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