Senate Bill sb0964c1

    Florida Senate - 2005                            CS for SB 964

    By the Committee on Environmental Preservation; and Senators
    Smith and Dockery




    592-1832-05

  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  

                                  1

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






    Florida Senate - 2005                            CS for SB 964
    592-1832-05




 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 an affidavit, or a survey

 4  meeting the requirements of chapter 472, delineating the

 5  location of the coastal construction control line on the

 6  property being transferred.

 7         (b)  Provide to the purchaser an affidavit stating:

 8         1.  That the real property being transferred may be

 9  subject to coastal erosion and to federal, state, or local

10  laws that regulate coastal property;

11         2.  That the Department of Environmental Protection has

12  designated areas of the coastline as critically eroding, that

13  critical erosion may prove hazardous to coastal structures,

14  and that information about whether the property being

15  transferred is located in an area that has been designated as

16  critically eroding can be obtained by contacting the

17  department's Bureau of Beaches and Coastal Systems; and

18         3.  That the nesting of marine turtles, the presence of

19  the hatchlings or nests of marine turtles, or other

20  environmental concerns associated with the property being

21  transferred may affect the permitting of rigid coastal

22  armoring.

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

24  

25          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
26                         Senate Bill 964

27                                 

28  The committee substitute clarifies the disclosure
    requirements, created within the original bill, that sellers
29  of coastal properties must provide to buyers.

30  

31  

                                  2

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