Florida Senate - 2014 SB 1032 By Senator Latvala 20-00779-14 20141032__ 1 A bill to be entitled 2 An act relating to residential property sales; 3 creating s. 689.263, F.S.; defining terms; requiring a 4 seller of residential property to provide written 5 notification to a prospective buyer of the seller’s 6 intent to retain subsurface rights; providing 7 requirements for the form for such notification; 8 specifying a timeframe for rescission of a contract 9 under certain circumstances; specifying the 10 jurisdiction and venue for enforcement; providing 11 penalties; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 689.263, Florida Statutes, is created to 16 read: 17 689.263 Sale of residential property; disclosure of 18 seller’s intent to retain subsurface rights.— 19 (1) As used in this section, the term: 20 (a) “Residential property” includes real estate on which 21 there is located, or will be located, a single-family dwelling, 22 duplex, triplex, quadruplex, or condominium. 23 (b) “Subsurface rights” includes rights to the phosphate, 24 minerals, metals, petroleum, or oil that is or may be in, on, or 25 under land being transferred to the prospective purchaser. 26 (2) Notwithstanding any other provision of law, a seller 27 who intends to retain subsurface rights as part of a contract or 28 deed for the sale of residential property shall provide to the 29 prospective purchaser and, if applicable, his or her real estate 30 agent written notice that the seller intends to retain such 31 property interest. The prospective purchaser must receive a copy 32 of the written notice at least 3 business days before entering 33 into a sales contract for the purchase of the residential 34 property and must acknowledge receipt of the written notice by 35 his or her signature. 36 (3) The written notice required under this section shall be 37 provided on a sheet of paper that is 8 1/2 inches by 11 inches, 38 may not address another subject, must be double-spaced, and must 39 include the following information in a font size of at least 12 40 points: 41 42 RETENTION OF SUBSURFACE RIGHTS 43 44 AS REQUIRED BY FLORIDA LAW, ......(SELLER’S NAME)...... 45 HEREBY PROVIDES 3 BUSINESS DAYS’ NOTICE TO ......(PROSPECTIVE 46 PURCHASER’S NAME)...... THAT THE SELLER, AS PART OF THE TRANSFER 47 OF THE RESIDENTIAL PROPERTY LOCATED AT ......(PROPERTY 48 ADDRESS)......, INTENDS TO SEVER, RETAIN, RESERVE, OR OTHERWISE 49 KEEP CERTAIN SUBSURFACE RIGHTS AS PART OF THE SALE OF THAT 50 PROPERTY. THESE RIGHTS MAY INCLUDE THE RIGHT TO PHOSPHATE, 51 MINERALS, METALS, PETROLEUM, OR OIL THAT MIGHT BE IN, ON, OR 52 UNDER THE RESIDENTIAL PROPERTY. BY THIS NOTICE, THE PROSPECTIVE 53 PURCHASER MAY RENEGOTIATE THE CONTRACT TERMS TO REFLECT THE 54 DIMINUTION OF VALUE RESULTING FROM THE SEVERANCE OF THESE 55 SUBSURFACE PROPERTY INTERESTS. 56 57 (4) A purchaser has 3 business days after the contract or 58 deed is fully executed to rescind the contract or deed if the 59 seller failed to provide the notice as required by this section. 60 The rescission must be provided in writing to the seller. 61 (5) If a court establishes that proper notice as required 62 by this section was not given to the prospective purchaser, the 63 court shall issue an order declaring that the provision in the 64 contract or deed which severed, retained, or reserved the 65 property interest is void. 66 (6) Jurisdiction and venue for enforcement of this section 67 is in the circuit court of the county where the subject real 68 property is located. 69 (7) A seller who knowingly violates this section commits a 70 misdemeanor of the first degree, punishable as provided in s. 71 775.082 or s. 775.083. 72 Section 2. This act shall take effect July 1, 2014.