CS for SB 1380 First Engrossed 20221380e1 1 A bill to be entitled 2 An act relating to real property rights; creating s. 3 125.412, F.S.; authorizing the board of county 4 commissioners of a charter county to release 5 conservation restrictions on county-owned property 6 without a referendum under certain circumstances; 7 amending s. 712.03, F.S.; revising rights that are not 8 affected or extinguished by marketable record titles; 9 amending s. 712.04, F.S.; revising the types of 10 interests extinguished by marketable record titles; 11 providing construction; amending s. 712.12, F.S.; 12 revising the definition of the term covenant or 13 restriction; creating s. 715.075, F.S.; authorizing 14 owners or operators of private property used for motor 15 vehicle parking to establish rules and rates governing 16 private persons parking on the property; requiring 17 that such rules and rates be posted and clearly 18 visible to persons parking motor vehicles on the 19 property; requiring certain invoices to have a 20 specified statement; prohibiting counties and 21 municipalities from enacting any ordinance or 22 regulation attempting to restrict or prohibit the 23 owner or operator from adopting such rules, rates, or 24 fines; providing that any ordinance or regulation 25 making such attempt is a violation of this act and is 26 null and void; providing applicability; requiring 27 persons and certain counties with certain interests in 28 land which may be extinguished by the act to file a 29 specified notice to preserve such interests; providing 30 a directive to the Division of Law Revision; providing 31 an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1.Section 125.412, Florida Statutes, is created to 36 read: 37 125.412Release of conservation restrictions on land owned 38 by charter counties.The board of county commissioners of a 39 charter county may release a conservation designation or 40 conservation easement on county-owned property without a 41 referendum, notwithstanding the county charter, if the property 42 will be used for any K-12 educational or athletic purpose by an 43 educational institution that serves students in kindergarten 44 through 12th grade and the property is contiguous to the 45 educational institution. 46 Section 2.Subsection (1) of section 712.03, Florida 47 Statutes, is amended to read: 48 712.03Exceptions to marketability.Such marketable record 49 title shall not affect or extinguish the following rights: 50 (1)Estates or interests, easements and use restrictions 51 disclosed by and defects inherent in the muniments of title on 52 which said estate is based beginning with the root of title,; 53 provided, however, that in the muniments of title those estates, 54 interests, easements, or use restrictions created before the 55 root of title are preserved by identification in the legal 56 description of the property by specific reference to the 57 official records book and page number, instrument number, or 58 plat name or there is otherwise an affirmative statement in a 59 muniment of title to preserve such estates, interests, 60 easements, or use restrictions created before the root of title 61 as identified by the official records book and page or 62 instrument number a general reference in any of such muniments 63 to easements, use restrictions or other interests created prior 64 to the root of title shall not be sufficient to preserve them 65 unless specific identification by reference to book and page of 66 record or by name of recorded plat be made therein to a recorded 67 title transaction which imposed, transferred or continued such 68 easement, use restrictions or other interests; subject, however, 69 to the provisions of subsection (5). 70 Section 3.Section 712.04, Florida Statutes, is amended to 71 read: 72 712.04Interests extinguished by marketable record title. 73 Subject to s. 712.03, a marketable record title is free and 74 clear of all estates, interests, claims, covenants, 75 restrictions, or charges, the existence of which depends upon 76 any act, title transaction, event, zoning requirement, building 77 or development permit, or omission that occurred before the 78 effective date of the root of title. Except as provided in s. 79 712.03, all such estates, interests, claims, covenants, 80 restrictions, or charges, however denominated, whether they are 81 or appear to be held or asserted by a person sui juris or under 82 a disability, whether such person is within or without the 83 state, natural or corporate, or private or governmental, are 84 declared to be null and void. However, this chapter does not 85 affect any right, title, or interest of the United States, 86 Florida, or any of its officers, boards, commissions, or other 87 agencies reserved in the patent or deed by which the United 88 States, Florida, or any of its agencies parted with title. This 89 section may not be construed to alter or invalidate: 90 (1)A comprehensive plan or plan amendment; zoning 91 ordinance; land development regulation; building code; 92 development permit; development order; or other law, regulation, 93 or regulatory approval, to the extent such law, regulation, or 94 regulatory approval operates independently of matters recorded 95 in the official records; or 96 (2)Any recorded covenant or restriction that on the face 97 of the first page of the document states that it was accepted by 98 a governmental entity as part of, or as a condition of, any such 99 comprehensive plan or plan amendment; zoning ordinance; land 100 development regulation; building code; development permit; 101 development order; or other law, regulation, or regulatory 102 approval. 103 Section 4.Paragraph (b) of subsection (1) of section 104 712.12, Florida Statutes, is amended to read: 105 712.12Covenant or restriction revitalization by parcel 106 owners not subject to a homeowners association. 107 (1)As used in this section, the term: 108 (b)Covenant or restriction means any agreement or 109 limitation imposed by a private party and not required by a 110 governmental agency as a condition of a development permit, as 111 defined in s. 163.3164, which is contained in a document 112 recorded in the public records of the county in which a parcel 113 is located and which subjects the parcel to any use restriction 114 that may be enforced by a parcel owner. 115 Section 5.Section 715.075, Florida Statutes, is created to 116 read: 117 715.075Vehicles parked on private property; rules and 118 rates authorized. 119 (1)The owner or operator of a private property used for 120 motor vehicle parking may establish rules and rates that govern 121 private persons parking motor vehicles on such private property. 122 Such rules and rates may include parking charges for violating 123 the property owners or operators rules and must be posted and 124 clearly visible to persons parking motor vehicles on such 125 private property. An invoice for parking charges issued under 126 this section must include the following statement in uppercase 127 type: 128 129 THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A 130 GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL 131 PENALTIES. 132 133 (2)A county or municipality may not enact an ordinance or 134 a regulation restricting or prohibiting a right of a private 135 property owner or operator established under subsection (1). Any 136 such ordinance or regulation is a violation of this section and 137 is null and void. 138 Section 6.The amendments to ss. 712.03, 712.04, and 139 712.12, Florida Statutes, in this act are intended to clarify 140 existing law, are remedial in nature, and apply to all estates, 141 interests, claims, covenants, restrictions, and charges, whether 142 imposed or accepted before, on, or after the effective date of 143 this act. 144 Section 7.A person with an interest in land which may 145 potentially be extinguished by this act, and whose interest has 146 not been extinguished before July 1, 2022, must file a notice 147 pursuant to s. 712.06, Florida Statutes, by July 1, 2023, to 148 preserve such interest. Any county as defined in s. 125.011(1), 149 Florida Statutes, with an interest in land which may potentially 150 be extinguished by this act, and whose interest has not been 151 extinguished before July 1, 2022, must file a notice pursuant to 152 s. 712.06, Florida Statutes, by July 1, 2025, to preserve such 153 interest. 154 Section 8.The Division of Law Revision is directed to 155 replace the phrase the effective date of this act wherever it 156 occurs in this act with the date the act becomes a law. 157 Section 9.This act shall take effect upon becoming a law.