Senate Bill sb1948

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    Florida Senate - 2006                                  SB 1948

    By Senator Smith





    14-1236-06

  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; providing

  7         that failure to deliver a disclosure,

  8         affidavit, or survey does not create a right of

  9         rescission or impair title to the property;

10         providing an effective date.

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

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14         Section 1.  Section 161.57, Florida Statutes, is

15  amended to read:

16         161.57  Coastal properties disclosure statement.--

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

18  ensure that the purchasers of interests in real property

19  located in coastal areas partially or totally seaward of the

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

21  fully apprised of the character of the regulation of the real

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

23  lands are subject to frequent and severe fluctuations.

24         (2)  At or prior to the time a seller and a purchaser

25  both execute a contract for sale and purchase of any interest

26  in real property located partially or totally seaward of the

27  coastal construction control line as defined in s. 161.053,

28  the seller must give a written disclosure statement in the

29  following form to the prospective purchaser which may be set

30  forth in the contract or in a separate writing:

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    Florida Senate - 2006                                  SB 1948
    14-1236-06




 1         The property being purchased may be subject to

 2         coastal erosion and to federal, state, or local

 3         regulations that govern coastal property,

 4         including the delineation of the coastal

 5         construction control line, rigid coastal

 6         protection structures, beach nourishment, and

 7         the protection of marine turtles. Additional

 8         information can be obtained from the Florida

 9         Department of Environmental Protection,

10         including whether there are significant erosion

11         conditions associated with the shoreline of the

12         property being purchased.

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14         (3)(2)  Unless otherwise waived in writing by the

15  purchaser, at or prior to the closing of any transaction where

16  an interest in real property located either partially or

17  totally seaward of the coastal construction control line as

18  defined in s. 161.053 is being transferred, the seller shall

19  provide to the purchaser an affidavit, or a survey meeting the

20  requirements of chapter 472, delineating the location of the

21  coastal construction control line on the property being

22  transferred.

23         (4)  A seller's failure to deliver the disclosure,

24  affidavit, or survey required by this section does not impair

25  the enforceability of the sale and purchase contract by either

26  party, create any right of rescission by the purchaser, or

27  impair the title to any such real property conveyed by the

28  seller to the purchaser.

29         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                  SB 1948
    14-1236-06




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 2                          SENATE SUMMARY

 3    Revises requirements for disclosures that must be
      provided by a seller of coastal property to the
 4    purchaser. Provides for the effect of failure to deliver
      a disclosure, affidavit, or survey.
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