CS for SB 1380                                   First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to real property rights; creating s.
    3         125.412, F.S.; authorizing the board of county
    4         commissioners of a charter county to release
    5         conservation restrictions on county-owned property
    6         without a referendum under certain circumstances;
    7         amending s. 712.03, F.S.; revising rights that are not
    8         affected or extinguished by marketable record titles;
    9         amending s. 712.04, F.S.; revising the types of
   10         interests extinguished by marketable record titles;
   11         providing construction; amending s. 712.12, F.S.;
   12         revising the definition of the term “covenant or
   13         restriction”; creating s. 715.075, F.S.; authorizing
   14         owners or operators of private property used for motor
   15         vehicle parking to establish rules and rates governing
   16         private persons parking on the property; requiring
   17         that such rules and rates be posted and clearly
   18         visible to persons parking motor vehicles on the
   19         property; requiring certain invoices to have a
   20         specified statement; prohibiting counties and
   21         municipalities from enacting any ordinance or
   22         regulation attempting to restrict or prohibit the
   23         owner or operator from adopting such rules, rates, or
   24         fines; providing that any ordinance or regulation
   25         making such attempt is a violation of this act and is
   26         null and void; providing applicability; requiring
   27         persons and certain counties with certain interests in
   28         land which may be extinguished by the act to file a
   29         specified notice to preserve such interests; providing
   30         a directive to the Division of Law Revision; providing
   31         an effective date.
   33  Be It Enacted by the Legislature of the State of Florida:
   35         Section 1. Section 125.412, Florida Statutes, is created to
   36  read:
   37         125.412 Release of conservation restrictions on land owned
   38  by charter counties.—The board of county commissioners of a
   39  charter county may release a conservation designation or
   40  conservation easement on county-owned property without a
   41  referendum, notwithstanding the county charter, if the property
   42  will be used for any K-12 educational or athletic purpose by an
   43  educational institution that serves students in kindergarten
   44  through 12th grade and the property is contiguous to the
   45  educational institution.
   46         Section 2. Subsection (1) of section 712.03, Florida
   47  Statutes, is amended to read:
   48         712.03 Exceptions to marketability.—Such marketable record
   49  title shall not affect or extinguish the following rights:
   50         (1) Estates or interests, easements and use restrictions
   51  disclosed by and defects inherent in the muniments of title on
   52  which said estate is based beginning with the root of title,;
   53  provided, however, that in the muniments of title those estates,
   54  interests, easements, or use restrictions created before the
   55  root of title are preserved by identification in the legal
   56  description of the property by specific reference to the
   57  official records book and page number, instrument number, or
   58  plat name or there is otherwise an affirmative statement in a
   59  muniment of title to preserve such estates, interests,
   60  easements, or use restrictions created before the root of title
   61  as identified by the official records book and page or
   62  instrument number a general reference in any of such muniments
   63  to easements, use restrictions or other interests created prior
   64  to the root of title shall not be sufficient to preserve them
   65  unless specific identification by reference to book and page of
   66  record or by name of recorded plat be made therein to a recorded
   67  title transaction which imposed, transferred or continued such
   68  easement, use restrictions or other interests; subject, however,
   69  to the provisions of subsection (5).
   70         Section 3. Section 712.04, Florida Statutes, is amended to
   71  read:
   72         712.04 Interests extinguished by marketable record title.
   73  Subject to s. 712.03, a marketable record title is free and
   74  clear of all estates, interests, claims, covenants,
   75  restrictions, or charges, the existence of which depends upon
   76  any act, title transaction, event, zoning requirement, building
   77  or development permit, or omission that occurred before the
   78  effective date of the root of title. Except as provided in s.
   79  712.03, all such estates, interests, claims, covenants,
   80  restrictions, or charges, however denominated, whether they are
   81  or appear to be held or asserted by a person sui juris or under
   82  a disability, whether such person is within or without the
   83  state, natural or corporate, or private or governmental, are
   84  declared to be null and void. However, this chapter does not
   85  affect any right, title, or interest of the United States,
   86  Florida, or any of its officers, boards, commissions, or other
   87  agencies reserved in the patent or deed by which the United
   88  States, Florida, or any of its agencies parted with title. This
   89  section may not be construed to alter or invalidate:
   90         (1)A comprehensive plan or plan amendment; zoning
   91  ordinance; land development regulation; building code;
   92  development permit; development order; or other law, regulation,
   93  or regulatory approval, to the extent such law, regulation, or
   94  regulatory approval operates independently of matters recorded
   95  in the official records; or
   96         (2)Any recorded covenant or restriction that on the face
   97  of the first page of the document states that it was accepted by
   98  a governmental entity as part of, or as a condition of, any such
   99  comprehensive plan or plan amendment; zoning ordinance; land
  100  development regulation; building code; development permit;
  101  development order; or other law, regulation, or regulatory
  102  approval.
  103         Section 4. Paragraph (b) of subsection (1) of section
  104  712.12, Florida Statutes, is amended to read:
  105         712.12 Covenant or restriction revitalization by parcel
  106  owners not subject to a homeowners’ association.—
  107         (1) As used in this section, the term:
  108         (b) “Covenant or restriction” means any agreement or
  109  limitation imposed by a private party and not required by a
  110  governmental agency as a condition of a development permit, as
  111  defined in s. 163.3164, which is contained in a document
  112  recorded in the public records of the county in which a parcel
  113  is located and which subjects the parcel to any use restriction
  114  that may be enforced by a parcel owner.
  115         Section 5. Section 715.075, Florida Statutes, is created to
  116  read:
  117         715.075Vehicles parked on private property; rules and
  118  rates authorized.—
  119         (1)The owner or operator of a private property used for
  120  motor vehicle parking may establish rules and rates that govern
  121  private persons parking motor vehicles on such private property.
  122  Such rules and rates may include parking charges for violating
  123  the property owner’s or operator’s rules and must be posted and
  124  clearly visible to persons parking motor vehicles on such
  125  private property. An invoice for parking charges issued under
  126  this section must include the following statement in uppercase
  127  type:
  131         PENALTIES.
  133         (2)A county or municipality may not enact an ordinance or
  134  a regulation restricting or prohibiting a right of a private
  135  property owner or operator established under subsection (1). Any
  136  such ordinance or regulation is a violation of this section and
  137  is null and void.
  138         Section 6. The amendments to ss. 712.03, 712.04, and
  139  712.12, Florida Statutes, in this act are intended to clarify
  140  existing law, are remedial in nature, and apply to all estates,
  141  interests, claims, covenants, restrictions, and charges, whether
  142  imposed or accepted before, on, or after the effective date of
  143  this act.
  144         Section 7. A person with an interest in land which may
  145  potentially be extinguished by this act, and whose interest has
  146  not been extinguished before July 1, 2022, must file a notice
  147  pursuant to s. 712.06, Florida Statutes, by July 1, 2023, to
  148  preserve such interest. Any county as defined in s. 125.011(1),
  149  Florida Statutes, with an interest in land which may potentially
  150  be extinguished by this act, and whose interest has not been
  151  extinguished before July 1, 2022, must file a notice pursuant to
  152  s. 712.06, Florida Statutes, by July 1, 2025, to preserve such
  153  interest.
  154         Section 8. The Division of Law Revision is directed to
  155  replace the phrase “the effective date of this act” wherever it
  156  occurs in this act with the date the act becomes a law.
  157         Section 9. This act shall take effect upon becoming a law.