Florida Senate - 2022 SB 1380 By Senator Rodriguez 39-01426-22 20221380__ 1 A bill to be entitled 2 An act relating to real property rights; amending s. 3 712.03, F.S.; revising rights that are not affected or 4 extinguished by marketable record titles; amending s. 5 712.04, F.S.; revising the types of interests 6 extinguished by marketable record titles; providing 7 construction; amending s. 712.12, F.S.; revising the 8 definition of the term covenant or restriction; 9 creating s. 715.075, F.S.; authorizing owners or 10 operators of private property used for motor vehicle 11 parking to establish rules, rates, and fines governing 12 private persons parking on the property; prohibiting 13 counties and municipalities from enacting any 14 ordinance or regulation attempting to restrict or 15 prohibit the owner or operator from adopting such 16 rules, rates, or fines; providing that any ordinance 17 or regulation making such attempt is a violation of 18 this act and is null and void; providing 19 applicability; requiring persons with certain 20 interests in land which may be extinguished by the act 21 to file a specified notice to preserve such interests; 22 providing a directive to the Division of Law Revision; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Subsection (1) of section 712.03, Florida 28 Statutes, is amended to read: 29 712.03Exceptions to marketability.Such marketable record 30 title shall not affect or extinguish the following rights: 31 (1)Estates or interests, easements and use restrictions 32 disclosed by and defects inherent in the muniments of title on 33 which said estate is based beginning with the root of title,; 34 provided, however, that in the muniments of title those estates, 35 interests, easements, or use restrictions created before the 36 root of title are preserved by identification in the legal 37 description of the property by specific reference to the 38 official records book and page number, instrument number, or 39 plat name or there is otherwise an affirmative statement in a 40 muniment of title to preserve such estates, interests, 41 easements, or use restrictions created before the root of title 42 as identified by the official records book and page or 43 instrument number a general reference in any of such muniments 44 to easements, use restrictions or other interests created prior 45 to the root of title shall not be sufficient to preserve them 46 unless specific identification by reference to book and page of 47 record or by name of recorded plat be made therein to a recorded 48 title transaction which imposed, transferred or continued such 49 easement, use restrictions or other interests; subject, however, 50 to the provisions of subsection (5). 51 Section 2.Section 712.04, Florida Statutes, is amended to 52 read: 53 712.04Interests extinguished by marketable record title. 54 Subject to s. 712.03, a marketable record title is free and 55 clear of all estates, interests, claims, covenants, 56 restrictions, or charges, the existence of which depends upon 57 any act, title transaction, event, zoning requirement, building 58 or development permit, or omission that occurred before the 59 effective date of the root of title. Except as provided in s. 60 712.03, all such estates, interests, claims, covenants, 61 restrictions, or charges, however denominated, whether they are 62 or appear to be held or asserted by a person sui juris or under 63 a disability, whether such person is within or without the 64 state, natural or corporate, or private or governmental, are 65 declared to be null and void. However, this chapter does not 66 affect any right, title, or interest of the United States, 67 Florida, or any of its officers, boards, commissions, or other 68 agencies reserved in the patent or deed by which the United 69 States, Florida, or any of its agencies parted with title. This 70 section may not be construed to alter or invalidate: 71 (1)A comprehensive plan or plan amendment; zoning 72 ordinance; land development regulation; building code; 73 development permit; development order; or other law, regulation, 74 or regulatory approval, to the extent such law, regulation, or 75 regulatory approval operates independently of matters recorded 76 in the official records; or 77 (2)Any recorded covenant or restriction that on the face 78 of the first page of the document states that it was accepted by 79 a governmental entity as part of, or as a condition of, any such 80 comprehensive plan or plan amendment; zoning ordinance; land 81 development regulation; building code; development permit; 82 development order; or other law, regulation, or regulatory 83 approval. 84 Section 3.Paragraph (b) of subsection (1) of section 85 712.12, Florida Statutes, is amended to read: 86 712.12Covenant or restriction revitalization by parcel 87 owners not subject to a homeowners association. 88 (1)As used in this section, the term: 89 (b)Covenant or restriction means any agreement or 90 limitation imposed by a private party and not required by a 91 governmental agency as a condition of a development permit, as 92 defined in s. 163.3164, which is contained in a document 93 recorded in the public records of the county in which a parcel 94 is located and which subjects the parcel to any use restriction 95 that may be enforced by a parcel owner. 96 Section 4.Section 715.075, Florida Statutes, is created to 97 read: 98 715.075Vehicles parked on private property; rules and 99 rates authorized. 100 (1)The owner or operator of a private property used for 101 motor vehicle parking may establish rules, rates, and fines that 102 govern private persons parking motor vehicles on such private 103 property. Such rules and rates may include parking charges and 104 fines for violating the property owners or operators rules. 105 (2)A county or municipality may not enact an ordinance or 106 a regulation restricting or prohibiting a right of a private 107 property owner or operator established under subsection (1). Any 108 such ordinance or regulation is a violation of this section and 109 is null and void. 110 Section 5.The amendments to ss. 712.03, 712.04, and 111 712.12, Florida Statutes, in this act are intended to clarify 112 existing law, are remedial in nature, and apply to all estates, 113 interests, claims, covenants, restrictions, and charges, whether 114 imposed or accepted before, on, or after the effective date of 115 this act. 116 Section 6.A person with an interest in land which may 117 potentially be extinguished by this act, and whose interest has 118 not been extinguished before July 1, 2022, must file a notice 119 pursuant to s. 712.06, Florida Statutes, by July 1, 2023, to 120 preserve such interest. 121 Section 7.The Division of Law Revision is directed to 122 replace the phrase the effective date of this act wherever it 123 occurs in this act with the date the act becomes a law. 124 Section 8.This act shall take effect upon becoming a law.