2022 Legislature                   CS for SB 1380, 2nd Engrossed
    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 and rates governing private
   12         persons parking on the property; requiring that such
   13         rules and rates be posted and clearly visible to
   14         persons parking motor vehicles on the property;
   15         requiring certain invoices to have a specified
   16         statement; prohibiting counties and municipalities
   17         from enacting any ordinance or regulation attempting
   18         to restrict or prohibit the owner or operator from
   19         adopting such rules, rates, or fines; providing that
   20         any ordinance or regulation making such attempt is a
   21         violation of this act and is null and void; providing
   22         applicability; requiring persons and certain counties
   23         with certain interests in land which may be
   24         extinguished by the act to file a specified notice to
   25         preserve such interests; providing a directive to the
   26         Division of Law Revision; providing an effective date.
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Subsection (1) of section 712.03, Florida
   31  Statutes, is amended to read:
   32         712.03 Exceptions to marketability.—Such marketable record
   33  title shall not affect or extinguish the following rights:
   34         (1) Estates or interests, easements and use restrictions
   35  disclosed by and defects inherent in the muniments of title on
   36  which said estate is based beginning with the root of title,;
   37  provided, however, that in the muniments of title those estates,
   38  interests, easements, or use restrictions created before the
   39  root of title are preserved by identification in the legal
   40  description of the property by specific reference to the
   41  official records book and page number, instrument number, or
   42  plat name or there is otherwise an affirmative statement in a
   43  muniment of title to preserve such estates, interests,
   44  easements, or use restrictions created before the root of title
   45  as identified by the official records book and page or
   46  instrument number a general reference in any of such muniments
   47  to easements, use restrictions or other interests created prior
   48  to the root of title shall not be sufficient to preserve them
   49  unless specific identification by reference to book and page of
   50  record or by name of recorded plat be made therein to a recorded
   51  title transaction which imposed, transferred or continued such
   52  easement, use restrictions or other interests; subject, however,
   53  to the provisions of subsection (5).
   54         Section 2. Section 712.04, Florida Statutes, is amended to
   55  read:
   56         712.04 Interests extinguished by marketable record title.
   57  Subject to s. 712.03, a marketable record title is free and
   58  clear of all estates, interests, claims, covenants,
   59  restrictions, or charges, the existence of which depends upon
   60  any act, title transaction, event, zoning requirement, building
   61  or development permit, or omission that occurred before the
   62  effective date of the root of title. Except as provided in s.
   63  712.03, all such estates, interests, claims, covenants,
   64  restrictions, or charges, however denominated, whether they are
   65  or appear to be held or asserted by a person sui juris or under
   66  a disability, whether such person is within or without the
   67  state, natural or corporate, or private or governmental, are
   68  declared to be null and void. However, this chapter does not
   69  affect any right, title, or interest of the United States,
   70  Florida, or any of its officers, boards, commissions, or other
   71  agencies reserved in the patent or deed by which the United
   72  States, Florida, or any of its agencies parted with title. This
   73  section may not be construed to alter or invalidate:
   74         (1)A comprehensive plan or plan amendment; zoning
   75  ordinance; land development regulation; building code;
   76  development permit; development order; or other law, regulation,
   77  or regulatory approval, to the extent such law, regulation, or
   78  regulatory approval operates independently of matters recorded
   79  in the official records; or
   80         (2)Any recorded covenant or restriction that on the face
   81  of the first page of the document states that it was accepted by
   82  a governmental entity as part of, or as a condition of, any such
   83  comprehensive plan or plan amendment; zoning ordinance; land
   84  development regulation; building code; development permit;
   85  development order; or other law, regulation, or regulatory
   86  approval.
   87         Section 3. Paragraph (b) of subsection (1) of section
   88  712.12, Florida Statutes, is amended to read:
   89         712.12 Covenant or restriction revitalization by parcel
   90  owners not subject to a homeowners’ association.—
   91         (1) As used in this section, the term:
   92         (b) “Covenant or restriction” means any agreement or
   93  limitation imposed by a private party and not required by a
   94  governmental agency as a condition of a development permit, as
   95  defined in s. 163.3164, which is contained in a document
   96  recorded in the public records of the county in which a parcel
   97  is located and which subjects the parcel to any use restriction
   98  that may be enforced by a parcel owner.
   99         Section 4. Section 715.075, Florida Statutes, is created to
  100  read:
  101         715.075Vehicles parked on private property; rules and
  102  rates authorized.—
  103         (1)The owner or operator of a private property used for
  104  motor vehicle parking may establish rules and rates that govern
  105  private persons parking motor vehicles on such private property.
  106  Such rules and rates may include parking charges for violating
  107  the property owner’s or operator’s rules and must be posted and
  108  clearly visible to persons parking motor vehicles on such
  109  private property. An invoice for parking charges issued under
  110  this section must include the following statement in uppercase
  111  type:
  115         PENALTIES.
  117         (2)A county or municipality may not enact an ordinance or
  118  a regulation restricting or prohibiting a right of a private
  119  property owner or operator established under subsection (1). Any
  120  such ordinance or regulation is a violation of this section and
  121  is null and void.
  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, 2022, must file a notice
  131  pursuant to s. 712.06, Florida Statutes, by July 1, 2023, to
  132  preserve such interest. Any county as defined in s. 125.011(1),
  133  Florida Statutes, with an interest in land which may potentially
  134  be extinguished by this act, and whose interest has not been
  135  extinguished before July 1, 2022, must file a notice pursuant to
  136  s. 712.06, Florida Statutes, by July 1, 2025, to preserve such
  137  interest.
  138         Section 7. The Division of Law Revision is directed to
  139  replace the phrase “the effective date of this act” wherever it
  140  occurs in this act with the date the act becomes a law.
  141         Section 8. This act shall take effect upon becoming a law.