Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 735, 2nd Eng.
       
       
       
       
       
       
                                Ì8099044Î809904                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1c/RE/2R         .                                
             05/04/2017 10:16 PM       .                                
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       Senator Young moved the following:
       
    1         Senate Amendment to Amendment (885236) (with title
    2  amendment)
    3  
    4         Between lines 4 and 5
    5  insert:
    6         Section 1. Subsection (6) of section 125.022, Florida
    7  Statutes, is amended to read:
    8         125.022 Development permits.—
    9         (6) A county may not delegate its police power to a third
   10  party by restriction, covenant, or otherwise. The imposition by
   11  a county of a recorded or unrecorded restriction or covenant as
   12  a condition of a county’s approval or issuance of a development
   13  permit does not preclude the county from exercising its police
   14  power to later amend, release, or terminate the restriction or
   15  covenant. Any such amendment, release, or termination of the
   16  restriction or covenant must follow the procedural requirements
   17  in s. 125.66(4). This section does not prohibit a county from
   18  providing information to an applicant regarding what other
   19  state or federal permits may apply.
   20         Section 2. Subsection (6) of section 166.033, Florida
   21  Statutes, is amended to read:
   22         166.033 Development permits.—
   23         (6) A municipality may not delegate its police power to a
   24  third party by restriction, covenant, or otherwise. The
   25  imposition by a municipality of a recorded or unrecorded
   26  restriction or covenant as a condition of a municipality’s
   27  approval or issuance of a development permit does not preclude a
   28  municipality from exercising its police power to later amend,
   29  release, or terminate the restriction or covenant. Any such
   30  amendment, release, or termination of the restriction or
   31  covenant must follow the procedural requirements in s.
   32  166.041(3)(c). This section does not prohibit a municipality
   33  from providing information to an applicant regarding what other
   34  state or federal permits may apply.
   35         Section 3. Section 712.04, Florida Statutes, is amended to
   36  read:
   37         712.04 Interests extinguished by marketable record title.—
   38         (1) Subject to s. 712.03, a marketable record title is free
   39  and clear of all estates, interests, claims, covenants,
   40  restrictions, or charges, the existence of which depends upon
   41  any act, title transaction, event, zoning requirement, building
   42  or development permit, or omission that occurred before the
   43  effective date of the root of title. Except as provided in s.
   44  712.03, all such estates, interests, claims, covenants,
   45  restrictions, or charges, however denominated, whether they are
   46  or appear to be held or asserted by a person sui juris or under
   47  a disability, whether such person is within or without the
   48  state, natural or corporate, or private or governmental, are
   49  declared to be null and void. However, this chapter does not
   50  affect any right, title, or interest of the United States,
   51  Florida, or any of its officers, boards, commissions, or other
   52  agencies reserved in the patent or deed by which the United
   53  States, Florida, or any of its agencies parted with title.
   54         (2) This section may not be construed to alter or
   55  invalidate a zoning ordinance, land development regulation,
   56  building code, or other ordinance, rule, regulation, or law if
   57  such ordinance, rule, regulation, or law operates independently
   58  of matters recorded in the official records.
   59  
   60  ================= T I T L E  A M E N D M E N T ================
   61  And the title is amended as follows:
   62         Between lines 638 and 639
   63  insert:
   64         amending ss. 125.022 and 166.033, F.S.; prohibiting a
   65         county or municipality from delegating its police
   66         power to a third party by restriction, covenant, or
   67         otherwise; providing that the imposition by a county
   68         or municipality of a recorded or unrecorded
   69         restriction or covenant as a condition of a county’s
   70         or municipality’s approval or issuance of a
   71         development permit does not preclude the county or
   72         municipality from exercising its police power to later
   73         amend, release, or terminate the restriction or
   74         covenant; providing that any such amendment, release,
   75         or termination of the restriction or covenant must
   76         follow specified procedural requirements; amending s.
   77         712.04, F.S.; providing that a marketable record title
   78         is free and clear of all covenants or restrictions,
   79         the existence of which depends upon any zoning
   80         requirement, building or development permit; providing
   81         that all such covenants or restrictions are declared
   82         to be null and void; providing construction;