HB 1621

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

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