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