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.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
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:
99 715.075 Vehicles 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:
108
109 THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A
110 GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL
111 PENALTIES.
112
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.