Florida Senate - 2022 SB 1380
By Senator Rodriguez
39-01426-22 20221380__
1 A bill to be entitled
2 An act relating to real property rights; amending s.
3 712.03, F.S.; revising rights that are not affected or
4 extinguished by marketable record titles; amending s.
5 712.04, F.S.; revising the types of interests
6 extinguished by marketable record titles; providing
7 construction; amending s. 712.12, F.S.; revising the
8 definition of the term “covenant or restriction”;
9 creating s. 715.075, F.S.; authorizing owners or
10 operators of private property used for motor vehicle
11 parking to establish rules, rates, and fines governing
12 private persons parking on the property; prohibiting
13 counties and municipalities from enacting any
14 ordinance or regulation attempting to restrict or
15 prohibit the owner or operator from adopting such
16 rules, rates, or fines; providing that any ordinance
17 or regulation making such attempt is a violation of
18 this act and is null and void; providing
19 applicability; requiring persons with certain
20 interests in land which may be extinguished by the act
21 to file a specified notice to preserve such interests;
22 providing a directive to the Division of Law Revision;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
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:
71 (1) A comprehensive plan or plan amendment; zoning
72 ordinance; land development regulation; building code;
73 development permit; development order; or other law, regulation,
74 or regulatory approval, to the extent such law, regulation, or
75 regulatory approval operates independently of matters recorded
76 in the official records; or
77 (2) Any recorded covenant or restriction that on the face
78 of the first page of the document states that it was accepted by
79 a governmental entity as part of, or as a condition of, any such
80 comprehensive plan or plan amendment; zoning ordinance; land
81 development regulation; building code; development permit;
82 development order; or other law, regulation, or regulatory
83 approval.
84 Section 3. Paragraph (b) of subsection (1) of section
85 712.12, Florida Statutes, is amended to read:
86 712.12 Covenant or restriction revitalization by parcel
87 owners not subject to a homeowners’ association.—
88 (1) As used in this section, the term:
89 (b) “Covenant or restriction” means any agreement or
90 limitation imposed by a private party and not required by a
91 governmental agency as a condition of a development permit, as
92 defined in s. 163.3164, which is contained in a document
93 recorded in the public records of the county in which a parcel
94 is located and which subjects the parcel to any use restriction
95 that may be enforced by a parcel owner.
96 Section 4. Section 715.075, Florida Statutes, is created to
97 read:
98 715.075 Vehicles parked on private property; rules and
99 rates authorized.—
100 (1) The owner or operator of a private property used for
101 motor vehicle parking may establish rules, rates, and fines that
102 govern private persons parking motor vehicles on such private
103 property. Such rules and rates may include parking charges and
104 fines for violating the property owner’s or operator’s rules.
105 (2) A county or municipality may not enact an ordinance or
106 a regulation restricting or prohibiting a right of a private
107 property owner or operator established under subsection (1). Any
108 such ordinance or regulation is a violation of this section and
109 is null and void.
110 Section 5. The amendments to ss. 712.03, 712.04, and
111 712.12, Florida Statutes, in this act are intended to clarify
112 existing law, are remedial in nature, and apply to all estates,
113 interests, claims, covenants, restrictions, and charges, whether
114 imposed or accepted before, on, or after the effective date of
115 this act.
116 Section 6. A person with an interest in land which may
117 potentially be extinguished by this act, and whose interest has
118 not been extinguished before July 1, 2022, must file a notice
119 pursuant to s. 712.06, Florida Statutes, by July 1, 2023, to
120 preserve such interest.
121 Section 7. The Division of Law Revision is directed to
122 replace the phrase “the effective date of this act” wherever it
123 occurs in this act with the date the act becomes a law.
124 Section 8. This act shall take effect upon becoming a law.