Federal laws on land, the environment, and accessibility

Five federal checkpoints for Florida property

Federal law affects land marketing, public access, contamination, development, and financing. These are federal requirements applicable in Florida.

Lot marketing

The Interstate Land Sales Full Disclosure Act requires a property report before signing when the report requirement applies. Nonexempt contracts carry revocation rights until midnight of the seventh day after signing, or later if applicable state law requires. Failure to deliver a required report before signing creates a two-year revocation right. These are different triggers and time periods. 15 U.S.C. § 1703.

Public access

The Americans with Disabilities Act applies to public accommodations, such as a real estate office serving the public. Existing architectural barriers must be removed where readily achievable: easily accomplishable without much difficulty or expense. Where removal is not readily achievable, readily achievable alternative methods of providing services are required. Building age alone does not excuse access obligations. Private living space and public sales offices raise different questions. 42 U.S.C. § 12182 supports the existing-facility barrier and alternative-method rules.

Contamination

CERCLA, commonly called Superfund, addresses hazardous substance releases and cleanup liability. Potentially responsible parties include current owners and operators, certain past owners and operators, arrangers, and certain transporters. Liability can arise without negligence. Environmental investigation before acquisition matters; statutory protections require more than a claim of ignorance. Petroleum underground storage tanks have a separate framework for release detection, prevention, and corrective action; 42 U.S.C. § 6991b describes government corrective action circumstances.

Fill permits

Discharging dredged or fill material into federally regulated waters, including covered wetlands, raises Clean Water Act permitting issues. Verify jurisdiction and permit requirements before filling. Ownership and zoning approval do not establish permission. 33 U.S.C. § 1344 also preserves state authority over these discharges.

Flood coverage

For a federal agency lender, a covered loan secured by improved real estate in an identified special flood hazard area where federal flood insurance is available requires flood coverage for the loan term. Qualifying private coverage can satisfy the requirement. 42 U.S.C. § 4012a. Ordinary homeowners insurance generally excludes flood damage.

Passing one checkpoint does not clear the others.