Bill Amendment: FL S1046 | 2017 | Regular Session

Florida Senate Bill 1046 (Prior Session Legislation)

NOTE: For additional amemendments please see the Bill Drafting List

Bill Title: Covenants and Restrictions

Status: 2017-05-04 - Laid on Table [S1046 Detail]

Download: Florida-2017-S1046-Senate_Committee_Amendment_708650.html

       Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1046
       
       
       
       
       
       
                                Ì708650%Î708650                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Community Affairs (Passidomo) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 78 - 188
    4  and insert:
    5         Section 1. Section 712.001, Florida Statutes, is created to
    6  read:
    7         712.001 Short title.—This chapter may be cited as the
    8  “Marketable Record Title Act.”
    9         Section 2. Section 712.01, Florida Statutes, is reordered
   10  and amended to read:
   11         712.01 Definitions.—As used in this chapter, the term law:
   12         (1) “Community covenant or restriction” means any agreement
   13  or limitation contained in a document recorded in the public
   14  records of the county in which a parcel is located which:
   15         (a) Subjects the parcel to any use restriction that may be
   16  enforced by a property owners’ association; or
   17         (b) Authorizes a property owners’ association to impose a
   18  charge or assessment against the parcel or the parcel owner.
   19         (4)(1) The term “Person” includes the as used herein
   20  denotes singular or plural, natural or corporate, private or
   21  governmental, including the state and any political subdivision
   22  or agency thereof as the context for the use thereof requires or
   23  denotes and including any property owners’ homeowners’
   24  association.
   25         (6)(2) “Root of title” means any title transaction
   26  purporting to create or transfer the estate claimed by any
   27  person and which is the last title transaction to have been
   28  recorded at least 30 years before prior to the time when
   29  marketability is being determined. The effective date of the
   30  root of title is the date on which it was recorded.
   31         (7)(3) “Title transaction” means any recorded instrument or
   32  court proceeding that which affects title to any estate or
   33  interest in land and that which describes the land sufficiently
   34  to identify its location and boundaries.
   35         (5)(4) “Property owners’ association” The term “homeowners’
   36  association” means a homeowners’ association as defined in s.
   37  720.301, a corporation or other entity responsible for the
   38  operation of property in which the voting membership is made up
   39  of the owners of the property or their agents, or a combination
   40  thereof, and in which membership is a mandatory condition of
   41  property ownership, or an association of parcel owners which is
   42  authorized to enforce a community covenant or restriction use
   43  restrictions that is are imposed on the parcels.
   44         (3)(5) The term “Parcel” means real property that which is
   45  used for residential purposes and that is subject to exclusive
   46  ownership and which is subject to any covenant or restriction of
   47  a property owners’ homeowners’ association.
   48         (2)(6) The term “Covenant or restriction” means any
   49  agreement or limitation contained in a document recorded in the
   50  public records of the county in which a parcel is located which
   51  subjects the parcel to any use or other restriction or
   52  obligation which may be enforced by a homeowners’ association or
   53  which authorizes a homeowners’ association to impose a charge or
   54  assessment against the parcel or the owner of the parcel or
   55  which may be enforced by the Florida Department of Environmental
   56  Protection pursuant to chapter 376 or chapter 403.
   57  
   58  ================= T I T L E  A M E N D M E N T ================
   59  And the title is amended as follows:
   60         Delete lines 3 - 26
   61  and insert:
   62         creating s. 712.001, F.S.; providing a short title;
   63         amending s. 712.01, F.S.; defining and redefining
   64         terms; amending s. 712.05, F.S.; revising the