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.
   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:
   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         715.075Vehicles 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.