Florida Senate - 2022 CS for SB 1380 By the Committee on Rules; and Senator Rodriguez 595-03063-22 20221380c1 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; requiring 13 certain invoices to have a specified statement; 14 prohibiting counties and municipalities from enacting 15 any ordinance or regulation attempting to restrict or 16 prohibit the owner or operator from adopting such 17 rules, rates, or fines; providing that any ordinance 18 or regulation making such attempt is a violation of 19 this act and is null and void; providing 20 applicability; requiring persons with certain 21 interests in land which may be extinguished by the act 22 to file a specified notice to preserve such interests; 23 providing a directive to the Division of Law Revision; 24 providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1.Subsection (1) of section 712.03, Florida 29 Statutes, is amended to read: 30 712.03Exceptions to marketability.Such marketable record 31 title shall not affect or extinguish the following rights: 32 (1)Estates or interests, easements and use restrictions 33 disclosed by and defects inherent in the muniments of title on 34 which said estate is based beginning with the root of title,; 35 provided, however, that in the muniments of title those estates, 36 interests, easements, or use restrictions created before the 37 root of title are preserved by identification in the legal 38 description of the property by specific reference to the 39 official records book and page number, instrument number, or 40 plat name or there is otherwise an affirmative statement in a 41 muniment of title to preserve such estates, interests, 42 easements, or use restrictions created before the root of title 43 as identified by the official records book and page or 44 instrument number a general reference in any of such muniments 45 to easements, use restrictions or other interests created prior 46 to the root of title shall not be sufficient to preserve them 47 unless specific identification by reference to book and page of 48 record or by name of recorded plat be made therein to a recorded 49 title transaction which imposed, transferred or continued such 50 easement, use restrictions or other interests; subject, however, 51 to the provisions of subsection (5). 52 Section 2.Section 712.04, Florida Statutes, is amended to 53 read: 54 712.04Interests extinguished by marketable record title. 55 Subject to s. 712.03, a marketable record title is free and 56 clear of all estates, interests, claims, covenants, 57 restrictions, or charges, the existence of which depends upon 58 any act, title transaction, event, zoning requirement, building 59 or development permit, or omission that occurred before the 60 effective date of the root of title. Except as provided in s. 61 712.03, all such estates, interests, claims, covenants, 62 restrictions, or charges, however denominated, whether they are 63 or appear to be held or asserted by a person sui juris or under 64 a disability, whether such person is within or without the 65 state, natural or corporate, or private or governmental, are 66 declared to be null and void. However, this chapter does not 67 affect any right, title, or interest of the United States, 68 Florida, or any of its officers, boards, commissions, or other 69 agencies reserved in the patent or deed by which the United 70 States, Florida, or any of its agencies parted with title. This 71 section may not be construed to alter or invalidate: 72 (1)A comprehensive plan or plan amendment; zoning 73 ordinance; land development regulation; building code; 74 development permit; development order; or other law, regulation, 75 or regulatory approval, to the extent such law, regulation, or 76 regulatory approval operates independently of matters recorded 77 in the official records; or 78 (2)Any recorded covenant or restriction that on the face 79 of the first page of the document states that it was accepted by 80 a governmental entity as part of, or as a condition of, any such 81 comprehensive plan or plan amendment; zoning ordinance; land 82 development regulation; building code; development permit; 83 development order; or other law, regulation, or regulatory 84 approval. 85 Section 3.Paragraph (b) of subsection (1) of section 86 712.12, Florida Statutes, is amended to read: 87 712.12Covenant or restriction revitalization by parcel 88 owners not subject to a homeowners association. 89 (1)As used in this section, the term: 90 (b)Covenant or restriction means any agreement or 91 limitation imposed by a private party and not required by a 92 governmental agency as a condition of a development permit, as 93 defined in s. 163.3164, which is contained in a document 94 recorded in the public records of the county in which a parcel 95 is located and which subjects the parcel to any use restriction 96 that may be enforced by a parcel owner. 97 Section 4.Section 715.075, Florida Statutes, is created to 98 read: 99 715.075Vehicles parked on private property; rules and 100 rates authorized. 101 (1)The owner or operator of a private property used for 102 motor vehicle parking may establish rules, rates, and fines that 103 govern private persons parking motor vehicles on such private 104 property. Such rules and rates may include parking charges and 105 fines for violating the property owners or operators rules. An 106 invoice for rates or fines issued under this section must 107 include the following statement in uppercase type: 108 109 THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A 110 GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL 111 PENALTIES. 112 113 (2)A county or municipality may not enact an ordinance or 114 a regulation restricting or prohibiting a right of a private 115 property owner or operator established under subsection (1). Any 116 such ordinance or regulation is a violation of this section and 117 is null and void. 118 Section 5.The amendments to ss. 712.03, 712.04, and 119 712.12, Florida Statutes, in this act are intended to clarify 120 existing law, are remedial in nature, and apply to all estates, 121 interests, claims, covenants, restrictions, and charges, whether 122 imposed or accepted before, on, or after the effective date of 123 this act. 124 Section 6.A person with an interest in land which may 125 potentially be extinguished by this act, and whose interest has 126 not been extinguished before July 1, 2022, must file a notice 127 pursuant to s. 712.06, Florida Statutes, by July 1, 2023, to 128 preserve such interest. 129 Section 7.The Division of Law Revision is directed to 130 replace the phrase the effective date of this act wherever it 131 occurs in this act with the date the act becomes a law. 132 Section 8.This act shall take effect upon becoming a law.