HB 1359

1
A bill to be entitled
2An act relating to hazard mitigation for coastal
3redevelopment; amending s. 161.085, F.S.; specifying
4entities that are authorized to install or authorize
5installation of rigid coastal armoring structures;
6authorizing the Department of Environmental Protection to
7revoke certain authority; amending s. 163.3178, F.S.;
8requiring the Division of Emergency Management to manage
9certain hurricane evacuation studies; requiring that such
10studies be performed in a specified manner; amending s.
11381.0065, F.S.; requiring the issuance of certain permits
12by the Department of Health to be contingent upon the
13receipt of certain permits issued by the Department of
14Environmental Protection; creating s. 689.264, F.S.;
15requiring disclosure of property location within a
16hurricane evacuation zone to prospective purchaser;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsection (3) of section 161.085, Florida
22Statutes, is amended, and subsection (8) is added to that
23section, to read:
24     161.085  Rigid coastal armoring structures.--
25     (3)  If erosion occurs as a result of a storm event which
26threatens private structures or public infrastructure and a
27permit has not been issued pursuant to subsection (2), unless
28the authority has been revoked by order of the department
29pursuant to subsection (8), an the agency, political
30subdivision, or municipality having jurisdiction over the
31impacted area may install or authorize installation of rigid
32coastal armoring structures for the protection of private
33structures or public infrastructure, or take other measures to
34relieve the threat to private structures or public
35infrastructure as long as the following items are considered and
36incorporated into such emergency measures:
37     (a)  Protection of the beach-dune system.
38     (b)  Siting and design criteria for the protective
39structure.
40     (c)  Impacts on adjacent properties.
41     (d)  Preservation of public beach access.
42     (e)  Protection of native coastal vegetation and nesting
43marine turtles and their hatchlings.
44     (8)  If an agency, political subdivision, or municipality
45installs or authorizes installation of a rigid coastal armoring
46structure that does not comply with subsection (3), and if the
47department determines that the action harms or interferes with
48the protection of the beach-dune system, adversely impacts
49adjacent properties, interferes with public beach access, or
50harms native coastal vegetation or nesting marine turtles or
51their hatchlings, the department may revoke by order the
52authority of the agency, political subdivision, or municipality
53under subsection (3) to install or authorize the installation of
54rigid coastal armoring structures.
55     Section 2.  Paragraph (h) of subsection (2) of section
56163.3178, Florida Statutes, is amended to read:
57     163.3178  Coastal management.--
58     (2)  Each coastal management element required by s.
59163.3177(6)(g) shall be based on studies, surveys, and data; be
60consistent with coastal resource plans prepared and adopted
61pursuant to general or special law; and contain:
62     (h)  Designation of high-hazard coastal areas, which for
63uniformity and planning purposes herein, are defined as category
641 evacuation zones. Category 1 evacuation zones are based on the
65regional hurricane evacuation studies. The Division of Emergency
66Management is responsible for managing the update of the
67regional hurricane evacuation studies and ensuring that such
68studies are done in a consistent manner using the methodology
69for modeling storm surge that is used by the National Hurricane
70Center. However, Application of mitigation and redevelopment
71policies, pursuant to s. 380.27(2), and any rules adopted
72thereunder, shall be at the discretion of local government.
73     Section 3.  Subsection (4) of section 381.0065, Florida
74Statutes, is amended to read:
75     381.0065  Onsite sewage treatment and disposal systems;
76regulation.--
77     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
78not construct, repair, modify, abandon, or operate an onsite
79sewage treatment and disposal system without first obtaining a
80permit approved by the department. The department may issue
81permits to carry out this section, but shall not make the
82issuance of such permits contingent upon prior approval by the
83Department of Environmental Protection, except that the issuance
84of a permit for work seaward of the coastal construction control
85line established under s. 161.053 shall be contingent upon
86receipt of any required coastal construction control line permit
87from the Department of Environmental Protection. A construction
88permit is valid for 18 months from the issuance date and may be
89extended by the department for one 90-day period under rules
90adopted by the department. A repair permit is valid for 90 days
91from the date of issuance. An operating permit must be obtained
92prior to the use of any aerobic treatment unit or if the
93establishment generates commercial waste. Buildings or
94establishments that use an aerobic treatment unit or generate
95commercial waste shall be inspected by the department at least
96annually to assure compliance with the terms of the operating
97permit. The operating permit for a commercial wastewater system
98is valid for 1 year from the date of issuance and must be
99renewed annually. The operating permit for an aerobic treatment
100unit is valid for 2 years from the date of issuance and must be
101renewed every 2 years. If all information pertaining to the
102siting, location, and installation conditions or repair of an
103onsite sewage treatment and disposal system remains the same, a
104construction or repair permit for the onsite sewage treatment
105and disposal system may be transferred to another person, if the
106transferee files, within 60 days after the transfer of
107ownership, an amended application providing all corrected
108information and proof of ownership of the property. There is no
109fee associated with the processing of this supplemental
110information. A person may not contract to construct, modify,
111alter, repair, service, abandon, or maintain any portion of an
112onsite sewage treatment and disposal system without being
113registered under part III of chapter 489. A property owner who
114personally performs construction, maintenance, or repairs to a
115system serving his or her own owner-occupied single-family
116residence is exempt from registration requirements for
117performing such construction, maintenance, or repairs on that
118residence, but is subject to all permitting requirements. A
119municipality or political subdivision of the state may not issue
120a building or plumbing permit for any building that requires the
121use of an onsite sewage treatment and disposal system unless the
122owner or builder has received a construction permit for such
123system from the department. A building or structure may not be
124occupied and a municipality, political subdivision, or any state
125or federal agency may not authorize occupancy until the
126department approves the final installation of the onsite sewage
127treatment and disposal system. A municipality or political
128subdivision of the state may not approve any change in occupancy
129or tenancy of a building that uses an onsite sewage treatment
130and disposal system until the department has reviewed the use of
131the system with the proposed change, approved the change, and
132amended the operating permit.
133     (a)  Subdivisions and lots in which each lot has a minimum
134area of at least one-half acre and either a minimum dimension of
135100 feet or a mean of at least 100 feet of the side bordering
136the street and the distance formed by a line parallel to the
137side bordering the street drawn between the two most distant
138points of the remainder of the lot may be developed with a water
139system regulated under s. 381.0062 and onsite sewage treatment
140and disposal systems, provided the projected daily sewage flow
141does not exceed an average of 1,500 gallons per acre per day,
142and provided satisfactory drinking water can be obtained and all
143distance and setback, soil condition, water table elevation, and
144other related requirements of this section and rules adopted
145under this section can be met.
146     (b)  Subdivisions and lots using a public water system as
147defined in s. 403.852 may use onsite sewage treatment and
148disposal systems, provided there are no more than four lots per
149acre, provided the projected daily sewage flow does not exceed
150an average of 2,500 gallons per acre per day, and provided that
151all distance and setback, soil condition, water table elevation,
152and other related requirements that are generally applicable to
153the use of onsite sewage treatment and disposal systems are met.
154     (c)  Notwithstanding the provisions of paragraphs (a) and
155(b), for subdivisions platted of record on or before October 1,
1561991, when a developer or other appropriate entity has
157previously made or makes provisions, including financial
158assurances or other commitments, acceptable to the Department of
159Health, that a central water system will be installed by a
160regulated public utility based on a density formula, private
161potable wells may be used with onsite sewage treatment and
162disposal systems until the agreed-upon densities are reached.
163The department may consider assurances filed with the Department
164of Business and Professional Regulation under chapter 498 in
165determining the adequacy of the financial assurance required by
166this paragraph. In a subdivision regulated by this paragraph,
167the average daily sewage flow may not exceed 2,500 gallons per
168acre per day. This section does not affect the validity of
169existing prior agreements. After October 1, 1991, the exception
170provided under this paragraph is not available to a developer or
171other appropriate entity.
172     (d)  Paragraphs (a) and (b) do not apply to any proposed
173residential subdivision with more than 50 lots or to any
174proposed commercial subdivision with more than 5 lots where a
175publicly owned or investor-owned sewerage system is available.
176It is the intent of this paragraph not to allow development of
177additional proposed subdivisions in order to evade the
178requirements of this paragraph.
179     (e)  Onsite sewage treatment and disposal systems must not
180be placed closer than:
181     1.  Seventy-five feet from a private potable well.
182     2.  Two hundred feet from a public potable well serving a
183residential or nonresidential establishment having a total
184sewage flow of greater than 2,000 gallons per day.
185     3.  One hundred feet from a public potable well serving a
186residential or nonresidential establishment having a total
187sewage flow of less than or equal to 2,000 gallons per day.
188     4.  Fifty feet from any nonpotable well.
189     5.  Ten feet from any storm sewer pipe, to the maximum
190extent possible, but in no instance shall the setback be less
191than 5 feet.
192     6.  Seventy-five feet from the mean high-water line of a
193tidally influenced surface water body.
194     7.  Seventy-five feet from the mean annual flood line of a
195permanent nontidal surface water body.
196     8.  Fifteen feet from the design high-water line of
197retention areas, detention areas, or swales designed to contain
198standing or flowing water for less than 72 hours after a
199rainfall or the design high-water level of normally dry drainage
200ditches or normally dry individual lot stormwater retention
201areas.
202     (f)  Except as provided under paragraphs (e) and (t), no
203limitations shall be imposed by rule, relating to the distance
204between an onsite disposal system and any area that either
205permanently or temporarily has visible surface water.
206     (g)  All provisions of this section and rules adopted under
207this section relating to soil condition, water table elevation,
208distance, and other setback requirements must be equally applied
209to all lots, with the following exceptions:
210     1.  Any residential lot that was platted and recorded on or
211after January 1, 1972, or that is part of a residential
212subdivision that was approved by the appropriate permitting
213agency on or after January 1, 1972, and that was eligible for an
214onsite sewage treatment and disposal system construction permit
215on the date of such platting and recording or approval shall be
216eligible for an onsite sewage treatment and disposal system
217construction permit, regardless of when the application for a
218permit is made. If rules in effect at the time the permit
219application is filed cannot be met, residential lots platted and
220recorded or approved on or after January 1, 1972, shall, to the
221maximum extent possible, comply with the rules in effect at the
222time the permit application is filed. At a minimum, however,
223those residential lots platted and recorded or approved on or
224after January 1, 1972, but before January 1, 1983, shall comply
225with those rules in effect on January 1, 1983, and those
226residential lots platted and recorded or approved on or after
227January 1, 1983, shall comply with those rules in effect at the
228time of such platting and recording or approval. In determining
229the maximum extent of compliance with current rules that is
230possible, the department shall allow structures and
231appurtenances thereto which were authorized at the time such
232lots were platted and recorded or approved.
233     2.  Lots platted before 1972 are subject to a 50-foot
234minimum surface water setback and are not subject to lot size
235requirements. The projected daily flow for onsite sewage
236treatment and disposal systems for lots platted before 1972 may
237not exceed:
238     a.  Two thousand five hundred gallons per acre per day for
239lots served by public water systems as defined in s. 403.852.
240     b.  One thousand five hundred gallons per acre per day for
241lots served by water systems regulated under s. 381.0062.
242     (h)1.  The department may grant variances in hardship cases
243which may be less restrictive than the provisions specified in
244this section. If a variance is granted and the onsite sewage
245treatment and disposal system construction permit has been
246issued, the variance may be transferred with the system
247construction permit, if the transferee files, within 60 days
248after the transfer of ownership, an amended construction permit
249application providing all corrected information and proof of
250ownership of the property and if the same variance would have
251been required for the new owner of the property as was
252originally granted to the original applicant for the variance.
253There is no fee associated with the processing of this
254supplemental information. A variance may not be granted under
255this section until the department is satisfied that:
256     a.  The hardship was not caused intentionally by the action
257of the applicant;
258     b.  No reasonable alternative, taking into consideration
259factors such as cost, exists for the treatment of the sewage;
260and
261     c.  The discharge from the onsite sewage treatment and
262disposal system will not adversely affect the health of the
263applicant or the public or significantly degrade the groundwater
264or surface waters.
265
266Where soil conditions, water table elevation, and setback
267provisions are determined by the department to be satisfactory,
268special consideration must be given to those lots platted before
2691972.
270     2.  The department shall appoint and staff a variance
271review and advisory committee, which shall meet monthly to
272recommend agency action on variance requests. The committee
273shall make its recommendations on variance requests at the
274meeting in which the application is scheduled for consideration,
275except for an extraordinary change in circumstances, the receipt
276of new information that raises new issues, or when the applicant
277requests an extension. The committee shall consider the criteria
278in subparagraph 1. in its recommended agency action on variance
279requests and shall also strive to allow property owners the full
280use of their land where possible. The committee consists of the
281following:
282     a.  The Division Director for Environmental Health of the
283department or his or her designee.
284     b.  A representative from the county health departments.
285     c.  A representative from the home building industry
286recommended by the Florida Home Builders Association.
287     d.  A representative from the septic tank industry
288recommended by the Florida Onsite Wastewater Association.
289     e.  A representative from the Department of Environmental
290Protection.
291     f.  A representative from the real estate industry who is
292also a developer in this state who develops lots using onsite
293sewage treatment and disposal systems, recommended by the
294Florida Association of Realtors.
295     g.  A representative from the engineering profession
296recommended by the Florida Engineering Society.
297
298Members shall be appointed for a term of 3 years, with such
299appointments being staggered so that the terms of no more than
300two members expire in any one year. Members shall serve without
301remuneration, but if requested, shall be reimbursed for per diem
302and travel expenses as provided in s. 112.061.
303     (i)  A construction permit may not be issued for an onsite
304sewage treatment and disposal system in any area zoned or used
305for industrial or manufacturing purposes, or its equivalent,
306where a publicly owned or investor-owned sewage treatment system
307is available, or where a likelihood exists that the system will
308receive toxic, hazardous, or industrial waste. An existing
309onsite sewage treatment and disposal system may be repaired if a
310publicly owned or investor-owned sewerage system is not
311available within 500 feet of the building sewer stub-out and if
312system construction and operation standards can be met. This
313paragraph does not require publicly owned or investor-owned
314sewerage treatment systems to accept anything other than
315domestic wastewater.
316     1.  A building located in an area zoned or used for
317industrial or manufacturing purposes, or its equivalent, when
318such building is served by an onsite sewage treatment and
319disposal system, must not be occupied until the owner or tenant
320has obtained written approval from the department. The
321department shall not grant approval when the proposed use of the
322system is to dispose of toxic, hazardous, or industrial
323wastewater or toxic or hazardous chemicals.
324     2.  Each person who owns or operates a business or facility
325in an area zoned or used for industrial or manufacturing
326purposes, or its equivalent, or who owns or operates a business
327that has the potential to generate toxic, hazardous, or
328industrial wastewater or toxic or hazardous chemicals, and uses
329an onsite sewage treatment and disposal system that is installed
330on or after July 5, 1989, must obtain an annual system operating
331permit from the department. A person who owns or operates a
332business that uses an onsite sewage treatment and disposal
333system that was installed and approved before July 5, 1989, need
334not obtain a system operating permit. However, upon change of
335ownership or tenancy, the new owner or operator must notify the
336department of the change, and the new owner or operator must
337obtain an annual system operating permit, regardless of the date
338that the system was installed or approved.
339     3.  The department shall periodically review and evaluate
340the continued use of onsite sewage treatment and disposal
341systems in areas zoned or used for industrial or manufacturing
342purposes, or its equivalent, and may require the collection and
343analyses of samples from within and around such systems. If the
344department finds that toxic or hazardous chemicals or toxic,
345hazardous, or industrial wastewater have been or are being
346disposed of through an onsite sewage treatment and disposal
347system, the department shall initiate enforcement actions
348against the owner or tenant to ensure adequate cleanup,
349treatment, and disposal.
350     (j)  An onsite sewage treatment and disposal system for a
351single-family residence that is designed by a professional
352engineer registered in the state and certified by such engineer
353as complying with performance criteria adopted by the department
354must be approved by the department subject to the following:
355     1.  The performance criteria applicable to engineer-
356designed systems must be limited to those necessary to ensure
357that such systems do not adversely affect the public health or
358significantly degrade the groundwater or surface water. Such
359performance criteria shall include consideration of the quality
360of system effluent, the proposed total sewage flow per acre,
361wastewater treatment capabilities of the natural or replaced
362soil, water quality classification of the potential surface-
363water-receiving body, and the structural and maintenance
364viability of the system for the treatment of domestic
365wastewater. However, performance criteria shall address only the
366performance of a system and not a system's design.
367     2.  The technical review and advisory panel shall assist
368the department in the development of performance criteria
369applicable to engineer-designed systems.
370     3.  A person electing to utilize an engineer-designed
371system shall, upon completion of the system design, submit such
372design, certified by a registered professional engineer, to the
373county health department. The county health department may
374utilize an outside consultant to review the engineer-designed
375system, with the actual cost of such review to be borne by the
376applicant. Within 5 working days after receiving an engineer-
377designed system permit application, the county health department
378shall request additional information if the application is not
379complete. Within 15 working days after receiving a complete
380application for an engineer-designed system, the county health
381department either shall issue the permit or, if it determines
382that the system does not comply with the performance criteria,
383shall notify the applicant of that determination and refer the
384application to the department for a determination as to whether
385the system should be approved, disapproved, or approved with
386modification. The department engineer's determination shall
387prevail over the action of the county health department. The
388applicant shall be notified in writing of the department's
389determination and of the applicant's rights to pursue a variance
390or seek review under the provisions of chapter 120.
391     4.  The owner of an engineer-designed performance-based
392system must maintain a current maintenance service agreement
393with a maintenance entity permitted by the department. The
394maintenance entity shall obtain a biennial system operating
395permit from the department for each system under service
396contract. The department shall inspect the system at least
397annually, or on such periodic basis as the fee collected
398permits, and may collect system-effluent samples if appropriate
399to determine compliance with the performance criteria. The fee
400for the biennial operating permit shall be collected beginning
401with the second year of system operation. The maintenance entity
402shall inspect each system at least twice each year and shall
403report quarterly to the department on the number of systems
404inspected and serviced.
405     5.  If an engineer-designed system fails to properly
406function or fails to meet performance standards, the system
407shall be re-engineered, if necessary, to bring the system into
408compliance with the provisions of this section.
409     (k)  An innovative system may be approved in conjunction
410with an engineer-designed site-specific system which is
411certified by the engineer to meet the performance-based criteria
412adopted by the department.
413     (l)  For the Florida Keys, the department shall adopt a
414special rule for the construction, installation, modification,
415operation, repair, maintenance, and performance of onsite sewage
416treatment and disposal systems which considers the unique soil
417conditions and which considers water table elevations,
418densities, and setback requirements. On lots where a setback
419distance of 75 feet from surface waters, saltmarsh, and
420buttonwood association habitat areas cannot be met, an injection
421well, approved and permitted by the department, may be used for
422disposal of effluent from onsite sewage treatment and disposal
423systems.
424     (m)  No product sold in the state for use in onsite sewage
425treatment and disposal systems may contain any substance in
426concentrations or amounts that would interfere with or prevent
427the successful operation of such system, or that would cause
428discharges from such systems to violate applicable water quality
429standards. The department shall publish criteria for products
430known or expected to meet the conditions of this paragraph. In
431the event a product does not meet such criteria, such product
432may be sold if the manufacturer satisfactorily demonstrates to
433the department that the conditions of this paragraph are met.
434     (n)  Evaluations for determining the seasonal high-water
435table elevations or the suitability of soils for the use of a
436new onsite sewage treatment and disposal system shall be
437performed by department personnel, professional engineers
438registered in the state, or such other persons with expertise,
439as defined by rule, in making such evaluations. Evaluations for
440determining mean annual flood lines shall be performed by those
441persons identified in paragraph (2)(i). The department shall
442accept evaluations submitted by professional engineers and such
443other persons as meet the expertise established by this section
444or by rule unless the department has a reasonable scientific
445basis for questioning the accuracy or completeness of the
446evaluation.
447     (o)  The department shall appoint a research review and
448advisory committee, which shall meet at least semiannually. The
449committee shall advise the department on directions for new
450research, review and rank proposals for research contracts, and
451review draft research reports and make comments. The committee
452is comprised of:
453     1.  A representative of the Division of Environmental
454Health of the Department of Health.
455     2.  A representative from the septic tank industry.
456     3.  A representative from the home building industry.
457     4.  A representative from an environmental interest group.
458     5.  A representative from the State University System, from
459a department knowledgeable about onsite sewage treatment and
460disposal systems.
461     6.  A professional engineer registered in this state who
462has work experience in onsite sewage treatment and disposal
463systems.
464     7.  A representative from the real estate profession.
465     8.  A representative from the restaurant industry.
466     9.  A consumer.
467
468Members shall be appointed for a term of 3 years, with the
469appointments being staggered so that the terms of no more than
470four members expire in any one year. Members shall serve without
471remuneration, but are entitled to reimbursement for per diem and
472travel expenses as provided in s. 112.061.
473     (p)  An application for an onsite sewage treatment and
474disposal system permit shall be completed in full, signed by the
475owner or the owner's authorized representative, or by a
476contractor licensed under chapter 489, and shall be accompanied
477by all required exhibits and fees. No specific documentation of
478property ownership shall be required as a prerequisite to the
479review of an application or the issuance of a permit. The
480issuance of a permit does not constitute determination by the
481department of property ownership.
482     (q)  The department may not require any form of subdivision
483analysis of property by an owner, developer, or subdivider prior
484to submission of an application for an onsite sewage treatment
485and disposal system.
486     (r)  Nothing in this section limits the power of a
487municipality or county to enforce other laws for the protection
488of the public health and safety.
489     (s)  In the siting of onsite sewage treatment and disposal
490systems, including drainfields, shoulders, and slopes, guttering
491shall not be required on single-family residential dwelling
492units for systems located greater than 5 feet from the roof drip
493line of the house. If guttering is used on residential dwelling
494units, the downspouts shall be directed away from the
495drainfield.
496     (t)  Notwithstanding the provisions of subparagraph (g)1.,
497onsite sewage treatment and disposal systems located in
498floodways of the Suwannee and Aucilla Rivers must adhere to the
499following requirements:
500     1.  The absorption surface of the drainfield shall not be
501subject to flooding based on 10-year flood elevations. Provided,
502however, for lots or parcels created by the subdivision of land
503in accordance with applicable local government regulations prior
504to January 17, 1990, if an applicant cannot construct a
505drainfield system with the absorption surface of the drainfield
506at an elevation equal to or above 10-year flood elevation, the
507department shall issue a permit for an onsite sewage treatment
508and disposal system within the 10-year floodplain of rivers,
509streams, and other bodies of flowing water if all of the
510following criteria are met:
511     a.  The lot is at least one-half acre in size;
512     b.  The bottom of the drainfield is at least 36 inches
513above the 2-year flood elevation; and
514     c.  The applicant installs either: a waterless,
515incinerating, or organic waste composting toilet and a graywater
516system and drainfield in accordance with department rules; an
517aerobic treatment unit and drainfield in accordance with
518department rules; a system approved by the State Health Office
519that is capable of reducing effluent nitrate by at least 50
520percent; or a system approved by the county health department
521pursuant to department rule other than a system using
522alternative drainfield materials. The United States Department
523of Agriculture Soil Conservation Service soil maps, State of
524Florida Water Management District data, and Federal Emergency
525Management Agency Flood Insurance maps are resources that shall
526be used to identify flood-prone areas.
527     2.  The use of fill or mounding to elevate a drainfield
528system out of the 10-year floodplain of rivers, streams, or
529other bodies of flowing water shall not be permitted if such a
530system lies within a regulatory floodway of the Suwannee and
531Aucilla Rivers. In cases where the 10-year flood elevation does
532not coincide with the boundaries of the regulatory floodway, the
533regulatory floodway will be considered for the purposes of this
534subsection to extend at a minimum to the 10-year flood
535elevation.
536     (u)  The owner of an aerobic treatment unit system shall
537maintain a current maintenance service agreement with an aerobic
538treatment unit maintenance entity permitted by the department.
539The maintenance entity shall obtain a system operating permit
540from the department for each aerobic treatment unit under
541service contract. The maintenance entity shall inspect each
542aerobic treatment unit system at least twice each year and shall
543report quarterly to the department on the number of aerobic
544treatment unit systems inspected and serviced. The owner shall
545allow the department to inspect during reasonable hours each
546aerobic treatment unit system at least annually, and such
547inspection may include collection and analysis of system-
548effluent samples for performance criteria established by rule of
549the department.
550     (v)  The department may require the submission of detailed
551system construction plans that are prepared by a professional
552engineer registered in this state. The department shall
553establish by rule criteria for determining when such a
554submission is required.
555     Section 4.  Section 689.264, Florida Statutes, is created
556to read:
557     689.264  Sale of real property; disclosure of property
558location in a hurricane evacuation zone to prospective
559purchaser.--
560     (1)  A prospective purchaser of real property located in a
561hurricane evacuation zone must be presented a disclosure summary
562at or before execution of the contract for sale. Unless a
563substantially similar disclosure summary is included in the
564contract for sale, a separate disclosure summary must be
565attached to the contract for sale. The disclosure summary,
566whether separate or included in the contract, must be in a form
567substantially similar to the following:
568
569
PROPERTY IN HURRICANE EVACUATION ZONE
570
DISCLOSURE SUMMARY
571
572ALL OR A PORTION OF THIS PROPERTY CURRENTLY LIES
573WITHIN THE CATEGORY (INSERT ZONE(S)) HURRICANE
574EVACUATION ZONE(S) DESIGNATED BY THE COUNTY EMERGENCY
575MANAGEMENT DEPARTMENT. THIS DESIGNATION MAY REQUIRE
576OCCUPANTS OF THE PROPERTY TO EVACUATE DURING AN
577IMPENDING TROPICAL STORM OR HURRICANE EVENT. AS THIS
578DESIGNATION IS SUBJECT TO CHANGE, YOU SHOULD VERIFY
579YOUR HURRICANE EVACUATION ZONE DESIGNATION PRIOR TO
580THE START OF EACH HURRICANE SEASON. IF YOU HAVE ANY
581QUESTIONS REGARDING THIS DISCLOSURE, CONTACT THE
582COUNTY EMERGENCY MANAGEMENT AGENCY FOR INFORMATION.
583
584     (2)  Unless included in the contract, the disclosure
585summary must be provided by the seller. If the disclosure
586summary is not included in the contract for sale, the contract
587for sale must refer to and incorporate by reference the
588disclosure summary and include in prominent language a statement
589that the potential purchaser should not execute the contract
590until the disclosure summary required by this section has been
591read.
592     Section 5.  This act shall take effect upon becoming a law.


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