Senate Bill sb1402c1

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    Florida Senate - 2004                           CS for SB 1402

    By the Committee on Regulated Industries; and Senator Fasano





    315-2298-04

  1                      A bill to be entitled

  2         An act relating to conveyances of land;

  3         transferring, renumbering, and amending s.

  4         689.26, F.S.; modifying the disclosure form

  5         that a prospective purchaser must receive

  6         before a contract for sale; providing that

  7         certain contracts are voidable for a specified

  8         period; requiring that a purchaser provide

  9         written notice of cancellation; transferring

10         and renumbering s. 689.265, F.S., relating to

11         required financial reports of certain

12         residential subdivision developers; amending s.

13         498.025, F.S., relating to the disposition of

14         subdivided lands; conforming cross-references;

15         providing an effective date.

16  

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

18  

19         Section 1.  Section 689.26, Florida Statutes, is

20  transferred, renumbered as section 720.3085, Florida Statutes,

21  and amended to read:

22         720.3085 689.26  Prospective purchasers subject to

23  association membership requirement; disclosure required;

24  covenants; assessments; contract voidability.--

25         (1)(a)  A prospective parcel owner in a community must

26  be presented a disclosure summary before executing the

27  contract for sale.  The disclosure summary must be in a form

28  substantially similar to the following form:

29  

30                        DISCLOSURE SUMMARY

31                                FOR

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    Florida Senate - 2004                           CS for SB 1402
    315-2298-04




 1                       (NAME OF COMMUNITY)

 2  

 3         1.  AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU

 4  WILL (WILL) (WILL NOT) BE OBLIGATED TO BE A MEMBER OF A

 5  HOMEOWNERS' ASSOCIATION.

 6         2.  THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE

 7  COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN

 8  THIS COMMUNITY.

 9         3.  YOU MAY (WILL) (WILL NOT) BE OBLIGATED TO PAY

10  ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO

11  PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $_____

12  PER ______.

13         4.  YOU MAY (WILL) (WILL NOT) BE OBLIGATED TO PAY

14  SPECIAL ASSESSMENTS TO THE RESPECTIVE ASSOCIATION,

15  MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL ASSESSMENTS ARE

16  SUBJECT TO PERIODIC CHANGE.

17         5.4.  YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR

18  ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION

19  COULD RESULT IN A LIEN ON YOUR PROPERTY.

20         6.5.  THERE MAY BE (IS) (IS NOT) AN OBLIGATION TO PAY

21  RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED

22  FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS'

23  ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $ ____ PER

24  ______. (If such obligation exists, then the amount of the

25  current obligation shall be set forth.)

26         7.6.  THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE

27  RESTRICTIVE COVENANTS (CAN) (CANNOT) BE AMENDED WITHOUT THE

28  APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE,

29  IF NO MANDATORY ASSOCIATION EXISTS, PARCEL OWNERS.

30         8.7.  THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM

31  ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER,

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    Florida Senate - 2004                           CS for SB 1402
    315-2298-04




 1  YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION

 2  GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY.

 3         9.8.  THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC

 4  RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE

 5  COUNTY WHERE THE PROPERTY IS LOCATED, OR ARE NOT RECORDED AND

 6  CAN BE OBTAINED FROM THE DEVELOPER.

 7  DATE:                                               PURCHASER:

 8                                                      PURCHASER:

 9  

10  The disclosure must be supplied by the developer, or by the

11  parcel owner if the sale is by an owner that is not the

12  developer.  Any contract or agreement for sale shall refer to

13  and incorporate the disclosure summary and shall include, in

14  prominent language, a statement that the potential buyer

15  should not execute the contract or agreement until they have

16  received and read the disclosure summary required by this

17  section.

18         (b)  Each contract entered into for the sale of

19  property governed by covenants subject to disclosure required

20  by this section must contain in conspicuous type a clause that

21  states:

22  

23         IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION

24         720.3085 689.26, FLORIDA STATUTES, HAS NOT BEEN

25         PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE

26         EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT

27         IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR

28         SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE

29         OF THE BUYER'S INTENTION TO CANCEL WITHIN 3

30         DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR

31         PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY

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    Florida Senate - 2004                           CS for SB 1402
    315-2298-04




 1         PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS

 2         NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT

 3         SHALL TERMINATE AT CLOSING.

 4  

 5         (c)  If the disclosure summary is not provided to a

 6  prospective purchaser before the purchaser executes a contract

 7  for the sale of property governed by covenants that are

 8  subject to disclosure pursuant to this section, the purchaser

 9  may void the contract by delivering to the seller or the

10  seller's agent or representative written notice canceling the

11  contract within 3 days after receipt of the disclosure summary

12  or prior to closing, whichever occurs first. This right may

13  not be waived by the purchaser, but terminates at closing. A

14  contract that does not conform to the requirements of this

15  subsection is voidable at the option of the purchaser prior to

16  closing.

17         (2)  This section does not apply to any association

18  regulated under chapter 718, chapter 719, chapter 721, or

19  chapter 723 or to a subdivider registered under chapter 498;

20  and also does not apply if disclosure regarding the

21  association is otherwise made in connection with the

22  requirements of chapter 718, chapter 719, chapter 721, or

23  chapter 723.

24         Section 2.  Section 689.265, Florida Statutes, is

25  transferred and renumbered as section 720.3086, Florida

26  Statutes, to read:

27         720.3086 689.265  Financial report.--In a residential

28  subdivision in which the owners of lots or parcels must pay

29  mandatory maintenance or amenity fees to the subdivision

30  developer or to the owners of the common areas, recreational

31  facilities, and other properties serving the lots or parcels,

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    Florida Senate - 2004                           CS for SB 1402
    315-2298-04




 1  the developer or owner of such areas, facilities, or

 2  properties shall make public, within 60 days following the end

 3  of each fiscal year, a complete financial report of the

 4  actual, total receipts of mandatory maintenance or amenity

 5  fees received by it, and an itemized listing of the

 6  expenditures made by it from such fees, for that year.  Such

 7  report shall be made public by mailing it to each lot or

 8  parcel owner in the subdivision, by publishing it in a

 9  publication regularly distributed within the subdivision, or

10  by posting it in prominent locations in the subdivision.  This

11  section does not apply to amounts paid to homeowner

12  associations pursuant to chapter 617, chapter 718, chapter

13  719, chapter 721, or chapter 723, or to amounts paid to local

14  governmental entities, including special districts.

15         Section 3.  Paragraphs (g) and (h) of subsection (2) of

16  section 498.025, Florida Statutes, are amended to read:

17         498.025  Exemptions.--

18         (2)  Except as provided in s. 498.022, the provisions

19  of this chapter do not apply to offers or dispositions of

20  interests in lots, parcels, or units contained in a recorded

21  subdivision plat, or resulting from the subdivision of land in

22  accordance with applicable local land development laws and

23  regulations pursuant to part II of chapter 163, including

24  lots, parcels, units, or interest vested under such part, if

25  all of the following conditions exist:

26         (g)  The contract for purchase or lease contains, and

27  the subdivider complies with, the following provisions:

28         1.  The purchaser must inspect the subdivided land

29  prior to the execution of the contract or lease.

30         2.  The purchaser shall have an absolute right to

31  cancel the contract or lease for any reason whatsoever for a

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    Florida Senate - 2004                           CS for SB 1402
    315-2298-04




 1  period of 7 business days following the date on which the

 2  contract or lease was executed by the purchaser.

 3         3.  In the event the purchaser elects to cancel within

 4  the period provided, all funds or other property paid by the

 5  purchaser shall be refunded without penalty or obligation

 6  within 20 days of the receipt of the notice of cancellation by

 7  the developer.

 8         4.  All funds or for property paid by the purchaser

 9  shall be put in escrow until closing has occurred and the

10  lease or deed has been recorded.

11         5.  Unless otherwise timely canceled, closing shall

12  occur within 180 days of the date of execution of the contract

13  by the purchaser.

14         6.  When title is conveyed, said title shall be

15  conveyed by statutory warranty deed unencumbered by any lien

16  or mortgage except for any first purchase money mortgage given

17  by the purchaser and restrictions, covenants, or easements of

18  record.

19         7.  The subdivider presents to the purchaser the

20  disclosure required by s. 720.3085 s. 689.26 prior to the

21  execution of the contract or lease.

22         (h)  The agreement for deed contains, and the

23  subdivider complies with, the following provisions:

24         1.  The purchaser must inspect the subdivided land

25  prior to the execution of the agreement for deed.

26         2.  The purchaser shall have an absolute right to

27  cancel the agreement for deed for any reason whatsoever for a

28  period of 7 business days following the date on which the

29  agreement for deed was executed by the purchaser.

30         3.  If the purchaser elects to cancel within the period

31  provided, all funds or other property paid by the purchaser

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    Florida Senate - 2004                           CS for SB 1402
    315-2298-04




 1  shall be refunded without penalty or obligation within 20 days

 2  after the receipt of the notice of cancellation by the

 3  developer.

 4         4.  All funds or for property paid by the purchaser

 5  shall be put in escrow until the agreement for deed has been

 6  recorded in the county in which the subdivision is located.

 7         5.  Unless otherwise timely canceled, the agreement for

 8  deed shall be recorded within 180 days after its execution by

 9  the purchaser.

10         6.  Sale of lots in the subdivision shall be restricted

11  solely to residents of the state.

12         7.  The underlying mortgage or other ancillary

13  documents shall contain release provisions for the individual

14  lot purchased.

15         8.  The subdivider presents to the purchaser the

16  disclosure required by s. 720.3085 s. 689.26 prior to the

17  execution of the agreement for deed.

18         Section 4.  This act shall take effect July 1, 2004.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 1402

22                                 

23  The committee substitute amends the disclosure form in s.
    720.3085, F.S.
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