HB 1015 — Flood Disclosures

(1) Seller is ☐ is not ☐ aware of damage to the property caused by flooding during the Seller's Page 54 of 189 CODING:

hb1015-02-c2hb1015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1015 2025 ownership(1) ofSeller has ☐ has not ☐ filed a claim with an insurance provider relating to flood damage on the property.property, including, but not limited to, a claim with the National Flood Insurance Program.

(2)(1)(2) Seller has ☐ has not ☐ filedreceived afederal claimassistance withfor an insurance provider relating to flood damage onto the property, including, but not limited to, aassistance claimfrom with the NationalFederal FloodEmergency InsuranceManagement Program.Agency.

(3)(2)(3) Seller hasis ☐ hasis not ☐ receivedaware federalof assistance for flood damage to the property,property including,caused butby notflooding limitedduring to, assistance from the FederalSeller's Emergencyownership Managementof Agency.the property.

voidability.— (1) DEVELOPER DISCLOSURE.— (a) Contents of contracts.—Any contract for the sale of a residential unit or a lease thereof for an unexpired term of Page 65 of 189 CODING:

hb1015-02-c2hb1015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1015 2025 residential unit or a lease thereof for an unexpired term of more than 5 years shall:

FIGURES CONTAINED IN ANY BUDGET DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE CONDOMINIUM ACT ARE ESTIMATES ONLY AND REPRESENT AN APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION PageOF 7THE ofBUDGET 18BY CODING:THE DEVELOPER.

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hb1015-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1015 2025 OF THE BUDGET BY THE DEVELOPER.

ORAL REPRESENTATIONS CANNOT BE RELIEDPage UPON6 ASof CORRECTLY9 STATINGCODING: THE REPRESENTATIONS OF THE DEVELOPER.

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hb1015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1015 2025 RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER.

"THETHE UNIT IS SUBJECT TO A LEASE (OR SUBLEASE)."SUBLEASE). 5.

5.

If the contract is for the sale or lease of a unit that is subject to a lien for rent payable under a lease of a Pagerecreational 8facility ofor 18other CODING:commonly used facility, contain within the text the following statement in conspicuous type:

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hb1015-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1015 2025 recreational facility or other commonly used facility, contain within the text the following statement in conspicuous type:

If the contract is for the sale or transfer of a unit inPage a7 condominiumof in9 whichCODING: timeshare estates have been or may be created, contain within the text in conspicuous type:

"UNITS IN THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES." The contract for the sale of a fee interest in a timeshare estate shall also contain, in conspicuous type, the following:

FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL ASSESSMENTS LEVIED BY TAXING AUTHORITIES AGAINST A FEE INTEREST IN A TIMESHARE ESTATE, THE MANAGING ENTITY IS GENERALLY CONSIDERED THE TAXPAYER UNDER FLORIDA LAW.

YOU HAVE THE RIGHT TO CHALLENGE AN ASSESSMENT BY A TAXING AUTHORITY RELATING TO YOUR TIMESHARE ESTATE PURSUANT TO THE PROVISIONS OF CHAPTER 194, FLORIDA Page 9 of 18 CODING:

hb1015-02-c2hb1015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1015 2025 STATUTES.in a condominium in which timeshare estates have been or may be created, contain within the text in conspicuous type:

9.UNITS IN THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES.

ContainThe withincontract for the textsale theof followinga statementfee interest in a timeshare estate shall also contain, in conspicuous type:type, the following:

HOMEOWNERS'FOR INSURANCETHE POLICIESPURPOSE DOOF NOTAD INCLUDEVALOREM COVERAGETAXES FOROR DAMAGESPECIAL RESULTINGASSESSMENTS FROMLEVIED FLOODING.BY TAXING AUTHORITIES AGAINST A FEE INTEREST IN A TIMESHARE ESTATE, THE MANAGING ENTITY IS GENERALLY CONSIDERED THE TAXPAYER UNDER FLORIDA LAW.

BUYER IS ENCOURAGED TO DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH BUYER'S INSURANCE AGENT.

DEVELOPER IS ☐ IS NOT ☐ AWARE OF DAMAGE TO THE PROPERTY OR COMMON ELEMENTS CAUSED BY FLOODING DURING THE DEVELOPER'S OWNERSHIP OF THE PROPERTY.

DEVELOPER HAS ☐ HAS NOT ☐ FILED A CLAIM WITH AN INSURANCE PROVIDER RELATING TO FLOOD DAMAGE ON THE PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT LIMITED TO, A CLAIM WITH THE NATIONAL FLOOD INSURANCE PROGRAM.

DEVELOPER HAS ☐ HAS NOT ☐ RECEIVED ASSISTANCE FOR FLOOD DAMAGE TO THE PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT LIMITED TO, ASSISTANCE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

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hb1015-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1015 2025 FOR PURPOSES OF THIS DISCLOSURE, THE TERM "FLOODING" MEANS A GENERAL OR TEMPORARY CONDITION OF PARTIAL OR COMPLETE INUNDATION OF THE PROPERTY OR COMMON ELEMENTS CAUSED BY THE OVERFLOW OF INLAND OR TIDAL WATERS;

THE UNUSUAL AND RAPID ACCUMULATION OF RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER SOURCE, SUCH AS A RIVER, STREAM, OR DRAINAGE DITCH;

OR SUSTAINED PERIODS OF STANDING WATER RESULTING FROM RAINFALL.

Section 4.

Paragraph (a) of subsection (1) of section 719.503, Florida Statutes, is amended to read:

719.503 Disclosure prior to sale.— (1) DEVELOPER DISCLOSURE.— (a) Contents of contracts.—Any contracts for the sale of a unit or a lease thereof for an unexpired term of more than 5 years shall contain:

1.

The following legend in conspicuous type:

THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY THE DEVELOPER UNDER SECTION 719.503, FLORIDA STATUTES.

THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL Page 11 of 18 CODING:

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hb1015-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1015 2025 WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO THE BUYER.

ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT.

BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS REQUIRED.

BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING.

FIGURES CONTAINED IN ANY BUDGET DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE COOPERATIVE ACT ARE ESTIMATES ONLY AND REPRESENT AN APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION OF THE BUDGET BY THE DEVELOPER.

ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS.

SUCH CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE OFFERING.

2.

The following caveat in conspicuous type shall be placed upon the first page of the contract:

ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER.

FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS Page 12 of 18 CODING:

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hb1015-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1015 2025 REQUIRED BY SECTION 719.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.

3.

If the unit has been occupied by someone other than the buyer, a statement that the unit has been occupied.

4.

If the contract is for the sale or transfer of a unit subject to a lease, the contract shall include as an exhibit a copy of the executed lease and shall contain within the text in conspicuous type:

"THE UNIT IS SUBJECT TO A LEASE (OR SUBLEASE)." 5.

If the contract is for the lease of a unit for a term of 5 years or more, the contract shall include as an exhibit a copy of the proposed lease.

6.

If the contract is for the sale or lease of a unit that is subject to a lien for rent payable under a lease of a recreational facility or other common areas, the contract shall contain within the text the following statement in conspicuous type:

"THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS SUBJECT TO A LIEN FOR RENT PAYABLE UNDER A LEASE OF COMMON AREAS.

FAILURE TO PAY RENT MAY RESULT IN FORECLOSURE OF THE LIEN." 7.

The contract shall state the name and address of the escrow agent required by s.

719.202 and shall state that the purchaser may obtain a receipt for his or her deposit from the escrow agent, upon request.

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hb1015-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1015 2025 8.

If the contract is for the sale or transfer of a unit in a cooperative in which timeshare estates have been or may be created, the following text in conspicuous type:

"UNITS IN THIS COOPERATIVE ARE SUBJECT TO TIMESHARE ESTATES." The contract for the sale of a timeshare estate must also contain, in conspicuous type, the following:

FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL ASSESSMENTS LEVIED BY TAXING AUTHORITIES AGAINST A TIMESHARE ESTATE, THE MANAGING ENTITY IS GENERALLY CONSIDERED THE TAXPAYER UNDER FLORIDA LAW.

DEVELOPER IS ☐.... IS NOT ☐ AWARE OF DAMAGE TO THE PROPERTY OR COMMON ELEMENTS CAUSED BY FLOODING DURING Page 14 of 18 CODING:

IS NOT ....

AWARE OF DAMAGE TO THE PROPERTY CAUSED BY FLOODING DURING THE DEVELOPER'S OWNERSHIP OF THE PROPERTY.

DEVELOPER HAS ....

HAS NOT ....

FILED A CLAIM WITH AN INSURANCE PROVIDER RELATING TO FLOOD DAMAGE ON THE PROPERTY OR COMMON Page 8 of 9 CODING:

hb1015-02-c2hb1015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1015 2025 THEELEMENTS, DEVELOPER'SINCLUDING, OWNERSHIPBUT OFNOT LIMITED TO, A CLAIM WITH THE PROPERTY.NATIONAL FLOOD INSURANCE PROGRAM.

DEVELOPER HAS ☐.... HAS NOT ☐ FILED A CLAIM WITH AN INSURANCE PROVIDER RELATING TO FLOOD DAMAGE ON THE PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT LIMITED TO, A CLAIM WITH THE NATIONAL FLOOD INSURANCE PROGRAM.

DEVELOPER HAS ☐ HAS NOT ☐.... RECEIVED ASSISTANCE FOR FLOOD DAMAGE TO THE PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT LIMITED TO, ASSISTANCE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

FORRECEIVED PURPOSESASSISTANCE OFFOR THISFLOOD DISCLOSURE,DAMAGE TO THE TERMPROPERTY "FLOODING" MEANS A GENERAL OR TEMPORARYCOMMON CONDITIONELEMENTS, OFINCLUDING, PARTIALBUT ORNOT COMPLETELIMITED INUNDATIONTO, OFASSISTANCE THEFROM PROPERTY OR COMMON ELEMENTS CAUSED BY THE OVERFLOWFEDERAL OFEMERGENCY INLANDMANAGEMENT ORAGENCY. TIDAL WATERS;

FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM "FLOODING" MEANS A GENERAL OR TEMPORARY CONDITION OF PARTIAL OR COMPLETE INUNDATION OF THE PROPERTY OR COMMON ELEMENTS CAUSED BY THE OVERFLOW OF INLAND OR TIDAL WATERS;

Section 5.4.

Subsection (6) is added to section 723.011, Florida Statutes, to read:

723.011 Disclosure prior to rental of a mobile home lot;

prospectus, filing, approval.— Page 15 of 18 CODING:

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hb1015-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1015 2025 (6)(a) A mobile home park owner must complete and provide a flood disclosure to a prospective lessee of a mobile home lot.

Such disclosure must be provided before the execution of the lot rental agreement or at the time of occupancy, whichever occurs first.

The flood disclosure must be in a separate document from the lot rental agreement.

The flood disclosure must be made in substantially the following form:

FLOOD DISCLOSURE Flood Insurance:

Homeowners' and renters' insurance policies do not include coverage for damage resulting from floods.

You are encouraged to discuss the need to purchase separate flood insurance coverage with your insurance agent.

1.

The mobile home park owner is ☐ is not ☐ aware of damage to the property caused by flooding during the mobile home park owner's ownership of the property.

2.

The mobile home park owner has ☐ has not ☐ filed a claim with an insurance provider relating to flood damage to the property, including, but not limited to, a claim with the National Flood Insurance Program.

3.

The mobile home park owner has ☐ has not ☐ received assistance for flood damage to the property, Page 16 of 18 CODING:

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hb1015-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1015 2025 including, but not limited to, assistance from the Federal Emergency Management Agency.

4.

For purposes of this disclosure, the term "flooding" means a general or temporary condition of partial or complete inundation of the property caused by any of the following:

a.

The overflow of inland or tidal waters.

b.

The unusual and rapid accumulation of runoff or surface waters from any established water source, such as a river, stream, or drainage ditch.

c.

Sustained periods of standing water resulting from rainfall.

(b) If a mobile home park owner violates this section and a lessee suffers a substantial loss or damage to the lessee's mobile home or personal property as a result of flooding, the lessee may terminate the lot rental agreement by giving a written notice of termination to the mobile home park owner no later than 30 days after the date of the damage or loss.

Termination of a lot rental agreement under this section is effective when the requirements of s.

723.023(5) are met.

For purposes of this paragraph, the term "substantial loss or damage" means the total cost of repairs to or replacement of the mobile home and personal property is 50 percent or more of the mobile home's and personal property's market value on the date Page 17 of 18 CODING:

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hb1015-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1015 2025 the flooding occurred.

(c) A mobile home park owner shall refund the lessee all rent or other amounts paid in advance under the lot rental agreement for any period after the effective date of the termination of the lot rental agreement.

(d) This section does not affect a lessee's liability for delinquent, unpaid rent or other sums owed to the mobile home park owner before the date the lot rental agreement was terminated by the lessee under this subsection.

Section 6.

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