Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 1032
Ì380858QÎ380858
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/10/2014 .
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following:
1 Senate Amendment (with title amendment)
2
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 689.29, Florida Statutes, is created to
7 read:
8 689.29 Disclosure of subsurface rights to prospective
9 purchaser.—
10 (1) The seller must provide a prospective purchaser of
11 residential property with a disclosure summary at or before the
12 execution of the contract for sale if any of the subsurface
13 rights or right of re-entry are or will be severed or retained
14 by the seller. The disclosure summary must be conspicuous, in
15 boldfaced type, and in a form substantially similar to the
16 following:
17
18 SUBSURFACE RIGHTS
19 DISCLOSURE SUMMARY
20
21 SUBSURFACE RIGHTS ARE OR WILL BE SEVERED FROM THE TITLE TO REAL
22 PROPERTY BY CONVEYANCE (DEED) OF THE SUBSURFACE RIGHTS FROM THE
23 OWNER OR BY RESERVATION OF THE SUBSURFACE RIGHTS BY THE OWNER.
24 WHEN SUBSURFACE RIGHTS ARE SEVERED FROM THE PROPERTY, THE OWNER
25 OF THOSE RIGHTS MAY HAVE THE PERPETUAL RIGHT TO DRILL, MINE,
26 EXPLORE, AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM
27 THE PROPERTY EITHER DIRECTLY FROM THE SURFACE OF THE PROPERTY OR
28 FROM A NEARBY LOCATION.
29
30 ...(Buyer Initials)...
31
32 (2) The disclosure summary must be included in the contract
33 for sale or attached to the contract for sale. If attached, the
34 contract for sale must refer to and incorporate by reference the
35 disclosure summary and must include, in prominent language, a
36 statement that the potential purchaser should not execute the
37 contract until he or she has read the disclosure summary
38 required under this section.
39 (3) As used in this section, the term “subsurface rights”
40 means the rights to all minerals, mineral fuels, and other
41 resources, including, but not limited to, oil, gas, coal, oil
42 shale, uranium, metals, and phosphate, whether or not it may be
43 mixed with any other substance, found, or located beneath the
44 surface of the earth.
45 (4) As used in this section, the term “seller” means any
46 seller of real property which, at the time of sale, is zoned for
47 residential use and is property upon which a new dwelling is
48 being constructed, is to be constructed, or has been constructed
49 since the last transfer of the property.
50 Section 2. This act shall take effect July 1, 2014.
51
52 ================= T I T L E A M E N D M E N T ================
53 And the title is amended as follows:
54 Delete everything before the enacting clause
55 and insert:
56 A bill to be entitled
57 An act relating to subsurface rights; creating s.
58 689.29, F.S.; requiring a seller to provide a
59 prospective purchaser with a subsurface rights
60 disclosure summary; providing the form for the
61 disclosure summary; requiring the disclosure summary
62 to be included in the contract for sale or attached to
63 the contract for sale; defining the term “subsurface
64 rights”; defining the term “seller”; providing an
65 effective date.