§ 17-2. Disclosure to buyers of status of abutting roads.

(a)

Purpose. The proprietary status and quality of roadways abutting residential property have an impact on the responsibilities of homeowners to maintain such roadways, the ability to dedicate such roadway and the development of such residential lots. The purpose of this section is to establish a mechanism whereby buyers of real property will be notified of the status of abutting roadways to avoid surprise at some later date.

(b)

Definitions. When used in this section, the following words shall have the indicated meaning, unless the context clearly indicates otherwise.

Roadway. A right-of-way provided for vehicular traffic including all of the land lying between the right-of-way lines as delineated on a plat showing such roadways or other method of designation whether improved or unimproved.

Seller. Owner or titleholder of real property or person or entity who has authority to enter into a contract for sale of the property.

Sale. Transmission of real property from one person to another by voluntary act and agreement between the seller and buyer founded on a valuable consideration. The meaning does not include transfers of real property conducted under a judgment, order or supervision of a court of law or equity.

Residential property. Any lot or parcel zoned for residential use or sold for residential use.

(c)

Exemptions. The following transfers shall be exempt from this section:

(1)

Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in the administration of an estate, transfers pursuant to a writ of execution, transfers by a foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance.

(2)

Transfers to a mortgagee by a mortgagor or successor in interest who in default, transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale or transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure, or has acquired the real property by a deed in lieu of foreclosure.

(3)

Transfer by a bank, savings and loan association, mortgage banker, the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation or other institutional lender who has acquired the property through foreclosure or deed in lieu of foreclosure.

(4)

Transfers of condominiums, as defined in Chapter 718, Florida Statutes (1993) or as subsequently amended; cooperatives, as defined in Chapter 719, Florida Statutes (1993) or as subsequently amended, and time share plans, as defined in Chapter 721, Florida Statutes (1993) or as subsequently amended.

(5)

Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust.

(6)

Transfers from one co-owner to one or more other co-owners.

(7)

Transfers made to a spouse or to a person or persons related by consanguinity to one or more of the transfers.

(8)

Transfers between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree.

(9)

Transfers under Florida Statutes (1993) or as subsequently amended, as a result of failure to pay property taxes.

(10)

Transfers or exchanges to or from any governmental entity.

(d)

Disclosure. Prior to the sale or conveyance, which ever occurs first, of improved residential lots located in the unincorporated areas of the Santa Rosa County, the seller shall disclose to the buyer whether those portions of any roadway that abuts the property to be purchased has been accepted by the county for maintenance.

(e)

Format. The disclosure shall be a separate document provided by Santa Rosa County titled "Abutting Roadway Maintenance Disclosure." The document issued by the county shall state whether the specified road is county maintained. In addition, the document must be signed by both the seller and the buyer and notarized. If the property abuts more than one roadway, the seller may use one form to indicate both roadways, unless the maintenance status of each roadway cannot be made clear in which case one form for each roadway shall be used.

(f)

Additional language. The disclosure shall additionally provide that Santa Rosa County will not accept for maintenance roadways not built or improved to meet county standards. However, the preceding provision shall not be construed to enlarge or create any responsibility of the county to accept roadways for maintenance.

(g)

Filing. The disclosure document shall be attached along with other attachments to the deed or other method of conveyance required to be made part of the public records of the Santa Rosa County, Florida. However, lack of filing does not jeopardize the validity of any deed, not affect the date of filing. Moreover, the acceptance for filing of the road disclosure by county employees shall in no way be construed as an acknowledgement by the county of the truth of the statements therein. In addition, the acceptance for filing of any deed or other instrument shall not be an acknowledgment of compliance with the requirements of this section. The office of clerk shall not be required to and has no duty, authority or responsibility to review conveyances for compliance with this section.

(h)

Effect on title. No transfer subject to this section shall be invalidated solely because of the failure of any person to comply with any provisions of this section.

(i)

Penalties. Any seller who shall violate any provision of this section, or who shall fail, neglect or refuse to comply with the requirements of this section, shall be prosecuted in the same manner as a misdemeanor in the second degree, and upon conviction shall be punished by a fine not to exceed $500.00 or imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment pursuant to Chapters 775.08, 775.081, 775.082 and 775.083 of the Florida Statutes. A separate offense shall be deemed committed for each transaction wherein the requirements of this section are not followed.

(j)

Determination if roadway is maintained. The county will respond within seven days to any request for determination as to whether a roadway is or is not maintained by the county.

(Ord. No. 95-05, §§ 1—9, 3-23-95; Ord. No. 2000-09, §§ 1—9, 6-8-00)