FL
Florida House Bill H0219

Florida 2022 Regular Session

Florida House Bill H0219 Compare Versions

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1010 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
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1414 A bill to be entitled 1
15-An act relating to real property rights; amending s. 2
16-712.03, F.S.; revising rights that are not affected or 3
17-extinguished by marketable record titles; amending s. 4
18-712.04, F.S.; revising the types of interests 5
19-extinguished by a marketable record title; providing 6
20-construction; amending s. 712.12, F.S.; revising the 7
21-definition of the term "covenant or restriction"; 8
22-creating s. 715.075, F.S.; authorizing the owner or 9
23-operator of private property used for motor vehicle 10
24-parking to establish rules , rates, and fines, 11
25-including parking charges, which govern private 12
26-persons who park their motor vehicles on such private 13
27-property; prohibiting a county or municipality from 14
28-enacting certain ordinances or regulations; providing 15
29-that certain ordinances and regulations are null and 16
30-void; providing applicability; requiring persons with 17
31-certain interests in land which may be extinguished by 18
32-this act to file a certain notice by a specif ied date 19
33-to preserve such interests; providing a directive to 20
34-the Division of Law Revision; providing an effective 21
35-date. 22
36- 23
37-Be It Enacted by the Legislature of the State of Florida: 24
38- 25
15+An act relating to marketable record titles to real 2
16+property; amending s. 712.03, F.S.; revising rights 3
17+that are not affected or extinguished by marketable 4
18+record titles; amending s. 712.04, F.S.; revising the 5
19+types of interests extinguished by a marketable record 6
20+title; providing construction; amending s. 712.12, 7
21+F.S.; revising the definition of the term "covenant or 8
22+restriction"; providing applicability; re quiring 9
23+persons with certain interests in land which may be 10
24+extinguished by this act to file a specified notice to 11
25+preserve such interests; providing a directive to the 12
26+Division of Law Revision; providing an effective date. 13
27+ 14
28+Be It Enacted by the Legisl ature of the State of Florida: 15
29+ 16
30+ Section 1. Subsection (1) of section 712.03, Florida 17
31+Statutes, is amended to read: 18
32+ 712.03 Exceptions to marketability. —Such marketable record 19
33+title shall not affect or extinguish the following rights: 20
34+ (1) Estates or interests, easements and use restrictions 21
35+disclosed by and defects inherent in the muniments of title on 22
36+which said estate is based beginning with the root of title ,; 23
37+provided, however, that in the muniments of title those estates, 24
38+interests, easements, or use restrictions created before the 25
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4747 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
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51- Section 1. Subsection (1) of section 712.03, Florida 26
52-Statutes, is amended to read: 27
53- 712.03 Exceptions to marketability. —Such marketable record 28
54-title shall not affect or extinguish the following rights: 29
55- (1) Estates, or interests, easements , and use restrictions 30
56-disclosed by and defects inherent in the muniments of title on 31
57-which said estate is based beginning with the root of title ,; 32
58-provided, however, that in the muniments of title those estates, 33
59-interests, easements, or use restrictions created before the 34
60-root of title are preserved by identification in the legal 35
61-description of the property by specific reference to the 36
62-official records book and page number, instrument number, or 37
63-plat name or there is otherwise an affirmative statement in a 38
64-muniment of title to preserve such estates, interests, 39
65-easements, or use restrict ions created before the root of title 40
66-as identified by the official records book and page or 41
67-instrument number a general reference in any of such muniments 42
68-to easements, use restrictions or other interests created prior 43
69-to the root of title shall not be su fficient to preserve them 44
70-unless specific identification by reference to book and page of 45
71-record or by name of recorded plat be made therein to a recorded 46
72-title transaction which imposed, transferred or continued such 47
73-easement, use restrictions or other in terests; subject, however, 48
74-to the provisions of subsection (5). 49
75- Section 2. Section 712.04, Florida Statutes, is amended to 50
51+root of title are preserved by identification in the legal 26
52+description of the property by specific reference to the 27
53+official records book and page number, instrument number, or 28
54+plat name or there is otherwise an affirma tive statement in a 29
55+muniment of title to preserve such estates, interests, 30
56+easements, or use restrictions created before the root of title 31
57+as identified by the official records book and page or 32
58+instrument number a general reference in any of such muniments 33
59+to easements, use restrictions or other interests created prior 34
60+to the root of title shall not be sufficient to preserve them 35
61+unless specific identification by reference to book and page of 36
62+record or by name of recorded plat be made therein to a recorded 37
63+title transaction which imposed, transferred or continued such 38
64+easement, use restrictions or other interests ; subject, however, 39
65+to the provisions of subsection (5). 40
66+ Section 2. Section 712.04, Florida Statutes, is amended to 41
67+read: 42
68+ 712.04 Interests ext inguished by marketable record title. —43
69+Subject to s. 712.03, a marketable record title is free and 44
70+clear of all estates, interests, claims, covenants, 45
71+restrictions, or charges, the existence of which depends upon 46
72+any act, title transaction, event, zoning requirement, building 47
73+or development permit, or omission that occurred before the 48
74+effective date of the root of title. Except as provided in s. 49
75+712.03, all such estates, interests, claims, covenants, 50
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8484 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
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88-read: 51
89- 712.04 Interests extinguished by marketable record title. —52
90-Subject to s. 712.03, a marketable record title is free and 53
91-clear of all estates, interests, claims, covenants, 54
92-restrictions, or charges, the existence of which depends upon 55
93-any act, title transaction, event, zoning requirement, building 56
94-or development permit, or omission that occurred before the 57
95-effective date of the root of title. Except as provided in s. 58
96-712.03, all such estates, interests, claims, covenants, 59
97-restrictions, or charges, however denominated, whether they are 60
98-or appear to be held or asserted by a person sui juris or under 61
99-a disability, whether such pers on is within or without the 62
100-state, natural or corporate, or private or governmental, are 63
101-declared to be null and void. However, this chapter does not 64
102-affect any right, title, or interest of the United States, 65
103-Florida, or any of its officers, boards, commis sions, or other 66
104-agencies reserved in the patent or deed by which the United 67
105-States, Florida, or any of its agencies parted with title. This 68
106-section may not be construed to alter or invalidate: 69
107- (1) A comprehensive plan or plan amendment; zoning 70
108-ordinance; land development regulation; building code; 71
109-development permit; development order; or other law, regulation, 72
110-or regulatory approval, to the extent such law, regulation, or 73
111-regulatory approval operates independently of matters recorded 74
112-in the official reco rds; or 75
88+restrictions, or charges, however denominated, whether the y are 51
89+or appear to be held or asserted by a person sui juris or under 52
90+a disability, whether such person is within or without the 53
91+state, natural or corporate, or private or governmental, are 54
92+declared to be null and void. However, this chapter does not 55
93+affect any right, title, or interest of the United States, 56
94+Florida, or any of its officers, boards, commissions, or other 57
95+agencies reserved in the patent or deed by which the United 58
96+States, Florida, or any of its agencies parted with title. This 59
97+section may not be construed to alter or invalidate: 60
98+ (1) A comprehensive plan or plan amendment; zoning 61
99+ordinance; land development regulation; building code; 62
100+development permit; development order; or other law, regulation, 63
101+or regulatory approval, to the extent such la w, regulation, or 64
102+regulatory approval operates independently of matters recorded 65
103+in the official records; or 66
104+ (2) Any recorded covenant or restriction that on the face 67
105+of the first page of the document states that it was accepted by 68
106+a governmental entity as part of, or as a condition of, any such 69
107+comprehensive plan or plan amendment; zoning ordinance; land 70
108+development regulation; building code; development permit; 71
109+development order; or other law, regulation, or regulatory 72
110+approval. 73
111+ Section 3. Paragraph (b) of subsection (1) of section 74
112+712.12, Florida Statutes, is amended to read: 75
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121121 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
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125- (2) Any recorded covenant or restriction that on the face 76
126-of the first page of the document states that it was accepted by 77
127-a governmental entity as part of, or as a condition of, any such 78
128-comprehensive plan or plan amendment; zoning ordinance; la nd 79
129-development regulation; building code; development permit; 80
130-development order; or other law, regulation, or regulatory 81
131-approval. 82
132- Section 3. Paragraph (b) of subsection (1) of section 83
133-712.12, Florida Statutes, is amended to read: 84
134- 712.12 Covenant or restriction revitalization by parcel 85
135-owners not subject to a homeowners' association. — 86
136- (1) As used in this section, the term: 87
137- (b) "Covenant or restriction" means any agreement or 88
138-limitation imposed by a private party and not required by a 89
139-governmental agency as a condition of a development permit, as 90
140-defined in s. 163.3164, which is contained in a document 91
141-recorded in the public records of the county in which a parcel 92
142-is located and which subjects the parcel to any use restriction 93
143-that may be enforced b y a parcel owner. 94
144- Section 4. Section 715.075, Florida Statutes, is created 95
145-to read: 96
146- 715.075 Vehicles parked on private property; rules and 97
147-rates authorized.— 98
148- (1) The owner or operator of private property used for 99
149-motor vehicle parking may establish rules, rates, and fines that 100
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158-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
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162-govern private persons who park their motor vehicles on such 101
163-private property. The rules and rates may include parking 102
164-charges and fines for violating the private property owner's or 103
165-operator's rules. 104
166- (2) A county or municip ality may not enact an ordinance or 105
167-regulation restricting or prohibiting the right of a private 106
168-property owner or operator to establish rules , rates, and fines 107
169-pursuant to subsection (1). Any such ordinance or regulation is 108
170-a violation of this section and is null and void. 109
171- Section 5. The amendments to ss. 712.03, 712.04, and 110
172-712.12, Florida Statutes, in this act are intended to clarify 111
173-existing law, are remedial in nature, and apply to all estates, 112
174-interests, claims, covenants, restrictions, and charge s, whether 113
175-imposed or accepted before, on, or after the effective date of 114
176-this act. 115
177- Section 6. A person with an interest in land which may 116
178-potentially be extinguished by this act, and whose interest has 117
179-not been extinguished before July 1, 2022, must f ile a notice 118
180-pursuant to s. 712.06, Florida Statutes, by July 1, 2023, to 119
181-preserve such interest. 120
182- Section 7. The Division of Law Revision is directed to 121
183-replace the phrase "the effective date of this act" wherever it 122
184-occurs in this act with the date th e act becomes a law. 123
185- Section 8. This act shall take effect upon becoming a law. 124
125+ 712.12 Covenant or restriction revitalization by parcel 76
126+owners not subject to a homeowners' association. — 77
127+ (1) As used in this section, the term: 78
128+ (b) "Covenant or restrict ion" means any agreement or 79
129+limitation imposed by a private party and not required by a 80
130+governmental agency as a condition of a development permit, as 81
131+defined in s. 163.3164, which is contained in a document 82
132+recorded in the public records of the county in which a parcel 83
133+is located and which subjects the parcel to any use restriction 84
134+that may be enforced by a parcel owner. 85
135+ Section 4. The amendments to ss. 712.03, 712.04, and 86
136+712.12, Florida Statutes, in this act are intended to clarify 87
137+existing law, are remedial in nature, and apply to all estates, 88
138+interests, claims, covenants, restrictions, and charges, whether 89
139+imposed or accepted before, on, or after the effective date of 90
140+this act. 91
141+ Section 5. A person with an interest in land which may 92
142+potentially be extinguished by this act, and whose interest has 93
143+not been extinguished before July 1, 2022, must file a notice 94
144+pursuant to s. 712.06, Florida Statutes, by July 1, 2023, to 95
145+preserve such interest. 96
146+ Section 6. The Division of Law Revision is directed to 97
147+replace the phrase "the effective date of this act" wherever it 98
148+occurs in this act with the date the act becomes a law. 99
149+ Section 7. This act shall take effect upon becoming a law. 100