HB 1649 2003
1	A bill to be entitled
2	An act relating to real property sales disclosures;
3	creating s. 475.423, F.S.; specifying the transactions
4	that are subject to the requirements of the act; providing
5	definitions; requiring that certain disclosures be made by
6	the transferor or his or her agent with respect to real
7	property located within a flood hazard area, an area with
8	severe constraints for development, an area having
9	sinkhole activity, a wellhead protection area, a priority
10	wetland zone, a habitat conservation area, an airport
11	influence area, an environmental hazard site, or a radon
12	gas zone; providing that the waiver of such requirements
13	is against public policy; providing certain exceptions;
14	specifying the form to be used as the Property
15	Identification Disclosure Statement; providing
16	requirements for identifying information that accompanies
17	the disclosure statement; prohibiting the use of the
18	disclosure statement by certain entities other than the
19	transferor, the transferor's agents, and the transferee;
20	providing requirements for delivery of the required
21	disclosure statement; providing a limitation with respect
22	to liability for errors, inaccuracy, or omissions;
23	requiring a third party that provides information with
24	respect to the disclosure statement to maintain a
25	specified amount of insurance protection; providing that
26	certain subsequent inaccuracies with respect to the
27	information disclosed are not a violation of the act;
28	requiring that disclosures be made in good faith;
29	providing that the act does not limit or abridge other
30	disclosures required by law; authorizing the amendment of
31	a disclosure; providing for delivery of disclosures;
32	providing requirements for the licensee or broker acting
33	as an agent in a transaction subject to the act;
34	specifying liability; providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1. Section 475.423, Florida Statutes, is created
39	to read:
40	475.423 Property identification disclosure statement.--
41	(1)(a) Except as provided in subsection (2), this section
42	applies to any transfer by sale, exchange, or installment land
43	sale contract of residential, undeveloped, or commercial land,
44	wherein one party agrees to convey title to real property to
45	another party upon the satisfaction of specified conditions set
46	forth in the contract and which does not require conveyance of
47	title within 1 year after the date of formation of the contract,
48	lease with an option to purchase, any other option to purchase,
49	ground lease coupled with improvements of any real property
50	described in paragraph (c), or residential stock cooperative,
51	improved with or consisting of not less than one or more than
52	four dwelling units.
53	(b) Except as provided in subsection (2), this section
54	applies to a resale transaction for a manufactured home
55	classified as personal property and intended for use as a
56	residence and to a mobile home classified as personal property
57	intended for use as a residence if the real property on which
58	the manufactured home or mobile home is located is real property
59	as described in paragraph (c). As used in this section, the term
60	"manufactured home" means a structure, transportable in one or
61	more sections, which, in the traveling mode, is 8 body feet or
62	more in width, or 40 body feet or more in length, or, when
63	erected on site, is 320 or more square feet, and which is built
64	on a permanent chassis and designed to be used as a dwelling
65	with or without a permanent foundation when connected to the
66	required utilities, and includes the plumbing, heating, air
67	conditioning, and electrical systems contained therein. In
68	addition, the term includes any structure that meets all the
69	requirements of this paragraph except for the size requirements
70	and with respect to which the manufacturer voluntarily files a
71	certification and complies with the standards established under
72	this section. The term "manufactured home" also includes a
73	mobile home that is subject to the National Manufactured Housing
74	Construction and Safety Act of 1974, 42 U.S.C. s. 5401, et seq.
75	The term "mobile home" does not include a commercial coach,
76	factory-built housing, or a recreational vehicle.
77	(c) This section applies to the transactions described in
78	paragraphs(a) and (b). The transferor or his or her agent is
79	required by one or more of the following to disclose the
80	property's location within an applicable zone:
81	1. A person who is either acting as an agent for a
82	transferor of real property that is located within a special
83	flood hazard area, which is any type Zone "A" or "V" as
84	designated by the Federal Emergency Management Agency, or is the
85	transferor, if he or she is acting without an agent, shall
86	disclose to any prospective transferee the fact that the
87	property is located within a special flood hazard area if:
88	a. The transferor, or the transferor's agent, has actual
89	knowledge that the property is within a special flood hazard
90	area; or
91	b. The local jurisdiction has compiled a list, by parcel,
92	of properties that are within the special flood hazard area and
93	a notice has been posted at the office of the county planning
94	agency which identifies the location of the parcel list.
95	2. A person who is acting as an agent for a transferor of
96	real property that is located on soils with very severe
97	constraints for development, or the transferor, if he or she is
98	acting without an agent, shall disclose to any prospective
99	transferee the fact that the property is located on soils with
100	very severe constraints for development pursuant to maps issued
101	by the United States Department of Agriculture or other readily
102	available and officially adopted governmental maps and
103	information if:
104	a. The transferor, or the transferor's agent, has actual
105	knowledge that the property is on soils with very severe
106	constraints for development; or
107	b. The local jurisdiction has maps that identify
108	properties that are located on soils with very severe
109	constraints for development.
110	3. A person who is acting as an agent for a transferor of
111	real property that is located in an area impacted by sinkhole
112	activity, or the transferor if he or she is acting without an
113	agent, shall disclose to any prospective transferee the fact
114	that the property is located in an area impacted by sinkhole
115	activity pursuant to readily available and officially adopted
116	governmental maps and information if:
117	a. The transferor, or the transferor's agent, has actual
118	knowledge that the property is in an area impacted by sinkhole
119	activity; or
120	b. The local jurisdiction has maps that identify
121	properties that are located in an area impacted by sinkhole
122	activity.
123	4. A person who is acting as an agent for a transferor of
124	real property that is located within a quarter of a mile of a
125	wellhead protection area, or the transferor if he or she is
126	acting without an agent, shall disclose to any prospective
127	transferee the fact that the property is located within a
128	quarter of a mile of a wellhead protection area according to
129	maps issued by the Department of Environmental Protection or a
130	water management district or other readily available and
131	officially adopted governmental maps and information if:
132	a. The transferor, or the transferor's agent, has actual
133	knowledge that the property is located within a quarter of a
134	mile of a wellhead protection area; or
135	b. The local jurisdiction has maps that identify
136	properties that are located within a quarter of a mile of a
137	wellhead protection area.
138	5. A person who is acting as an agent for a transferor of
139	real property that is located in a priority wetland zone, or the
140	transferor if he or she is acting without an agent, shall
141	disclose to any prospective transferee the fact that the
142	property is located in a priority wetland zone pursuant to maps
143	issued by the Fish and Wildlife Conservation Commission or other
144	readily available and officially adopted governmental maps and
145	information if:
146	a. The transferor, or the transferor's agent, has actual
147	knowledge that the property is located in a priority wetland
148	zone; or
149	b. The local jurisdiction has maps that identify
150	properties that are located in a priority wetland zone.
151	6. A person who is acting as an agent for a transferor of
152	real property that is located in a strategic habitat
153	conservation area, or the transferor if he or she is acting
154	without an agent, shall disclose to any prospective transferee
155	the fact that the property is located in a strategic habitat
156	conservation area pursuant to maps issued by the Fish and
157	Wildlife Conservation Commission or other readily available and
158	officially adopted governmental maps and information if:
159	a. The transferor, or the transferor's agent, has actual
160	knowledge that the property is located in a strategic habitat
161	conservation area; or
162	b. The local jurisdiction has maps that identify
163	properties that are located in a strategic habitat conservation
164	area.
165	7. A person who is acting as an agent for a transferor of
166	real property that is located within 2 statute miles of an
167	airport influence area or a landing facility approved by the
168	Federal Aviation Administration, or the transferor if he or she
169	is acting without an agent, shall disclose to any prospective
170	transferee the fact that the property is located within 2
171	statute miles of an airport influence area or a landing facility
172	approved by the Federal Aviation Administration, the Department
173	of Transportation, Division of Aeronautics, and local land use
174	commission if:
175	a. The transferor, or the transferor's agent, has actual
176	knowledge that the property is located within 2 statute miles of
177	an airport influence area or a landing facility approved by the
178	Federal Aviation Administration; or
179	b. The local jurisdiction has maps that identify
180	properties that are located within 2 statute miles of an airport
181	influence area or a landing facility approved by the Federal
182	Aviation Administration.
183	8. A person who is acting as an agent for a transferor of
184	real property that is located within a quarter of a mile of an
185	environmental hazard site, limited to filed governmental
186	reports, or the transferor if he or she is acting without an
187	agent, shall disclose to any prospective transferee the fact
188	that the property is located within a quarter of a mile of an
189	environmental hazard site, including leaking underground storage
190	tanks, solid waste landfills, incinerators or transfer stations,
191	national priority list sites, or CERCLIS sites under review by
192	the United States Environmental Protection Agency if:
193	a. The transferor, or the transferor's agent, has actual
194	knowledge that the property is located within a quarter of a
195	mile of an environmental hazard site; or
196	b. The local jurisdiction has maps that identify
197	properties that are within a quarter of a mile of an
198	environmental hazard site.
199	9. A person who is acting as an agent for a transferor of
200	real property that is located within a mapped radon gas
201	potential zone pursuant to maps issued by the United States
202	Environmental Protection Agency or other readily available and
203	officially adopted governmental maps and information shall
204	disclose to any prospective transferee the fact that the
205	property is located within a mapped radon gas potential zone if:
206	a. The transferor, or the transferor's agent, has actual
207	knowledge that the property is located in a mapped radon gas
208	potential zone; or
209	b. The local jurisdiction has maps that identify
210	properties that are mapped in a radon gas potential zone.
211	(d) Any waiver of the requirements of this section is void
212	as against public policy.
213	(2)(a) This section does not apply to the following
214	transfers:
215	1. Transfers pursuant to court order, including, but not
216	limited to, transfers ordered by a probate court in
217	administration of an estate, transfers pursuant to a writ of
218	execution, transfers by any foreclosure sale, transfers by a
219	trustee in bankruptcy, transfers by eminent domain, and
220	transfers resulting from a decree for specific performance.
221	2. Transfers to a mortgagee by a mortgagor or successor in
222	interest who is in default, transfers to a beneficiary of a deed
223	of trust by a trustor or successor in interest who is in
224	default, transfers by any foreclosure sale after default,
225	transfers by any foreclosure sale after default in an obligation
226	secured by a mortgage, transfers by a sale under a power of sale
227	or any foreclosure sale under a decree of foreclosure after
228	default in an obligation secured by a deed of trust or secured
229	by any other instrument containing a power of sale, or transfers
230	by a mortgagee or a beneficiary under a deed of trust who has
231	acquired the real property at a sale conducted pursuant to a
232	power of sale under a mortgage or deed of trust or a sale
233	pursuant to a decree of foreclosure or has acquired the real
234	property by a deed in lieu of foreclosure.
235	3. Transfers by a fiduciary in the course of the
236	administration of a decedent's estate, guardianship,
237	conservatorship, or trust.
238	4. Transfers from one coowner to one or more other
239	coowners.
240	5. Transfers made to a spouse, or to a person or persons
241	in the lineal line of consanguinity of one or more of the
242	transferors.
243	6. Transfers between spouses resulting from a judgment of
244	dissolution of marriage or of legal separation of the parties or
245	from a property settlement agreement incidental to that
246	judgment.
247	7. Transfers or exchanges to or from any governmental
248	entity.
249	(b) Transfers not subject to this section may be subject
250	to other disclosure requirements. In transfers that are not
251	subject to this section, agents may make required disclosures in
252	a separate writing.
253	(3)(a) The disclosures required by this section are set
254	forth in, and shall be made on a copy of, the following Property
255	Identification Disclosure Statement:
256
257	PROPERTY IDENTIFICATION DISCLOSURE STATEMENT
258
259	This statement applies to the following property:
260	_____________________
261
262	The transferor and his or her agent(s) disclose the following
263	information with the knowledge that even though this is not a
264	warranty, prospective transferees may rely on this information
265	in deciding whether and on what terms to purchase the subject
266	property.
267
268	Transferor hereby authorizes any agent(s) representing any
269	principal(s) in this action to provide a copy of this statement
270	to any person or entity in connection with any actual or
271	anticipated sale of the property.
272
273	The following are representations made by the transferor and his
274	or her agent(s) based on their knowledge and official maps and
275	information prepared by the state and federal governments. This
276	information is a disclosure and is not intended to be part of
277	any contract between the transferee and transferor.
278
279	THIS REAL PROPERTY LIES WITHIN THE FOLLOWING AREA(S):
280
281	(1) A SPECIAL FLOOD HAZARD AREA (Any type Zone "A" or "V")
282	designated by the Federal Emergency Management Agency.
283
284	Yes _____ No _____ Do not know and information not available
285	from local jurisdiction _____ Pending _____
286
287	(2) ON SOILS WITH VERY SEVERE CONSTRAINTS FOR DEVELOPMENT,
288	pursuant to maps issued by the United States Department of
289	Agriculture or other readily available and officially adopted
290	governmental maps and information.
291
292	Yes _____ No _____ Do not know and information not available
293	from local jurisdiction _____ Pending _____
294
295	(3) AN AREA IMPACTED BY SINKHOLE ACTIVITY, pursuant to
296	readily available and officially adopted governmental maps and
297	information.
298
299	Yes _____ No _____ Do not know and information not available
300	from local jurisdiction _____ Pending _____
301
302	(4) WITHIN A QUARTER OF A MILE OF A WELLHEAD PROTECTION
303	AREA, pursuant to maps issued by the Department of Environmental
304	Protection or a water management district or other readily
305	available or officially adopted governmental maps and
306	information.
307
308	Yes _____ No _____ Do not know and information not available
309	from local jurisdiction _____ Pending _____
310
311	(5) A PRIORITY WETLAND ZONE, pursuant to maps issued by
312	the Fish and Wildlife Conservation Commission or other readily
313	available and officially adopted governmental maps and
314	information.
315
316	Yes _____ No _____ Do not know and information not available
317	from local jurisdiction _____ Pending _____
318
319	(6) A STRATEGIC HABITAT CONSERVATION AREA, pursuant to
320	maps issued by the Fish and Wildlife Conservation Commission or
321	other readily available and officially adopted governmental maps
322	and information.
323
324	Yes _____ No _____ Do not know and information not available
325	from local jurisdiction _____ Pending _____
326
327	(7) WITHIN TWO STATUTE MILES OF AN AIRPORT INFLUENCE AREA,
328	approved by the Federal Aviation Administration, the Department
329	of Transportation, Division of Aeronautics, and local land use
330	commission or other readily available and officially adopted
331	governmental maps and information.
332
333	Yes _____ No _____ Do not know and information not available
334	from local jurisdiction _____ Pending _____
335
336	(8) WITHIN A QUARTER OF A MILE OF AN ENVIRONMENTAL HAZARD
337	SITE, including leaking underground storage tanks, solid waste
338	landfills, incinerators or transfer stations, national priority
339	list sites, and/or CERCLIS Sites under review by the United
340	States Environmental Protection Agency.
341
342	Yes _____ No _____ Do not know and information not available
343	from local jurisdiction _____ Pending _____
344
345	(9) WITHIN A MAPPED RADON GAS POTENTIAL ZONE, pursuant to
346	maps issued by the United States Environmental Protection Agency
347	or other readily available and officially adopted governmental
348	maps and information.
349
350	Yes _____ No _____ Do not know and information not available
351	from local jurisdiction _____ Pending _____
352
353	THESE ZONES MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY,
354	TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER.
355
356	THE MAPS AND INFORMATION ON WHICH THESE DISCLOSURES ARE BASED
357	ESTIMATE WHERE THE APPLICABLE ZONES AND PROTECTED LANDS EXIST.
358	THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY
359	WILL BE AFFECTED BY A NATURAL OR ENVIRONMENTAL DISASTER.
360	TRANSFEREE(S) AND TRANSFEROR(S) MAY WISH TO OBTAIN PROFESSIONAL
361	ADVICE REGARDING THESE AND OTHER HAZARDS AND PROTECTION ZONES
362	THAT MAY AFFECT THE PROPERTY.
363
364	Transferor represents that the information herein is true and
365	correct to the best of the transferor's knowledge as of the date
366	signed by the transferor.
367
368
369	Signature of Transferor __________________ Date ____________
370
371
372	Signature of Transferor __________________ Date ____________
373
374	Agent represents that the information herein is true and correct
375	to the best of the agent's knowledge as of the date signed by
376	the agent.
377
378	Signature of Transferor's Agent ______________
379	Date_________________
380
381	Signature of Transferor's Agent ______________
382	Date_________________
383
384	Transferee represents that he or she has read and understands
385	this document.
386
387	Signature of Transferee ______________________
388	Date________________
389
390	Signature of Transferee ________________________
391	Date ________________
392	(b) If a map or accompanying information is not of
393	sufficient accuracy or scale that a reasonable person can
394	determine if the subject real property is included in an
395	applicable area, the transferor or transferor's agent shall mark
396	"Yes" on the Property Identification Disclosure Statement. The
397	transferor or transferor's agent may mark "No" on the Property
398	Identification Disclosure Statement if he or she attaches a
399	report prepared pursuant to paragraph (5)(c) which verifies that
400	the property is not in the applicable zone. This paragraph does
401	not limit or abridge any existing duty of the transferor or the
402	transferor's agents to exercise reasonable care in making a
403	determination under this subsection.
404	(c) If the Federal Emergency Management Agency has issued
405	a Letter of Map Revision confirming that a property is no longer
406	within a special flood hazard area, the transferor or
407	transferor's agent may mark "No" on the Property Identification
408	Disclosure Statement, even if the map has not yet been updated.
409	(d) If the Federal Emergency Management Agency has issued
410	a Letter of Map Revision confirming that a property is within a
411	special flood hazard area and the location of the letter has
412	been posted then the transferor or transferor's agent shall mark
413	"Yes" on the Property Identification Disclosure Statement, even
414	if the map has not yet been updated.
415	(e) The disclosure required by this section is a
416	disclosure only between the transferor, the transferor's agents,
417	and the transferee, and may not be used by any other party,
418	including, but not limited to, insurance companies, lenders, or
419	governmental agencies, for any purpose.
420	(f) In any transaction in which a transferor has accepted,
421	prior to the effective date of this section, an offer to
422	purchase, the transferor, or his or her agent, shall be deemed
423	to have complied with the requirements of paragraph (a) if the
424	transferor or agent delivers to the prospective transferee a
425	statement that includes substantially the same information and
426	warning as the Property Identification Disclosure Statement.
427	(4)(a) The transferor of any real property subject to this
428	section shall deliver to the prospective transferee the written
429	statement required by this section, as follows:
430	1. In the case of a sale, as soon as practicable before
431	transfer of title.
432	2. In the case of transfer by a real property sales
433	contract or by a lease together with an option to purchase, or a
434	ground lease coupled with improvements, as soon as practicable
435	before execution of the contract. For the purpose of this
436	subparagraph, "execution" means the making or acceptance of an
437	offer.
438	(b) The transferor shall indicate compliance with this
439	section either on the receipt for deposit, the real property
440	sales contract, the lease, any addendum attached thereto, or on
441	a separate document.
442	(c) If any disclosure, or any material amendment of any
443	disclosure, required to be made pursuant to this section is
444	delivered after the execution of an offer to purchase, the
445	transferee shall have 3 days after delivery in person or 5 days
446	after delivery by deposit in the mail to terminate his or her
447	offer by delivery of a written notice of termination to the
448	transferor or the transferor's agent.
449	(5)(a) Neither the transferor nor any listing or selling
450	agent shall be liable for any error, inaccuracy, or omission of
451	any information delivered pursuant to this section if the error,
452	inaccuracy, or omission was not within the personal knowledge of
453	the transferor or the listing or selling agent, and was based on
454	information timely provided by public agencies or by other
455	persons providing information as specified in paragraph (c)
456	which is required to be disclosed pursuant to this section, and
457	ordinary care was exercised in obtaining and transmitting the
458	information.
459	(b) The delivery of any information required to be
460	disclosed by this section to a prospective transferee by a third
461	party providing information required to be disclosed pursuant to
462	this section shall be deemed to comply with the requirements of
463	this section and shall relieve the transferor or any listing or
464	selling agent of any further duty under this section with
465	respect to that item of information.
466	(c) The delivery of a report or opinion prepared by a
467	licensed engineer, land surveyor, or expert in locating the
468	applicable zones on readily available official governmental maps
469	and information concerning matters within the scope of the
470	professional's license or expertise is sufficient compliance for
471	application of the exemption provided by paragraph (a) if the
472	information is provided to the prospective transferee pursuant
473	to a request therefor, whether written or oral. In responding to
474	that request, an expert may indicate, in writing, an
475	understanding that the information provided will be used in
476	fulfilling the requirements of subsection (3) and, if so, shall
477	indicate the required disclosures, or parts thereof, to which
478	the information being furnished is applicable. If that statement
479	is furnished, the expert is not responsible for any items of
480	information, or parts thereof, other than those expressly set
481	forth in the statement.
482	(d) A third party providing the information on behalf of
483	the transferor and the transferor's agent fulfilling the
484	requirements of subsection (3) to be disclosed by this section
485	shall maintain a minimum of $20 million of insurance protection
486	to protect the transferor and the agents for any errors or
487	omissions made by the third party.
488	(6)(a) After a transferor and his or her agent comply with
489	subsection (3), they are relieved of further duty under this
490	section with respect to those items of information. The
491	transferor and his or her agent are not required to provide
492	notice to the transferee if the information provided
493	subsequently becomes inaccurate as a result of any governmental
494	action, map revision, changed information, or other act or
495	occurrence, unless the transferor or agent has actual knowledge
496	that the information has become inaccurate.
497	(b) If information disclosed in accordance with this
498	section is subsequently rendered inaccurate as a result of any
499	governmental action, map revision, changed information, or other
500	act or occurrence subsequent to the delivery of the required
501	disclosures, the inaccuracy resulting therefrom does not
502	constitute a violation of this section.
503	(7) Each disclosure required by this section and each act
504	that may be performed in making the disclosure shall be made in
505	good faith. For purposes of this section, "good faith" means
506	honesty in fact in the conduct of the transaction.
507	(8) The specification of items for disclosure in this
508	section does not limit or abridge any obligation for disclosure
509	created by any other provision of law or that may exist in order
510	to avoid fraud, misrepresentation, or deceit in the transfer
511	transaction. The Legislature does not intend to affect the
512	existing obligations of the parties to a real estate contract,
513	or their agents, or to disclose any fact materially affecting
514	the value and desirability of the property, including, but not
515	limited to, the physical condition of the property and
516	previously received reports of physical inspection.
517	(9) Any disclosure made pursuant to this section may be
518	amended in writing by the transferor or his or her agent, but
519	the amendment shall be subject to subsection (4).
520	(10) Delivery of disclosures required by this section
521	shall be by personal delivery to the transferee or by mail to
522	the prospective transferee. For the purposes of this section,
523	delivery to the spouse of a transferee shall be deemed delivery
524	to the transferee, unless provided otherwise by contract.
525	(11) Any person or entity, other than a real estate
526	licensee licensed in this state and acting in the capacity of an
527	escrow agent for the transfer of real property subject to this
528	section, shall not be deemed the agent of the transferor or
529	transferee for purposes of the disclosure requirements of this
530	section unless the person or entity is empowered to so act by an
531	express written agreement to that effect. The extent of that
532	agency shall be governed by the written agreement.
533	(12)(a) If more than one licensed real estate broker is
534	acting as an agent in a transaction subject to this section, the
535	broker who has obtained the offer made by the transferee shall,
536	except as otherwise provided in this section, deliver the
537	disclosure required by this section to the transferee, unless
538	the transferor has given other written instructions for
539	delivery.
540	(b) If a licensed real estate broker responsible for
541	delivering the disclosures under this section cannot obtain the
542	disclosure document required and does not have written assurance
543	from the transferee that the disclosure has been received, the
544	broker shall advise the transferee in writing of his or her
545	rights to the disclosure. A licensed real estate broker
546	responsible for delivering disclosures under this section shall
547	maintain a record of the action taken to effect compliance of
548	the transaction.
549	(13) A transfer subject to this section may not be
550	invalidated solely because of the failure of any person to
551	comply with any provision of this section. However, any person
552	who willfully or negligently violates or fails to perform any
553	duty prescribed by any provision of this section shall be liable
554	in the amount of actual damages suffered by a transferee.
555	(14)(a) As used in this section, the term "listing agent"
556	means an individual who has obtained a listing of property of
557	the kind in respect of which he or she is authorized by law to
558	act as an agent for compensation.
559	(b) As used in this section, the term "selling agent"
560	means an individual who acts in cooperation with a listing agent
561	and who sells, or finds and obtains a buyer for, the property.
562	Section 2. This act shall take effect July 1, 2003.