HB 219 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to marketable record titles to real 2
property; amending s. 712.03, F.S.; revising rights 3
that are not affected or extinguished by marketable 4
record titles; amending s. 712.04, F.S.; revising the 5
types of interests extinguished by a marketable record 6
title; providing construction; amending s. 712.12, 7
F.S.; revising the definition of the term "covenant or 8
restriction"; providing applicability; re quiring 9
persons with certain interests in land which may be 10
extinguished by this act to file a specified notice to 11
preserve such interests; providing a directive to the 12
Division of Law Revision; providing an effective date. 13
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Be It Enacted by the Legisl ature of the State of Florida: 15
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Section 1. Subsection (1) of section 712.03, Florida 17
Statutes, is amended to read: 18
712.03 Exceptions to marketability. —Such marketable record 19
title shall not affect or extinguish the following rights: 20
(1) Estates or interests, easements and use restrictions 21
disclosed by and defects inherent in the muniments of title on 22
which said estate is based beginning with the root of title ,; 23
provided, however, that in the muniments of title those estates, 24
interests, easements, or use restrictions created before the 25
HB 219 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
root of title are preserved by identification in the legal 26
description of the property by specific reference to the 27
official records book and page number, instrument number, or 28
plat name or there is otherwise an affirma tive statement in a 29
muniment of title to preserve such estates, interests, 30
easements, or use restrictions created before the root of title 31
as identified by the official records book and page or 32
instrument number a general reference in any of such muniments 33
to easements, use restrictions or other interests created prior 34
to the root of title shall not be sufficient to preserve them 35
unless specific identification by reference to book and page of 36
record or by name of recorded plat be made therein to a recorded 37
title transaction which imposed, transferred or continued such 38
easement, use restrictions or other interests ; subject, however, 39
to the provisions of subsection (5). 40
Section 2. Section 712.04, Florida Statutes, is amended to 41
read: 42
712.04 Interests ext inguished by marketable record title. —43
Subject to s. 712.03, a marketable record title is free and 44
clear of all estates, interests, claims, covenants, 45
restrictions, or charges, the existence of which depends upon 46
any act, title transaction, event, zoning requirement, building 47
or development permit, or omission that occurred before the 48
effective date of the root of title. Except as provided in s. 49
712.03, all such estates, interests, claims, covenants, 50
HB 219 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
restrictions, or charges, however denominated, whether the y are 51
or appear to be held or asserted by a person sui juris or under 52
a disability, whether such person is within or without the 53
state, natural or corporate, or private or governmental, are 54
declared to be null and void. However, this chapter does not 55
affect any right, title, or interest of the United States, 56
Florida, or any of its officers, boards, commissions, or other 57
agencies reserved in the patent or deed by which the United 58
States, Florida, or any of its agencies parted with title. This 59
section may not be construed to alter or invalidate: 60
(1) A comprehensive plan or plan amendment; zoning 61
ordinance; land development regulation; building code; 62
development permit; development order; or other law, regulation, 63
or regulatory approval, to the extent such la w, regulation, or 64
regulatory approval operates independently of matters recorded 65
in the official records; or 66
(2) Any recorded covenant or restriction that on the face 67
of the first page of the document states that it was accepted by 68
a governmental entity as part of, or as a condition of, any such 69
comprehensive plan or plan amendment; zoning ordinance; land 70
development regulation; building code; development permit; 71
development order; or other law, regulation, or regulatory 72
approval. 73
Section 3. Paragraph (b) of subsection (1) of section 74
712.12, Florida Statutes, is amended to read: 75
HB 219 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
712.12 Covenant or restriction revitalization by parcel 76
owners not subject to a homeowners' association. — 77
(1) As used in this section, the term: 78
(b) "Covenant or restrict ion" means any agreement or 79
limitation imposed by a private party and not required by a 80
governmental agency as a condition of a development permit, as 81
defined in s. 163.3164, which is contained in a document 82
recorded in the public records of the county in which a parcel 83
is located and which subjects the parcel to any use restriction 84
that may be enforced by a parcel owner. 85
Section 4. The amendments to ss. 712.03, 712.04, and 86
712.12, Florida Statutes, in this act are intended to clarify 87
existing law, are remedial in nature, and apply to all estates, 88
interests, claims, covenants, restrictions, and charges, whether 89
imposed or accepted before, on, or after the effective date of 90
this act. 91
Section 5. A person with an interest in land which may 92
potentially be extinguished by this act, and whose interest has 93
not been extinguished before July 1, 2022, must file a notice 94
pursuant to s. 712.06, Florida Statutes, by July 1, 2023, to 95
preserve such interest. 96
Section 6. The Division of Law Revision is directed to 97
replace the phrase "the effective date of this act" wherever it 98
occurs in this act with the date the act becomes a law. 99
Section 7. This act shall take effect upon becoming a law. 100