Florida Senate - 2024                                    SB 1068
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00992A-24                                          20241068__
    1                        A bill to be entitled                      
    2         An act relating to marketable record title to real
    3         property; amending s. 712.03, F.S.; providing that
    4         certain rights are extinguished for the redevelopment
    5         of a certain portion of a lake that meets certain
    6         criteria if such redevelopment is for the purpose of
    7         developing affordable housing; requiring the
    8         preservation of such rights to be evidenced by a
    9         recorded instrument; authorizing a parcel owner to
   10         seek a judicial determination within a certain
   11         timeframe; prohibiting the revitalization of certain
   12         lapsed covenants or restrictions; providing a method
   13         for service of process of quiet title and certain
   14         other actions; amending s. 712.065, F.S.; conforming a
   15         cross-reference; reenacting ss. 704.05(1), 712.02,
   16         712.04, and 712.10, F.S., relating to easements and
   17         rights of entry, marketable record title and
   18         suspension of applicability, interests extinguished by
   19         marketable record title, and law to be liberally
   20         construed, respectively, to incorporate the amendment
   21         made to s. 712.03, F.S., in references thereto;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 712.03, Florida Statutes, is amended to
   27  read:
   28         712.03 Exceptions to marketability; redevelopment
   29  restrictions; legal action; service of process.—
   30         (1) Such marketable record title does shall not affect or
   31  extinguish the following rights:
   32         (a)(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 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; subject, however, to paragraph (e) subsection
   45  (5).
   46         (b)(2) Estates, interests, claims, or charges, or any
   47  covenant or restriction, preserved by the filing of a proper
   48  notice in accordance with the provisions hereof.
   49         (c)(3) Rights of any person in possession of the lands, so
   50  long as such person is in such possession.
   51         (d)(4) Estates, interests, claims, or charges arising out
   52  of a title transaction which has been recorded subsequent to the
   53  effective date of the root of title.
   54         (e)(5) Recorded or unrecorded easements or rights, interest
   55  or servitude in the nature of easements, rights-of-way and
   56  terminal facilities, including those of a public utility or of a
   57  governmental agency, so long as the same are used and the use of
   58  any part thereof shall except from the operation hereof the
   59  right to the entire use thereof. No notice need be filed in
   60  order to preserve the lien of any mortgage or deed of trust or
   61  any supplement thereto encumbering any such recorded or
   62  unrecorded easements, or rights, interest, or servitude in the
   63  nature of easements, rights-of-way, and terminal facilities.
   64  However, nothing herein shall be construed as preserving to the
   65  mortgagee or grantee of any such mortgage or deed of trust or
   66  any supplement thereto any greater rights than the rights of the
   67  mortgagor or grantor.
   68         (f)(6) Rights of any person in whose name the land is
   69  assessed on the county tax rolls for such period of time as the
   70  land is so assessed and which rights are preserved for a period
   71  of 3 years after the land is last assessed in such person’s
   72  name.
   73         (g)(7) State title to lands beneath navigable waters
   74  acquired by virtue of sovereignty.
   75         (h)(8) A restriction or covenant recorded pursuant to
   76  chapter 376 or chapter 403.
   77         (i)(9) Any right, title, or interest held by the Board of
   78  Trustees of the Internal Improvement Trust Fund, any water
   79  management district created under chapter 373, or the United
   80  States.
   81         (2)Notwithstanding anything in paragraph (1)(e) to the
   82  contrary, in order to foster affordable housing development
   83  pursuant to s. 196.1978 in counties as defined under s.
   84  125.011(1), the redevelopment of lakes that are restricted by
   85  recorded or unrecorded easements or rights, interests, or
   86  servitudes in the nature of easements for use of or access to a
   87  lake which are in favor of the public or any other party, other
   88  than a public utility or a governmental agency, and meet the
   89  requirements of marketable record title pursuant to s. 712.02,
   90  but may not be extinguished under paragraph (1)(e), must
   91  nevertheless be extinguished with respect to no more than one
   92  third of the area of such lake, including upland lake banks, as
   93  evidenced by means of an instrument recorded upon the applicable
   94  area of such lake which has been executed by the owner thereof
   95  with the formalities of a deed.
   96         (3) With respect to any rights derived from recorded or
   97  unrecorded easements or rights, interests, or servitudes in the
   98  nature of easements, or rights-of-way or terminal facilities
   99  specified in paragraph (1)(e) which are subject to subsection
  100  (2), the parcel owner may commence an action no later than 1
  101  year from the effective date of this act for a judicial
  102  determination as to whether the extinguishment of such rights
  103  under subsection (2) would unconstitutionally deprive the parcel
  104  owner of rights or property.
  105         (4) Any covenants or restrictions that have lapsed as
  106  provided in this chapter may not be revitalized under s. 712.11
  107  or s. 712.12 with respect to property that is used for
  108  affordable housing development, pursuant to s. 196.1978, in
  109  counties as defined under s. 125.011(1), and any such
  110  revitalization that becomes effective either before or after the
  111  development pursuant to s. 196.1978 of an affordable housing
  112  development in counties as defined under s. 125.011(1) is null
  113  and void with respect thereto.
  114         (5) Service of process for quiet title or other action to
  115  confirm the extinguishment of the matters described in this
  116  chapter may be made to a party by certified mail, return receipt
  117  requested. This method of service of process also applies to any
  118  other quiet title action that is otherwise made together with
  119  any action under this chapter, even though such other actions
  120  may not arise out of this chapter.
  121         Section 2. Subsection (3) of section 712.065, Florida
  122  Statutes, is amended to read:
  123         712.065 Extinguishment of discriminatory restrictions.—
  124         (3) Upon request of a parcel owner, a discriminatory
  125  restriction appearing in a covenant or restriction affecting the
  126  parcel may be removed from the covenant or restriction by an
  127  amendment approved by a majority vote of the board of directors
  128  of the respective property owners’ association or an owners’
  129  association in which all owners may voluntarily join,
  130  notwithstanding any other requirements for approval of an
  131  amendment of the covenant or restriction. Unless the amendment
  132  also changes other provisions of the covenant or restriction,
  133  the recording of an amendment removing a discriminatory
  134  restriction does not constitute a title transaction occurring
  135  after the root of title for purposes of s. 712.03(1)(d) s.
  136  712.03(4).
  137         Section 3. For the purpose of incorporating the amendment
  138  made by this act to section 712.03, Florida Statutes, in a
  139  reference thereto, subsection (1) of section 704.05, Florida
  140  Statutes, is reenacted to read:
  141         704.05 Easements and rights of entry.—
  142         (1) The rights and interests in land which are subject to
  143  being extinguished by marketable record title pursuant to the
  144  provisions of s. 712.04 shall include rights of entry or of an
  145  easement, given or reserved in any conveyance or devise of
  146  realty, when given or reserved for the purpose of mining,
  147  drilling, exploring, or developing for oil, gas, minerals, or
  148  fissionable materials, unless those rights of entry or easement
  149  are excepted or not affected by the provisions of s. 712.03 or
  150  s. 712.04. However, the provisions of this section shall not
  151  apply to interests reserved or otherwise held by the state or by
  152  any of its agencies, boards, or departments.
  153         Section 4. For the purpose of incorporating the amendment
  154  made by this act to section 712.03, Florida Statutes, in a
  155  reference thereto, section 712.02, Florida Statutes, is
  156  reenacted to read:
  157         712.02 Marketable record title; suspension of
  158  applicability.—Any person having the legal capacity to own land
  159  in this state, who, alone or together with her or his
  160  predecessors in title, has been vested with any estate in land
  161  of record for 30 years or more, shall have a marketable record
  162  title to such estate in said land, which shall be free and clear
  163  of all claims except the matters set forth as exceptions to
  164  marketability in s. 712.03. A person shall have a marketable
  165  record title when the public records disclosed a record title
  166  transaction affecting the title to the land which has been of
  167  record for not less than 30 years purporting to create such
  168  estate either in:
  169         (1) The person claiming such estate; or
  170         (2) Some other person from whom, by one or more title
  171  transactions, such estate has passed to the person claiming such
  172  estate, with nothing appearing of record, in either case,
  173  purporting to divest such claimant of the estate claimed.
  174         Section 5. For the purpose of incorporating the amendment
  175  made by this act to section 712.03, Florida Statutes, in
  176  references thereto, section 712.04, Florida Statutes, is
  177  reenacted to read:
  178         712.04 Interests extinguished by marketable record title.
  179  Subject to s. 712.03, a marketable record title is free and
  180  clear of all estates, interests, claims, covenants,
  181  restrictions, or charges, the existence of which depends upon
  182  any act, title transaction, event, zoning requirement, building
  183  or development permit, or omission that occurred before the
  184  effective date of the root of title. Except as provided in s.
  185  712.03, all such estates, interests, claims, covenants,
  186  restrictions, or charges, however denominated, whether they are
  187  or appear to be held or asserted by a person sui juris or under
  188  a disability, whether such person is within or without the
  189  state, natural or corporate, or private or governmental, are
  190  declared to be null and void. However, this chapter does not
  191  affect any right, title, or interest of the United States,
  192  Florida, or any of its officers, boards, commissions, or other
  193  agencies reserved in the patent or deed by which the United
  194  States, Florida, or any of its agencies parted with title. This
  195  section may not be construed to alter or invalidate:
  196         (1) A comprehensive plan or plan amendment; zoning
  197  ordinance; land development regulation; building code;
  198  development permit; development order; or other law, regulation,
  199  or regulatory approval, to the extent such law, regulation, or
  200  regulatory approval operates independently of matters recorded
  201  in the official records; or
  202         (2) Any recorded covenant or restriction that on the face
  203  of the first page of the document states that it was accepted by
  204  a governmental entity as part of, or as a condition of, any such
  205  comprehensive plan or plan amendment; zoning ordinance; land
  206  development regulation; building code; development permit;
  207  development order; or other law, regulation, or regulatory
  208  approval.
  209         Section 6. For the purpose of incorporating the amendment
  210  made by this act to section 712.03, Florida Statutes, in a
  211  reference thereto, section 712.10, Florida Statutes, is
  212  reenacted to read:
  213         712.10 Law to be liberally construed.—This law shall be
  214  liberally construed to effect the legislative purpose of
  215  simplifying and facilitating land title transactions by allowing
  216  persons to rely on a record title as described in s. 712.02
  217  subject only to such limitations as appear in s. 712.03.
  218         Section 7. This act shall take effect July 1, 2024.