Senate Bill 2220
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 2220
By Senator Diaz-Balart
37-826B-00
1 A bill to be entitled
2 An act relating to the Miami-Dade County Lake
3 Belt Plan; amending s. 373.4149, F.S.;
4 clarifying the boundaries of the plan area;
5 requiring a certificate with specified
6 information from a professional surveyor;
7 providing for disclosure of specified
8 information to the purchaser or lessee of real
9 property; revising conditions for a purchaser's
10 option to void a sale; providing an effective
11 date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Subsections (3) and (5) of section
16 373.4149, Florida Statutes, are amended to read:
17 373.4149 Miami-Dade County Lake Belt Plan.--
18 (3)(a) The Miami-Dade County Lake Belt Area is that
19 area bounded by the Ronald Reagan Florida Turnpike to the
20 east, the Miami-Dade-Broward County line to the north, Krome
21 Avenue to the west and Tamiami Trail to the south together
22 with the land south of Tamiami Trail in sections 5, 6, 7, 8,
23 17, and 18, Township 54 South, Range 39 East, sections 24, 25,
24 and 36, Township 54 South, Range 38 East less those portions
25 of section 10, except the west one-half, section 11, except
26 the northeast one-quarter and the east one-half of the
27 northwest one-quarter, and tracts 38 through 41, and tracts 49
28 through 64 inclusive, section 13, except tracts 17 through 35
29 and tracts 46 through 48, of Florida Fruit Lands Company
30 Subdivision No. 1 according to the plat thereof as recorded in
31 plat book 2, page 17, public records of Miami-Dade County, and
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 2220
37-826B-00
1 section 14, except the west three quarters, Township 52 South,
2 Range 39 East, lying north of the Miami Canal, sections 35 and
3 36 and the east one-half of sections 24 and 25, Township 53
4 South, Range 39 East and Government Lots 1 and 2, lying
5 between Townships 53 and 54 South, Range 39 East and those
6 portions of sections 1 and 2, Township 54 South, Range 39
7 East, lying north of Tamiami Trail.
8 (b) Miami-Dade County shall file in the official
9 public records of Miami-Dade County and Broward County, before
10 July 1, 2000, a certificate from a Florida-licensed
11 professional surveyor and mapper referencing that it is filed
12 under this section, and setting forth the legal description;
13 the sections, townships, and ranges; and the names of the
14 subdivisions and condominiums within the Miami-Dade Lake Belt
15 Area or within 2 miles of the boundary of the Miami-Dade Lake
16 Belt Area as of the date set forth in the certificate. Each
17 subdivision or condominium must be identified by the name of
18 the subdivision or condominium, the plat book and page or
19 official records book and page, and the county where located.
20 (5) Beginning October 1, 2000 1999, in conjunction
21 with the sale or lease of any real property located inside the
22 Miami-Dade Lake Belt Area or within 2 miles of the boundary of
23 the Miami-Dade Lake Belt Area, the seller or lessor of the
24 real property shall disclose the following:
25 (a) The real property is located within the Miami-Dade
26 Lake Belt Area or within 2 miles of the boundary of the
27 Miami-Dade Lake Belt Area; and
28 (b) Limestone mining activities involving the use of
29 explosives occurring within the Miami-Dade Lake Belt Area.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 2220
37-826B-00
1 For the purposes of this subsection, the term "lease" means an
2 instrument that creates or extends a lease term for more than
3 3 years. The disclosure must be provided on at least one
4 document, form, contract, or contract rider acknowledged in
5 writing by the purchaser or lessee at the time of or before
6 executing the contract for sale or the lease. The disclosure
7 must be made in writing to the proposed purchaser or lessee in
8 capital letters no smaller than the size of the largest font
9 contained in the body of the contract or lease. A seller or
10 lessor of real property who fails to substandially comply with
11 this subsection is guilty of a misdemeanor of the first
12 degree, punishable as provided in s. 775.082 or s. 775.083.
13 This section does not limit any cause of action by a purchaser
14 or lessee of real property for a seller's or lessor's failure
15 to substantially comply with this subsection. The purchaser's
16 option, if any, to void the sale or lease or other transaction
17 related to real property or interest therein which may have
18 been created by chapter 99-298, Laws of Florida, under this
19 section is extinguished if an action is not filed in a court
20 of competent jurisdiction, and a notice of lis pendens is not
21 duly recorded before July 1, 2001, to preserve the purchaser's
22 or lessee's rights. before the sale, lease, or the issuance of
23 a development order, including the approval of a change in
24 land use designation or zoning, for any real property located
25 inside the Miami-Dade Lake Belt Area or within 2 miles of the
26 boundary of the Miami-Dade Lake Belt Area the entity holding
27 title to the real property is required to submit a written
28 affidavit of disclosure to Miami-Dade County in a form
29 prescribed by the county that is suitable for recording:
30 (a) Acknowledging the existence of limestone mining
31 activities involving the use of explosives within close
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 2220
37-826B-00
1 proximity of the real property proposed to be sold, leased,
2 used, or developed;
3 (b) Agreeing to provide copies of the affidavit of
4 disclosure to all subsequent parties to whom whole or part
5 interest in the real property is transferred, by sale, lease,
6 or any other means; and
7 (c) Acknowledging potential civil liability, as well
8 as fines and penalties that could result from failure to
9 provide disclosure under this section.
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11 Failure to substantially comply with the provisions of this
12 subsection makes the sale of the real property or interest
13 therein voidable at the purchaser's option for a period of 7
14 years from the date of the affidavit of disclosure.
15 Section 2. This act shall take effect July 1, 2000.
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18 SENATE SUMMARY
19 Requires the disclosure of specified information to a
purchaser or lessee of real property within the
20 Miami-Dade County Lake Belt Area. Revises conditions for
a purchaser's right to void a sale.
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