Florida Senate - 2020                              CS for SB 802
       By the Committee on Judiciary; and Senator Perry
       590-02037-20                                           2020802c1
    1                        A bill to be entitled                      
    2         An act relating to the Marketable Record Title Act;
    3         amending s. 712.03, F.S.; revising rights that are not
    4         affected or extinguished by marketable record titles;
    5         amending s. 712.04, F.S.; revising what types of
    6         interests are extinguished by a marketable record
    7         title; providing construction; creating s. 712.065,
    8         F.S.; defining the term “discriminatory restriction”;
    9         providing that discriminatory restrictions are
   10         unlawful, unenforceable, and declared null and void;
   11         providing that certain discriminatory restrictions are
   12         extinguished and severed from recorded title
   13         transactions; specifying that the recording of certain
   14         notices does not reimpose or preserve a discriminatory
   15         restriction; providing requirements for a parcel owner
   16         to remove a discriminatory restriction from a covenant
   17         or restriction; amending s. 712.12, F.S.; revising the
   18         definition of the term “covenant or restriction”;
   19         providing applicability; requiring persons with
   20         certain interests in land which may be extinguished by
   21         this act to file a specified notice to preserve such
   22         interests; providing a directive to the Division of
   23         Law Revision; providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Subsection (1) of section 712.03, Florida
   28  Statutes, is amended to read:
   29         712.03 Exceptions to marketability.—Such marketable record
   30  title shall not affect or extinguish the following rights:
   31         (1) Estates or interests, easements and use restrictions
   32  disclosed by and defects inherent in the muniments of title on
   33  which said estate is based beginning with the root of title,;
   34  provided, however, that in the muniments of title those estates,
   35  interests, easements, or use restrictions created before the
   36  root of title are preserved by identification in the legal
   37  description of the property by specific reference to the
   38  official records book and page number, instrument number, or
   39  plat name or there is otherwise an affirmative statement in a
   40  muniment of title to preserve such estates, interests,
   41  easements, or use restrictions created before the root of title
   42  as identified by the official records book and page or
   43  instrument number a general reference in any of such muniments
   44  to easements, use restrictions or other interests created prior
   45  to the root of title shall not be sufficient to preserve them
   46  unless specific identification by reference to book and page of
   47  record or by name of recorded plat be made therein to a recorded
   48  title transaction which imposed, transferred or continued such
   49  easement, use restrictions or other interests; subject, however,
   50  to the provisions of subsection (5).
   51         Section 2. Section 712.04, Florida Statutes, is amended to
   52  read:
   53         712.04 Interests extinguished by marketable record title.
   54  Subject to s. 712.03, a marketable record title is free and
   55  clear of all estates, interests, claims, covenants,
   56  restrictions, or charges, the existence of which depends upon
   57  any act, title transaction, event, zoning requirement, building
   58  or development permit, or omission that occurred before the
   59  effective date of the root of title. Except as provided in s.
   60  712.03, all such estates, interests, claims, covenants,
   61  restrictions, or charges, however denominated, whether they are
   62  or appear to be held or asserted by a person sui juris or under
   63  a disability, whether such person is within or without the
   64  state, natural or corporate, or private or governmental, are
   65  declared to be null and void. However, this chapter does not
   66  affect any right, title, or interest of the United States,
   67  Florida, or any of its officers, boards, commissions, or other
   68  agencies reserved in the patent or deed by which the United
   69  States, Florida, or any of its agencies parted with title. This
   70  section may not be construed to alter or invalidate a zoning
   71  ordinance, land development regulation, building code, or other
   72  law or regulation to the extent it operates independently of
   73  matters recorded in the official records.
   74         Section 3. Section 712.065, Florida Statutes, is created to
   75  read:
   76         712.065 Extinguishment of discriminatory restrictions.—
   77         (1)As used in this section, the term “discriminatory
   78  restriction” means a provision in a title transaction recorded
   79  in this state which restricts the ownership, occupancy, or use
   80  of any real property in this state by any natural person on the
   81  basis of a characteristic that has been held, or is held after
   82  the effective date of this act, by the United States Supreme
   83  Court or the Florida Supreme Court to be protected against
   84  discrimination under the Fourteenth Amendment to the United
   85  States Constitution or under s. 2, Art. I of the State
   86  Constitution, including race, color, national origin, religion,
   87  gender, or physical disability.
   88         (2)A discriminatory restriction is not enforceable in this
   89  state, and all discriminatory restrictions contained in any
   90  title transaction recorded in this state are unlawful, are
   91  unenforceable, and are declared null and void. Any
   92  discriminatory restriction contained in a previously recorded
   93  title transaction is extinguished and severed from the recorded
   94  title transaction and the remainder of the title transaction
   95  remains enforceable and effective. The recording of any notice
   96  preserving or protecting interests or rights pursuant to s.
   97  712.06 does not reimpose or preserve any discriminatory
   98  restriction that is extinguished under this section.
   99         (3)Upon request of a parcel owner, a discriminatory
  100  restriction appearing in a covenant or restriction affecting the
  101  parcel may be removed from the covenant or restriction by an
  102  amendment approved by a majority vote of the board of directors
  103  of the respective property owners’ association, notwithstanding
  104  any other requirements for approval of an amendment of the
  105  covenant or restriction. Unless the amendment also changes other
  106  provisions of the covenant or restriction, the recording of an
  107  amendment removing a discriminatory restriction does not
  108  constitute a title transaction occurring after the root of title
  109  for purposes of s. 712.03(4).
  110         Section 4. Paragraph (b) of subsection (1) of section
  111  712.12, Florida Statutes, is amended to read:
  112         712.12 Covenant or restriction revitalization by parcel
  113  owners not subject to a homeowners’ association.—
  114         (1) As used in this section, the term:
  115         (b) “Covenant or restriction” means any agreement or
  116  limitation imposed by a private party and not required by a
  117  governmental agency as a condition of a development permit, as
  118  defined in s. 163.3164, which is contained in a document
  119  recorded in the public records of the county in which a parcel
  120  is located and which subjects the parcel to any use restriction
  121  that may be enforced by a parcel owner.
  122         Section 5. The amendments to ss. 712.03, 712.04, and
  123  712.12, Florida Statutes, in this act are intended to clarify
  124  existing law, are remedial in nature, and apply to all estates,
  125  interests, claims, covenants, restrictions, and charges, whether
  126  imposed or accepted before, on, or after the effective date of
  127  this act.
  128         Section 6. A person with an interest in land which may
  129  potentially be extinguished by this act, and whose interest has
  130  not been extinguished before July 1, 2020, must file a notice
  131  pursuant to s. 712.06, Florida Statutes, by July 1, 2021, to
  132  preserve such interest.
  133         Section 7. The Division of Law Revision is directed to
  134  replace the phrase “the effective date of this act” wherever it
  135  occurs in this act with the date the act becomes a law.
  136         Section 8. This act shall take effect upon becoming a law.