SENATE AMENDMENT
    Bill No. CS for SB 1098
    Amendment No. ___   Barcode 424054
                            CHAMBER ACTION
              Senate                               House
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       04/16/2003 11:24 AM         .                    
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11  Senator Fasano moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 9, between lines 18 and 19,
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16  insert:  
17         Section 8.  Section 689.27, Florida Statutes, is
18  created to read:
19         689.27  Termination of agreement to purchase real
20  property by a member of the United States Armed Forces, the
21  United States Reserve Forces, or the Florida National Guard.--
22         (1)  Notwithstanding any other provisions of law and
23  for the purposes of this section:
24         (a)  "Closing" means the finalizing of the sale of
25  property, upon which title to the property is transferred from
26  the seller to the buyer.
27         (b)  "Contract" means an instrument purporting to
28  contain an agreement to purchase real property.
29         (c)  "Property" means a house, condominium, or mobile
30  home that a member intends to purchase to serve as his or her
31  primary residence.
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    5:12 PM   04/15/03                               s1098.ms11.4f

SENATE AMENDMENT Bill No. CS for SB 1098 Amendment No. ___ Barcode 424054 1 (2) Any member of the United States Armed Forces, the 2 United States Reserve Forces, or the Florida National Guard 3 may terminate a contract to purchase property, prior to 4 closing on such property, by providing the seller or mortgagor 5 of the property with a written notice of termination to be 6 effective immediately, if any of the following criteria are 7 met: 8 (a) The member is required, pursuant to a permanent 9 change of station orders received after entering into a 10 contract for the property, to move 35 miles or more from the 11 location of the property; 12 (b) The member is released from federal or state 13 active duty after having agreed to purchase the property while 14 serving on federal or state active duty status, and the 15 property is more than 35 miles away from the member s home of 16 record prior to entering active duty; 17 (c) The member receives military orders requiring him 18 or her to move into government quarters or, after contracting 19 to purchase property but prior to closing, the member becomes 20 eligible to live in government quarters; 21 (d) Prior to closing, the member receives temporary 22 duty orders, temporary change of station orders, or state 23 active duty orders to an area more than 35 miles from where 24 the property is located, provided such orders are for a period 25 exceeding 90 days; or 26 (e) The member has entered into an agreement to 27 purchase the property, but prior to taking possession of the 28 property, receives a change of orders to an area located more 29 than 35 miles from the location of the property. 30 (3) The notice to the seller or mortgagor canceling 31 the contract must be accompanied by either a copy of the 2 5:12 PM 04/15/03 s1098.ms11.4f
SENATE AMENDMENT Bill No. CS for SB 1098 Amendment No. ___ Barcode 424054 1 official military orders or a written verification signed by 2 the member's commanding officer. 3 (4) Upon termination of a contract under this section, 4 the seller or mortgagor or his or her agent shall refund any 5 funds provided by the member under the contract within 7 days. 6 The member is not liable for any other fees due to the 7 termination of the contract as provided for in this section. 8 (5) The provisions of this section may not be waived 9 or modified by the agreement of the parties under any 10 circumstances. 11 12 (Redesignate subsequent sections.) 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 On page 1, line 29, after "circumstances;" 18 19 insert: 20 creating s. 689.27, F.S., providing 21 requirements and procedure with respect to the 22 termination by a member of the United States 23 Armed Services, the United States Reserve 24 Forces, or the Florida National Guard of an 25 agreement to purchase real property; 26 27 28 29 30 31 3 5:12 PM 04/15/03 s1098.ms11.4f