;

22         providing an effective date.

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  Subsections (3) and (5) of section

27  373.4149, Florida Statutes, are amended to read:

28         373.4149  Miami-Dade County Lake Belt Plan.--

29         (3)(a)  The Miami-Dade County Lake Belt Area is that

30  area bounded by the Florida Turnpike to the east, the

31  Miami-Dade-Broward County line to the north, Krome Avenue to

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    Florida House of Representatives - 2000                HB 2015

    605-144A-00






  1  the west and Tamiami Trail to the south together with the land

  2  south of Tamiami Trail in sections 5, 6, 7, 8, 17, and 18,

  3  Township 54 South, Range 39 East, sections 24, 25, and 36,

  4  Township 54 South, Range 38 East less those portions of

  5  section 10, except the west one-half, section 11, except the

  6  northeast one-quarter and the east one-half of the northwest

  7  one-quarter, and tracts 38 through 41, and tracts 49 through

  8  64 inclusive, section 13, except tracts 17 through 35 and

  9  tracts 46 through 48, of Florida Fruit Lands Company

10  Subdivision No. 1 according to the Plat thereof as recorded in

11  Plat Book 2, Page 17, Public Records of Miami-Dade County,

12  Florida, and section 14, except the west three quarters,

13  Township 52 South, Range 39 East, lying north of the Miami

14  Canal, sections 35 and 36 and the east one-half of sections 24

15  and 25, Township 53 South, Range 39 East and Government Lots 1

16  and 2, lying between Townships 53 and 54 South, Range 39 East

17  and those portions of sections 1 and 2, Township 54 South,

18  Range 39 East, lying north of Tamiami Trail.

19         (b)  Prior to July 1, 2000, Miami-Dade County shall

20  file for recording in the Official Records of Miami-Dade

21  County, Florida, and shall file for recording in the Official

22  Records of Broward County, Florida, a certificate, prepared by

23  a Florida licensed surveyor and mapper, which states that it

24  is recorded pursuant to this section and which sets forth the

25  legal description of the Miami-Dade County Lake Belt Area as

26  found in paragraph (a).  Additionally, this certificate shall

27  list, by section, township, and range, all of the sections

28  within the Miami-Dade County Lake Belt Area and shall also

29  list, by section, township, and range, all of the sections

30  within 2 miles of the boundary of the Miami-Dade County Lake

31  Belt Area.  Also, as of the date set forth in the certificate,

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    Florida House of Representatives - 2000                HB 2015

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  1  the certificate shall list the name of any subdivision,

  2  together with the plat book and page of the subdivision plat,

  3  and the name of any condominium, together with the official

  4  records book and page of the original declaration of

  5  condominium, located within the Miami-Dade County Lake Belt

  6  Area and shall list the name of any subdivision, together with

  7  the plat book and page of the subdivision plat, and the name

  8  of any condominium, together with the official records book

  9  and page of the original declaration of condominium, located

10  within 2 miles of the boundary of the Miami-Dade County Lake

11  Belt Area.

12         (5)(a)  Beginning October 1, 2000, in conjunction with

13  the sale or lease of any real property located within the

14  Miami-Dade County Lake Belt Area, and in conjunction with the

15  sale or lease of any real property located within 2 miles of

16  the boundary of the Miami-Dade County Lake Belt Area, the

17  seller or lessor shall disclose, in writing, the following:

18         1.  That the real property is located within the

19  Miami-Dade County Lake Belt Area or within 2 miles of the

20  boundary of the Miami-Dade County Lake Belt Area; and

21         2.  That limestone mining activities involving the use

22  of explosives occur within the Miami-Dade County Lake Belt

23  Area.

24

25  For purposes of this subsection, "lease" means an instrument

26  which creates or extends a lease term for more than 3 years.

27  The disclosure shall be included in the contract, or contract

28  rider, or in at least one other document or form acknowledged

29  in writing by the purchaser at the time of or prior to the

30  execution of the contract for sale or by the lessee at the

31  time of or prior to the execution of the lease.  The

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  1  disclosure must be in capital letters, two points or larger

  2  than the largest type, exclusive of headings, on the page on

  3  which it appears but, in any case, no less than 10-point type.

  4         (b)  Willfulness, knowledge, or culpable negligence in

  5  failing to comply with the provisions of this subsection makes

  6  the seller or lessor of real property guilty of a misdemeanor

  7  of the first degree, punishable as provided in s. 775.082 or

  8  s. 775.083.  The penalties provided for in this subsection do

  9  not limit any civil cause of action and are in addition to

10  criminal penalties available under chapter 817 or other

11  statutory provisions.

12         (c)  Subsection (5) of this section, as enacted by

13  chapter 99-298, Laws of Florida, provided: "Failure to

14  substantially comply with the provisions of this subsection

15  makes the sale of real property or interest therein voidable

16  at the purchaser's option for a period of 7 years from the

17  date of the affidavit of disclosure."  This act repeals that

18  language, and any rights that may have been created pursuant

19  to that language shall be extinguished if, prior to January 1,

20  2001, an action in a court of competent jurisdiction has not

21  been filed to enforce those rights and a notice of lis pendens

22  has not been recorded. Beginning October 1, 1999, before the

23  sale, lease, or the issuance of a development order, including

24  the approval of a change in land use designation or zoning,

25  for any real property located inside the Miami-Dade Lake Belt

26  Area or within 2 miles of the boundary of the Miami-Dade Lake

27  Belt Area, the entity holding title to the real property is

28  required to submit a written affidavit of disclosure to

29  Miami-Dade County in a form prescribed by the county that is

30  suitable for recording:

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    Florida House of Representatives - 2000                HB 2015

    605-144A-00






  1         (a)  Acknowledging the existence of limestone mining

  2  activities involving the use of explosives within close

  3  proximity of the real property proposed to be sold, leased,

  4  used, or developed;

  5         (b)  Agreeing to provide copies of the affidavit of

  6  disclosure to all subsequent parties to whom whole or part

  7  interest in the real property is transferred, by sale, lease,

  8  or any other means; and

  9         (c)  Acknowledging potential civil liability, as well

10  as fines and penalties that could result from failure to

11  provide disclosure under this section.

12

13  Failure to substantially comply with the provisions of this

14  subsection makes the sale of the real property or interest

15  therein voidable at the purchaser's option for a period of 7

16  years from the date of the affidavit of disclosure.

17         Section 2.  This act shall take effect upon becoming a

18  law.

19

20            *****************************************

21                          HOUSE SUMMARY

22
      Revises a provision of law governing the Miami-Dade
23    County Lake Belt Plan to revise the description of land
      included in the area, to require the filing of a legal
24    description of the area, and to set forth disclosure
      requirements for sellers or lessors of described real
25    property. See bill for details.

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