Florida Senate - 2021                             CS for SB 1520
       
       
        
       By the Committee on Judiciary; and Senator Boyd
       
       
       
       
       
       590-02627-21                                          20211520c1
    1                        A bill to be entitled                      
    2         An act relating to ancillary property rights; creating
    3         s. 704.09, F.S.; defining the term “utility easement”;
    4         providing that a utility easement is an interest in
    5         real property and subject to certain actions unless
    6         otherwise provided in the instrument creating the
    7         easement; providing that the easement is not an undue
    8         burden; amending s. 712.03, F.S.; revising rights that
    9         are not affected or extinguished by marketable record
   10         titles; amending s. 712.04, F.S.; revising what types
   11         of interests are extinguished by a marketable record
   12         title; providing construction; amending s. 712.12,
   13         F.S.; revising the definition of the term “covenant or
   14         restriction”; providing applicability; requiring
   15         persons with certain interests in land which may be
   16         extinguished by this act to file a specified notice to
   17         preserve such interests; providing a directive to the
   18         Division of Law Revision; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 704.09, Florida Statutes, is created to
   23  read:
   24         704.09Utility easements.—
   25         (1)For purposes of this section, the term “utility
   26  easement” means an easement, created by a written grant of
   27  easement, for the purpose of providing utility services such as
   28  water, wastewater, reclaimed water, natural gas, electricity,
   29  drainage, and other utility services.
   30         (2)A utility easement is an interest in real property
   31  subject to s. 695.01. Unless otherwise expressly provided in the
   32  instrument by which it is created, a utility easement may be
   33  alienated, assigned, partially assigned, divided, transferred,
   34  or apportioned as a divided or undivided interest by its grantee
   35  and its successors and assigns. Provided the assignment is
   36  consistent with the terms set forth in the instrument creating
   37  the utility easement, the assignment is not an undue burden upon
   38  the servient estate.
   39         Section 2. Subsection (1) of section 712.03, Florida
   40  Statutes, is amended to read:
   41         712.03 Exceptions to marketability.—Such marketable record
   42  title shall not affect or extinguish the following rights:
   43         (1) Estates or interests, easements and use restrictions
   44  disclosed by and defects inherent in the muniments of title on
   45  which said estate is based beginning with the root of title,;
   46  provided, however, that in the muniments of title those estates,
   47  interests, easements, or use restrictions created before the
   48  root of title are preserved by identification in the legal
   49  description of the property by specific reference to the
   50  official records book and page number, instrument number, or
   51  plat name or there is otherwise an affirmative statement in a
   52  muniment of title to preserve such estates, interests,
   53  easements, or use restrictions created before the root of title
   54  as identified by the official records book and page or
   55  instrument number a general reference in any of such muniments
   56  to easements, use restrictions or other interests created prior
   57  to the root of title shall not be sufficient to preserve them
   58  unless specific identification by reference to book and page of
   59  record or by name of recorded plat be made therein to a recorded
   60  title transaction which imposed, transferred or continued such
   61  easement, use restrictions or other interests; subject, however,
   62  to the provisions of subsection (5).
   63         Section 3. Section 712.04, Florida Statutes, is amended to
   64  read:
   65         712.04 Interests extinguished by marketable record title.
   66  Subject to s. 712.03, a marketable record title is free and
   67  clear of all estates, interests, claims, covenants,
   68  restrictions, or charges, the existence of which depends upon
   69  any act, title transaction, event, zoning requirement, building
   70  or development permit, or omission that occurred before the
   71  effective date of the root of title. Except as provided in s.
   72  712.03, all such estates, interests, claims, covenants,
   73  restrictions, or charges, however denominated, whether they are
   74  or appear to be held or asserted by a person sui juris or under
   75  a disability, whether such person is within or without the
   76  state, natural or corporate, or private or governmental, are
   77  declared to be null and void. However, this chapter does not
   78  affect any right, title, or interest of the United States,
   79  Florida, or any of its officers, boards, commissions, or other
   80  agencies reserved in the patent or deed by which the United
   81  States, Florida, or any of its agencies parted with title. This
   82  section may not be construed to alter or invalidate:
   83         (1)A comprehensive plan or plan amendment; zoning
   84  ordinance; land development regulation; building code;
   85  development permit; development order; or other law, regulation,
   86  or regulatory approval, to the extent such law, regulation, or
   87  regulatory approval operates independently of matters recorded
   88  in the official records; or
   89         (2)Any recorded covenant or restriction that on the face
   90  of the first page of the document states that it was accepted by
   91  a governmental entity as part of, or as a condition of, any such
   92  comprehensive plan or plan amendment; zoning ordinance; land
   93  development regulation; building code; development permit;
   94  development order; or other law, regulation, or regulatory
   95  approval.
   96         Section 4. Paragraph (b) of subsection (1) of section
   97  712.12, Florida Statutes, is amended to read:
   98         712.12 Covenant or restriction revitalization by parcel
   99  owners not subject to a homeowners’ association.—
  100         (1) As used in this section, the term:
  101         (b) “Covenant or restriction” means any agreement or
  102  limitation imposed by a private party and not required by a
  103  governmental agency as a condition of a development permit, as
  104  defined in s. 163.3164, which is contained in a document
  105  recorded in the public records of the county in which a parcel
  106  is located and which subjects the parcel to any use restriction
  107  that may be enforced by a parcel owner.
  108         Section 5. The amendments to ss. 712.03, 712.04, and
  109  712.12, Florida Statutes, in this act are intended to clarify
  110  existing law, are remedial in nature, and apply to all estates,
  111  interests, claims, covenants, restrictions, and charges, whether
  112  imposed or accepted before, on, or after the effective date of
  113  this act.
  114         Section 6. A person with an interest in land which may
  115  potentially be extinguished by this act, and whose interest has
  116  not been extinguished before July 1, 2021, must file a notice
  117  pursuant to s. 712.06, Florida Statutes, by July 1, 2022, to
  118  preserve such interest.
  119         Section 7. The Division of Law Revision is directed to
  120  replace the phrase “the effective date of this act” wherever it
  121  occurs in this act with the date the act becomes a law.
  122         Section 8. This act shall take effect upon becoming a law.