Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. SB 374
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             03/06/2020 02:18 PM       .                                

       Senator Montford moved the following:
    1         Senate Amendment (with title amendment)
    3         Before line 28
    4  insert:
    5         Section 1. Section 712.065, Florida Statutes, is created to
    6  read:
    7         712.065Extinguishment of discriminatory restrictions.—
    8         (1)As used in this section, the term “discriminatory
    9  restriction” means a provision in a title transaction recorded
   10  in this state which restricts the ownership, occupancy, or use
   11  of any real property in this state by any natural person on the
   12  basis of a characteristic that has been held, or is held after
   13  the effective date of this act, by the United States Supreme
   14  Court or the Florida Supreme Court to be protected against
   15  discrimination under the Fourteenth Amendment to the United
   16  States Constitution or under s. 2, Art. I of the State
   17  Constitution, including race, color, national origin, religion,
   18  gender, or physical disability.
   19         (2)A discriminatory restriction is not enforceable in this
   20  state, and all discriminatory restrictions contained in any
   21  title transaction recorded in this state are unlawful, are
   22  unenforceable, and are declared null and void. Any
   23  discriminatory restriction contained in a previously recorded
   24  title transaction is extinguished and severed from the recorded
   25  title transaction and the remainder of the title transaction
   26  remains enforceable and effective. The recording of any notice
   27  preserving or protecting interests or rights pursuant to s.
   28  712.06 does not reimpose or preserve any discriminatory
   29  restriction that is extinguished under this section.
   30         (3)Upon request of a parcel owner, a discriminatory
   31  restriction appearing in a covenant or restriction affecting the
   32  parcel may be removed from the covenant or restriction by an
   33  amendment approved by a majority vote of the board of directors
   34  of the respective property owners’ association or an owners’
   35  association in which all owners may voluntarily join,
   36  notwithstanding any other requirements for approval of an
   37  amendment of the covenant or restriction. Unless the amendment
   38  also changes other provisions of the covenant or restriction,
   39  the recording of an amendment removing a discriminatory
   40  restriction does not constitute a title transaction occurring
   41  after the root of title for purposes of s. 712.03(4).
   42         Section 2. The Division of Law Revision is directed to
   43  replace the phrase “the effective date of this act” wherever it
   44  occurs in this act with the date the act becomes a law.
   46  ================= T I T L E  A M E N D M E N T ================
   47  And the title is amended as follows:
   48         Delete line 2
   49  and insert:
   50         An act relating to housing discrimination; creating s.
   51         712.065, F.S.; defining the term “discriminatory
   52         restriction”; providing that discriminatory
   53         restrictions are unlawful, unenforceable, and declared
   54         null and void; providing that certain discriminatory
   55         restrictions are extinguished and severed from
   56         recorded title transactions; specifying that the
   57         recording of certain notices does not reimpose or
   58         preserve a discriminatory restriction; providing
   59         requirements for a parcel owner to remove a
   60         discriminatory restriction from a covenant or
   61         restriction; providing a directive to the Division of
   62         Law Revision; amending s.