Senate Bill sb0964

    Florida Senate - 2005                                   SB 964

    By Senator Smith





    14-550-05

  1                      A bill to be entitled

  2         An act relating to disclosures in connection

  3         with the sale of coastal property; amending s.

  4         161.57, F.S.; revising requirements for the

  5         disclosures that must be provided by a seller

  6         of coastal property to the purchaser; requiring

  7         notice that the coastal property is subject to

  8         erosion and certain environmental laws;

  9         requiring that the seller determine if the

10         property is critically eroding and, if so,

11         notify the purchaser of the hazards; providing

12         an effective date.

13  

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

15  

16         Section 1.  Section 161.57, Florida Statutes, is

17  amended to read:

18         161.57  Coastal properties disclosure statement.--

19         (1)  The Legislature finds that it is necessary to

20  ensure that the purchasers of interests in real property

21  located in coastal areas partially or totally seaward of the

22  coastal construction control line as defined in s. 161.053 are

23  fully apprised of the character of the regulation of the real

24  property in such coastal areas and, in particular, that such

25  lands are subject to frequent and severe fluctuations that may

26  prove hazardous to coastal structures and human life.

27         (2)  Before an offer is accepted by the seller in

28  Unless otherwise waived in writing by the purchaser, at or

29  prior to the closing of any transaction where an interest in

30  real property located either partially or totally seaward of

31  

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






    Florida Senate - 2005                                   SB 964
    14-550-05




 1  the coastal construction control line as defined in s. 161.053

 2  is being transferred, the seller shall:

 3         (a)  Provide to the purchaser:

 4         1.  An affidavit stating that the property being

 5  transferred may be subject to coastal erosion and to federal,

 6  state, or local environmental laws that regulate coastal

 7  property, including delineation of the location of the coastal

 8  construction control line;, or

 9         2.  A survey meeting the requirements of chapter 472,

10  delineating the location of the coastal construction control

11  line on the property being transferred.

12         (b)  Provide to the purchaser an affidavit stating that

13  the state and local government do not guarantee the right to

14  rigid coastal armoring or to beach nourishment of the property

15  being transferred, and that the nesting of marine turtles, the

16  presence of the hatchlings or nests of marine turtles, or

17  other environmental concerns associated with the property

18  being transferred may affect the permitting of rigid coastal

19  armoring and beach nourishment.

20         (c)  Determine whether the property being transferred

21  is designated by the department as critically eroding, and, if

22  so, provide to the purchaser an affidavit stating that the

23  property is critically eroding and that critical erosion may

24  prove hazardous to coastal structures and human life.

25         Section 2.  This act shall take effect July 1, 2005.

26  

27            *****************************************

28                          SENATE SUMMARY

29    Revises requirements mandating disclosures by a seller of
      coastal properties to the buyer. Requires additional
30    disclosures by a seller of the possibility of erosion and
      the applicability of environmental laws.
31  

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