FL
Florida House Bill H1229

Florida 2024 Regular Session

Florida House Bill H1229 Compare Versions

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1010 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
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1414 A bill to be entitled 1
15-An act relating to termination of easements and 2
16-related rights or interests for affordable housing 3
17-development; amending s. 420.0003, F.S.; requiring 4
18-local assistance plans to authorize the termination of 5
19-easements or rights, interests, or servitudes in the 6
20-nature of easements for use of or access to a lake and 7
21-its upland banks in specified circumstances to develop 8
22-affordable housing; providing a termination method; 9
23-requiring the recording of a specified notice in the 10
24-public records; providing requirements for such 11
25-notice; requiring the recording of specified final 12
26-orders and instruments in the public records; 13
27-providing an effective date. 14
28- 15
29-Be It Enacted by the Legislature of the State of Florida: 16
30- 17
31- Section 1. Paragraph (f) is added to subsection (3) of 18
32-section 420.0003, Florida Statutes, to read: 19
33- 420.0003 State housing strategy. — 20
34- (3) IMPLEMENTATION. —The state, in carrying out the 21
35-strategy articulated in this section, shall have the following 22
36-duties: 23
37- (f) Local assistance plans must authorize the termination 24
38-of recorded and unrecorded easements or rights, interests, or 25
15+An act relating to marketable record title to real 2
16+property; amending s. 712.03, F.S.; providing that 3
17+certain rights are extinguished for the redevelopment 4
18+of a certain portion of a lake that meets certain 5
19+criteria if such redevelopment is for the purpose of 6
20+developing affordable housing; requiring the 7
21+preservation of such rights to be evidenced by a 8
22+recorded instrument; authorizing a parcel owner to 9
23+seek a judicial determination within a certain 10
24+timeframe; prohibiting the revitalization of certain 11
25+lapsed covenants or restrictions; providing a method 12
26+for service of process of quiet title and certain 13
27+other actions; amending s. 712.065, F.S.; conforming a 14
28+cross-reference; reenacting ss. 704.05(1), 712.02, 15
29+712.04, and 712.10, F.S., relating to easements and 16
30+rights of entry, marketable record title and 17
31+suspension of applicability, interests extinguished by 18
32+marketable record title, and law to be liberally 19
33+construed, respectively, to incorporate the amendment 20
34+made to s. 712.03, F.S., in references thereto; 21
35+providing an effective date. 22
36+ 23
37+Be It Enacted by the Legislature of the State of Florida: 24
38+ 25
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4747 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
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51-servitudes in the nature of easements for use of or access to a 26
52-lake with respect to up to no more than one -third of the area of 27
53-such lake and its upland banks for purposes of redeveloping the 28
54-land to create affordable housing under this chapter and 29
55-pursuant to s. 196.1978 within 90 days after the date of such 30
56-authorization request. Th e authorization may apply to easements, 31
57-interests, and servitudes in favor of the public or any other 32
58-party, other than a public utility or governmental body or 33
59-agency. Termination of interests is achieved through a quiet 34
60-title action, for which service of process may be made to a 35
61-party by certified mail, return receipt requested. At the time 36
62-of filing a quiet title action, a notice must be recorded in the 37
63-public records in the county in which the land is located. Such 38
64-notice shall identify the action seeki ng to terminate easements, 39
65-rights, or servitudes to use or access the specified lake; the 40
66-interests to be terminated; the names of the record owners of 41
67-those interests and the owners of the land underlying the lake 42
68-and its banks; and a legal description of the lake and its 43
69-banks. Upon issuance of a final order quieting title to any 44
70-interest, such order together with an instrument describing all 45
71-interests that have been extinguished and providing a legal 46
72-description of the newly established boundaries of the lake must 47
73-also be recorded in the public records in the county in which 48
74-the land is located. 49
75- Section 2. This act shall take effect July 1, 2024. 50
51+ Section 1. Section 712.03, Florida Statutes, is amended to 26
52+read: 27
53+ 712.03 Exceptions to marketability ; redevelopment 28
54+restrictions; legal action; service of process .— 29
55+ (1) Such marketable record title does shall not affect or 30
56+extinguish the following rights: 31
57+ (a)(1) Estates or interests, easements and use 32
58+restrictions disclosed by and defects inherent in the muniments 33
59+of title on which said estate is based beginning with the root 34
60+of title, provided that in the muniments of title those estates, 35
61+interests, easements, or use restrictions created before the 36
62+root of title are preserved by identification in the legal 37
63+description of the property by specific reference to the 38
64+official records book and page number, instrument number, or 39
65+plat name or there is otherwise an affirmative statement in a 40
66+muniment of title to preserve such e states, interests, 41
67+easements, or use restrictions created before the root of title 42
68+as identified by the official records book and page or 43
69+instrument number; subject, however, to paragraph (e) subsection 44
70+(5). 45
71+ (b)(2) Estates, interests, claims, or charges, or any 46
72+covenant or restriction, preserved by the filing of a proper 47
73+notice in accordance with the provisions hereof. 48
74+ (c)(3) Rights of any person in possession of the lands, so 49
75+long as such person is in such possession. 50
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84+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
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88+ (d)(4) Estates, interests, claim s, or charges arising out 51
89+of a title transaction which has been recorded subsequent to the 52
90+effective date of the root of title. 53
91+ (e)(5) Recorded or unrecorded easements or rights, 54
92+interest or servitude in the nature of easements, rights -of-way 55
93+and terminal facilities, including those of a public utility or 56
94+of a governmental agency, so long as the same are used and the 57
95+use of any part thereof shall except from the operation hereof 58
96+the right to the entire use thereof. No notice need be filed in 59
97+order to preserve the lien of any mortgage or deed of trust or 60
98+any supplement thereto encumbering any such recorded or 61
99+unrecorded easements, or rights, interest, or servitude in the 62
100+nature of easements, rights -of-way, and terminal facilities. 63
101+However, nothing herein sh all be construed as preserving to the 64
102+mortgagee or grantee of any such mortgage or deed of trust or 65
103+any supplement thereto any greater rights than the rights of the 66
104+mortgagor or grantor. 67
105+ (f)(6) Rights of any person in whose name the land is 68
106+assessed on the county tax rolls for such period of time as the 69
107+land is so assessed and which rights are preserved for a period 70
108+of 3 years after the land is last assessed in such person's 71
109+name. 72
110+ (g)(7) State title to lands beneath navigable waters 73
111+acquired by virtue o f sovereignty. 74
112+ (h)(8) A restriction or covenant recorded pursuant to 75
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121+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
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125+chapter 376 or chapter 403. 76
126+ (i)(9) Any right, title, or interest held by the Board of 77
127+Trustees of the Internal Improvement Trust Fund, any water 78
128+management district created under chap ter 373, or the United 79
129+States. 80
130+ (2) Notwithstanding any provision in paragraph (1)(e) to 81
131+the contrary, in order to foster affordable housing development 82
132+pursuant to s. 196.1978 in a county as defined under s. 83
133+125.011(1), the redevelopment of lakes that are restricted by 84
134+recorded or unrecorded easements or rights, interests, or 85
135+servitudes in the nature of easements for use of or access to a 86
136+lake which are in favor of the public or any other party, other 87
137+than a public utility or a governmental agency, and meet the 88
138+requirements of marketable record title pursuant to s. 712.02, 89
139+but which may not be extinguished under paragraph (1)(e), must 90
140+nevertheless be extinguished with respect to no more than one -91
141+third of the area of such lake, including upland lake banks , as 92
142+evidenced by means of an instrument recorded upon the applicable 93
143+area of such lake which has been executed by the owner thereof 94
144+with the formalities of a deed. 95
145+ (3) With respect to any rights derived from recorded or 96
146+unrecorded easements or rights, i nterests, or servitudes in the 97
147+nature of easements, or rights -of-way or terminal facilities 98
148+specified in paragraph (1)(e) which are subject to subsection 99
149+(2), the parcel owner may commence an action no later than 1 100
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158+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
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162+year after the effective date of this act for a judicial 101
163+determination as to whether the extinguishment of such rights 102
164+under subsection (2) would unconstitutionally deprive the parcel 103
165+owner of rights or property. 104
166+ (4) Any covenants or restrictions that have lapsed as 105
167+provided in this chapter may not be revitalized under s. 712.11 106
168+or s. 712.12 with respect to property that is used for 107
169+affordable housing development, pursuant to s. 196.1978, in a 108
170+county as defined under s. 125.011(1) and any such 109
171+revitalization that becomes effective either before or after the 110
172+development pursuant to s. 196.1978 of an affordable housing 111
173+development in a county as defined under s. 125.011(1) is null 112
174+and void with respect thereto. 113
175+ (5) Service of process for quiet title or other action to 114
176+confirm the extinguishment o f the matters described in this 115
177+chapter may be made to a party by certified mail, return receipt 116
178+requested. This method of service of process also applies to any 117
179+other quiet title action that is otherwise made together with 118
180+any action under this chapter, e ven though such other actions 119
181+may not arise out of this chapter. 120
182+ Section 2. Subsection (3) of section 712.065, Florida 121
183+Statutes, is amended to read: 122
184+ 712.065 Extinguishment of discriminatory restrictions. — 123
185+ (3) Upon request of a parcel owner, a discr iminatory 124
186+restriction appearing in a covenant or restriction affecting the 125
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195+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
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199+parcel may be removed from the covenant or restriction by an 126
200+amendment approved by a majority vote of the board of directors 127
201+of the respective property owners' association or an own ers' 128
202+association in which all owners may voluntarily join, 129
203+notwithstanding any other requirements for approval of an 130
204+amendment of the covenant or restriction. Unless the amendment 131
205+also changes other provisions of the covenant or restriction, 132
206+the recording of an amendment removing a discriminatory 133
207+restriction does not constitute a title transaction occurring 134
208+after the root of title for purposes of s. 712.03(1)(d) s. 135
209+712.03(4). 136
210+ Section 3. For the purpose of incorporating the amendment 137
211+made by this act to section 712.03, Florida Statutes, in a 138
212+reference thereto, subsection (1) of section 704.05, Florida 139
213+Statutes, is reenacted to read: 140
214+ 704.05 Easements and rights of entry. — 141
215+ (1) The rights and interests in land which are subject to 142
216+being extinguished by m arketable record title pursuant to the 143
217+provisions of s. 712.04 shall include rights of entry or of an 144
218+easement, given or reserved in any conveyance or devise of 145
219+realty, when given or reserved for the purpose of mining, 146
220+drilling, exploring, or developing fo r oil, gas, minerals, or 147
221+fissionable materials, unless those rights of entry or easement 148
222+are excepted or not affected by the provisions of s. 712.03 or 149
223+s. 712.04. However, the provisions of this section shall not 150
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232+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
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236+apply to interests reserved or otherwise he ld by the state or by 151
237+any of its agencies, boards, or departments. 152
238+ Section 4. For the purpose of incorporating the amendment 153
239+made by this act to section 712.03, Florida Statutes, in a 154
240+reference thereto, section 712.02, Florida Statutes, is 155
241+reenacted to read: 156
242+ 712.02 Marketable record title; suspension of 157
243+applicability.—Any person having the legal capacity to own land 158
244+in this state, who, alone or together with her or his 159
245+predecessors in title, has been vested with any estate in land 160
246+of record for 30 yea rs or more, shall have a marketable record 161
247+title to such estate in said land, which shall be free and clear 162
248+of all claims except the matters set forth as exceptions to 163
249+marketability in s. 712.03. A person shall have a marketable 164
250+record title when the publi c records disclosed a record title 165
251+transaction affecting the title to the land which has been of 166
252+record for not less than 30 years purporting to create such 167
253+estate either in: 168
254+ (1) The person claiming such estate; or 169
255+ (2) Some other person from whom, by o ne or more title 170
256+transactions, such estate has passed to the person claiming such 171
257+estate, with nothing appearing of record, in either case, 172
258+purporting to divest such claimant of the estate claimed. 173
259+ Section 5. For the purpose of incorporating the amendm ent 174
260+made by this act to section 712.03, Florida Statutes, in 175
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269+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
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273+references thereto, section 712.04, Florida Statutes, is 176
274+reenacted to read: 177
275+ 712.04 Interests extinguished by marketable record title. —178
276+Subject to s. 712.03, a marketable record title is free and 179
277+clear of all estates, interests, claims, covenants, 180
278+restrictions, or charges, the existence of which depends upon 181
279+any act, title transaction, event, zoning requirement, building 182
280+or development permit, or omission that occurred before the 183
281+effective date of the root of title. Except as provided in s. 184
282+712.03, all such estates, interests, claims, covenants, 185
283+restrictions, or charges, however denominated, whether they are 186
284+or appear to be held or asserted by a person sui juris or under 187
285+a disability, whether such person is within or without the 188
286+state, natural or corporate, or private or governmental, are 189
287+declared to be null and void. However, this chapter does not 190
288+affect any right, title, or interest of the United States, 191
289+Florida, or any of its officers, boards, co mmissions, or other 192
290+agencies reserved in the patent or deed by which the United 193
291+States, Florida, or any of its agencies parted with title. This 194
292+section may not be construed to alter or invalidate: 195
293+ (1) A comprehensive plan or plan amendment; zoning 196
294+ordinance; land development regulation; building code; 197
295+development permit; development order; or other law, regulation, 198
296+or regulatory approval, to the extent such law, regulation, or 199
297+regulatory approval operates independently of matters recorded 200
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306+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
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310+in the official records; or 201
311+ (2) Any recorded covenant or restriction that on the face 202
312+of the first page of the document states that it was accepted by 203
313+a governmental entity as part of, or as a condition of, any such 204
314+comprehensive plan or plan amendment; zoning ordinance ; land 205
315+development regulation; building code; development permit; 206
316+development order; or other law, regulation, or regulatory 207
317+approval. 208
318+ Section 6. For the purpose of incorporating the amendment 209
319+made by this act to section 712.03, Florida Statutes, in a 210
320+reference thereto, section 712.10, Florida Statutes, is 211
321+reenacted to read: 212
322+ 712.10 Law to be liberally construed. —This law shall be 213
323+liberally construed to effect the legislative purpose of 214
324+simplifying and facilitating land title transactions by allowing 215
325+persons to rely on a record title as described in s. 712.02 216
326+subject only to such limitations as appear in s. 712.03. 217
327+ Section 7. This act shall take effect July 1, 2024. 218