Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 1046
Senate . House
Comm: RCS .
The Committee on Community Affairs (Passidomo) recommended the
1 Senate Amendment (with title amendment)
3 Delete lines 78 - 188
4 and insert:
5 Section 1. Section 712.001, Florida Statutes, is created to
7 712.001 Short title.—This chapter may be cited as the
8 “Marketable Record Title Act.”
9 Section 2. Section 712.01, Florida Statutes, is reordered
10 and amended to read:
11 712.01 Definitions.—As used in this chapter, the term
12 (1) “Community covenant or restriction” means any agreement
13 or limitation contained in a document recorded in the public
14 records of the county in which a parcel is located which:
15 (a) Subjects the parcel to any use restriction that may be
16 enforced by a property owners’ association; or
17 (b) Authorizes a property owners’ association to impose a
18 charge or assessment against the parcel or the parcel owner.
19 (4) (1) The term “Person” includes the as used herein
20 denotes singular or plural, natural or corporate, private or
21 governmental, including the state and any political subdivision
22 or agency thereof as the context for the use thereof requires or
23 denotes and including any property owners’ homeowners’
25 (6) (2) “Root of title” means any title transaction
26 purporting to create or transfer the estate claimed by any
27 person and which is the last title transaction to have been
28 recorded at least 30 years before prior to the time when
29 marketability is being determined. The effective date of the
30 root of title is the date on which it was recorded.
31 (7) (3) “Title transaction” means any recorded instrument or
32 court proceeding that which affects title to any estate or
33 interest in land and that which describes the land sufficiently
34 to identify its location and boundaries.
35 (5) (4) “Property owners’ association” The term “ homeowners’
36 association” means a homeowners’ association as defined in s.
37 720.301, a corporation or other entity responsible for the
38 operation of property in which the voting membership is made up
39 of the owners of the property or their agents, or a combination
40 thereof, and in which membership is a mandatory condition of
41 property ownership, or an association of parcel owners which is
42 authorized to enforce a community covenant or restriction use
43 restrictions that is are imposed on the parcels.
44 (3) (5) The term “Parcel” means real property that which is
45 used for residential purposes and that is subject to exclusive
46 ownership and which is subject to any covenant or restriction of
47 a property owners’ homeowners’ association.
48 (2) (6) The term “Covenant or restriction” means any
49 agreement or limitation contained in a document recorded in the
50 public records of the county in which a parcel is located which
51 subjects the parcel to any use or other restriction or
52 obligation which may be enforced by a homeowners’ association or
53 which authorizes a homeowners’ association to impose a charge or
54 assessment against the parcel or the owner of the parcel or
55 which may be enforced by the Florida Department of Environmental
56 Protection pursuant to chapter 376 or chapter 403.
58 ================= T I T L E A M E N D M E N T ================
59 And the title is amended as follows:
60 Delete lines 3 - 26
61 and insert:
62 creating s. 712.001, F.S.; providing a short title;
63 amending s. 712.01, F.S.; defining and redefining
64 terms; amending s. 712.05, F.S.; revising the