| 1 | The Justice Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to coastal properties disclosure |
| 7 | statements; amending s. 161.57, F.S.; requiring sellers of |
| 8 | certain coastal properties to give a written disclosure |
| 9 | statement to prospective purchasers; providing language |
| 10 | for the disclosure statement; preserving the |
| 11 | enforceability of certain contracts and title conveyances; |
| 12 | providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 161.57, Florida Statutes, is amended to |
| 17 | read: |
| 18 | 161.57 Coastal properties disclosure statement.-- |
| 19 | (1) The Legislature finds that it is necessary to ensure |
| 20 | that the purchasers of interests in real property located in |
| 21 | coastal areas partially or totally seaward of the coastal |
| 22 | construction control line as defined in s. 161.053 are fully |
| 23 | apprised of the character of the regulation of the real property |
| 24 | in such coastal areas and, in particular, that such lands are |
| 25 | subject to frequent and severe fluctuations. |
| 26 | (2) At or prior to the time a seller and a purchaser both |
| 27 | execute a contract for the sale and purchase of any interest in |
| 28 | real property located either partially or totally seaward of the |
| 29 | coastal construction control line as defined in s. 161.053, the |
| 30 | seller must give a written disclosure statement in the following |
| 31 | form to the prospective purchaser which may be set forth in the |
| 32 | contract or in a separate writing: |
| 33 |
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| 34 | The property being purchased may be subject to coastal |
| 35 | erosion and to federal, state, or local regulations that |
| 36 | govern coastal property, including the delineation of the |
| 37 | coastal construction control line, rigid coastal protection |
| 38 | structures, beach nourishment, and protection of marine |
| 39 | turtles. Additional information can be obtained from the |
| 40 | Florida Department of Environmental Protection, including |
| 41 | whether there are significant erosion conditions associated |
| 42 | with the shoreline of the property being purchased. |
| 43 |
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| 44 | (3)(2) Unless otherwise waived in writing by the |
| 45 | purchaser, at or prior to the closing of any transaction where |
| 46 | an interest in real property located either partially or totally |
| 47 | seaward of the coastal construction control line as defined in |
| 48 | s. 161.053 is being transferred, the seller shall provide to the |
| 49 | purchaser an affidavit, or a survey meeting the requirements of |
| 50 | chapter 472, delineating the location of the coastal |
| 51 | construction control line on the property being transferred. |
| 52 | (4) A seller's failure to deliver the disclosure, |
| 53 | affidavit, or survey required by this section shall not impair |
| 54 | the enforceability of the sale and purchase contract by either |
| 55 | party, create any right of rescission by the purchaser, or |
| 56 | impair the title to any such real property conveyed by the |
| 57 | seller to the purchaser. |
| 58 | Section 2. This act shall take effect July 1, 2006. |