Florida Senate - 2022                             CS for SB 1380
       By the Committee on Rules; and Senator Rodriguez
       595-03063-22                                          20221380c1
    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; requiring
   13         certain invoices to have a specified statement;
   14         prohibiting counties and municipalities from enacting
   15         any ordinance or regulation attempting to restrict or
   16         prohibit the owner or operator from adopting such
   17         rules, rates, or fines; providing that any ordinance
   18         or regulation making such attempt is a violation of
   19         this act and is null and void; providing
   20         applicability; requiring persons with certain
   21         interests in land which may be extinguished by the act
   22         to file a specified notice to preserve such interests;
   23         providing a directive to the Division of Law Revision;
   24         providing an effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Subsection (1) of section 712.03, Florida
   29  Statutes, is amended to read:
   30         712.03 Exceptions to marketability.—Such marketable record
   31  title shall not affect or extinguish the following rights:
   32         (1) Estates or interests, easements and use restrictions
   33  disclosed by and defects inherent in the muniments of title on
   34  which said estate is based beginning with the root of title,;
   35  provided, however, that in the muniments of title those estates,
   36  interests, easements, or use restrictions created before the
   37  root of title are preserved by identification in the legal
   38  description of the property by specific reference to the
   39  official records book and page number, instrument number, or
   40  plat name or there is otherwise an affirmative statement in a
   41  muniment of title to preserve such estates, interests,
   42  easements, or use restrictions created before the root of title
   43  as identified by the official records book and page or
   44  instrument number a general reference in any of such muniments
   45  to easements, use restrictions or other interests created prior
   46  to the root of title shall not be sufficient to preserve them
   47  unless specific identification by reference to book and page of
   48  record or by name of recorded plat be made therein to a recorded
   49  title transaction which imposed, transferred or continued such
   50  easement, use restrictions or other interests; subject, however,
   51  to the provisions of subsection (5).
   52         Section 2. Section 712.04, Florida Statutes, is amended to
   53  read:
   54         712.04 Interests extinguished by marketable record title.
   55  Subject to s. 712.03, a marketable record title is free and
   56  clear of all estates, interests, claims, covenants,
   57  restrictions, or charges, the existence of which depends upon
   58  any act, title transaction, event, zoning requirement, building
   59  or development permit, or omission that occurred before the
   60  effective date of the root of title. Except as provided in s.
   61  712.03, all such estates, interests, claims, covenants,
   62  restrictions, or charges, however denominated, whether they are
   63  or appear to be held or asserted by a person sui juris or under
   64  a disability, whether such person is within or without the
   65  state, natural or corporate, or private or governmental, are
   66  declared to be null and void. However, this chapter does not
   67  affect any right, title, or interest of the United States,
   68  Florida, or any of its officers, boards, commissions, or other
   69  agencies reserved in the patent or deed by which the United
   70  States, Florida, or any of its agencies parted with title. This
   71  section may not be construed to alter or invalidate:
   72         (1)A comprehensive plan or plan amendment; zoning
   73  ordinance; land development regulation; building code;
   74  development permit; development order; or other law, regulation,
   75  or regulatory approval, to the extent such law, regulation, or
   76  regulatory approval operates independently of matters recorded
   77  in the official records; or
   78         (2)Any recorded covenant or restriction that on the face
   79  of the first page of the document states that it was accepted by
   80  a governmental entity as part of, or as a condition of, any such
   81  comprehensive plan or plan amendment; zoning ordinance; land
   82  development regulation; building code; development permit;
   83  development order; or other law, regulation, or regulatory
   84  approval.
   85         Section 3. Paragraph (b) of subsection (1) of section
   86  712.12, Florida Statutes, is amended to read:
   87         712.12 Covenant or restriction revitalization by parcel
   88  owners not subject to a homeowners’ association.—
   89         (1) As used in this section, the term:
   90         (b) “Covenant or restriction” means any agreement or
   91  limitation imposed by a private party and not required by a
   92  governmental agency as a condition of a development permit, as
   93  defined in s. 163.3164, which is contained in a document
   94  recorded in the public records of the county in which a parcel
   95  is located and which subjects the parcel to any use restriction
   96  that may be enforced by a parcel owner.
   97         Section 4. Section 715.075, Florida Statutes, is created to
   98  read:
   99         715.075Vehicles parked on private property; rules and
  100  rates authorized.—
  101         (1)The owner or operator of a private property used for
  102  motor vehicle parking may establish rules, rates, and fines that
  103  govern private persons parking motor vehicles on such private
  104  property. Such rules and rates may include parking charges and
  105  fines for violating the property owner’s or operator’s rules. An
  106  invoice for rates or fines issued under this section must
  107  include the following statement in uppercase type:
  111         PENALTIES.
  113         (2)A county or municipality may not enact an ordinance or
  114  a regulation restricting or prohibiting a right of a private
  115  property owner or operator established under subsection (1). Any
  116  such ordinance or regulation is a violation of this section and
  117  is null and void.
  118         Section 5. The amendments to ss. 712.03, 712.04, and
  119  712.12, Florida Statutes, in this act are intended to clarify
  120  existing law, are remedial in nature, and apply to all estates,
  121  interests, claims, covenants, restrictions, and charges, whether
  122  imposed or accepted before, on, or after the effective date of
  123  this act.
  124         Section 6. A person with an interest in land which may
  125  potentially be extinguished by this act, and whose interest has
  126  not been extinguished before July 1, 2022, must file a notice
  127  pursuant to s. 712.06, Florida Statutes, by July 1, 2023, to
  128  preserve such interest.
  129         Section 7. The Division of Law Revision is directed to
  130  replace the phrase “the effective date of this act” wherever it
  131  occurs in this act with the date the act becomes a law.
  132         Section 8. This act shall take effect upon becoming a law.