HB 1435

1
A bill to be entitled
2An act relating to real estate; amending s. 163.3202,
3F.S.; providing for the maintenance of information
4pertaining to fees, charges, costs, or other exactions
5charged to real estate by counties or municipalities;
6creating s. 689.29, F.S.; providing for disclosure of the
7information to prospective purchasers of real estate;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (6) is added to section 163.3202,
13Florida Statutes, to read:
14     163.3202  Land development regulations.--
15     (6)  Each county and municipality shall maintain a record
16of all impact fees, innovative charges, costs, fees for
17dedication of lands for any public purpose, local access fees,
18fair share of costs or proportionate-share construction costs,
19or other exactions charged to any property, unit, lot, or parcel
20of property.
21     (a)  This record shall be itemized as to each property,
22unit, lot, or parcel and shall show the costs charged on a per-
23dwelling, per-unit, or per-parcel basis if charged by the local
24government on this basis.
25     (b)  These fees, charges, costs, or exactions shall
26include, but not be limited to, any costs imposed by any land
27use regulation, ordinance, development order, permit, land use
28order, or permission for development of any nature issued to a
29land owner.
30     (c)  If the property, unit, lot, or parcel is within a
31municipal service taxing unit or similar benefit taxing unit,
32the information maintained shall include the taxes, assessments,
33and method for calculating any impact fees for the benefit unit
34attributable to each property, unit, lot, or parcel.
35     (d)  The information shall be made available to the public
36as a public record as defined in chapter 119. The information
37shall be kept and maintained for all properties, units, lots, or
38parcels for which application for permission for development is
39granted pursuant to permit, development order, development
40regulation, or building permit on or after October 1, 2004.
41     Section 2.  Section 689.29, Florida Statutes, is created to
42read:
43     689.29  Disclosure of development costs imposed by local
44governments on property; prospective purchaser to receive
45disclosure at time of or prior to execution of contract.--A
46prospective purchaser of any interest in real property shall be
47provided a written disclosure summary at the time of or prior to
48the execution of the contract for sale of the property which
49shall disclose the costs imposed by any county or municipality
50on the parcel of property as a part of the development order,
51land use regulation, permit, change of land use order,
52permission for development, or zoning category. In addition to
53being disclosed to the prospective purchaser, these costs shall
54be available in as a public record as provided in s.
55163.3202(6). The disclosure required by this section shall apply
56to all contracts for sale of an interest in real property
57executed after January 1, 2005.
58     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.