Bill Text: FL S1068 | 2024 | Regular Session | Introduced
Bill Title: Marketable Record Title to Real Property
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-08 - Died in Judiciary [S1068 Detail]
Download: Florida-2024-S1068-Introduced.html
Florida Senate - 2024 SB 1068 By Senator Rodriguez 40-00992A-24 20241068__ 1 A bill to be entitled 2 An act relating to marketable record title to real 3 property; amending s. 712.03, F.S.; providing that 4 certain rights are extinguished for the redevelopment 5 of a certain portion of a lake that meets certain 6 criteria if such redevelopment is for the purpose of 7 developing affordable housing; requiring the 8 preservation of such rights to be evidenced by a 9 recorded instrument; authorizing a parcel owner to 10 seek a judicial determination within a certain 11 timeframe; prohibiting the revitalization of certain 12 lapsed covenants or restrictions; providing a method 13 for service of process of quiet title and certain 14 other actions; amending s. 712.065, F.S.; conforming a 15 cross-reference; reenacting ss. 704.05(1), 712.02, 16 712.04, and 712.10, F.S., relating to easements and 17 rights of entry, marketable record title and 18 suspension of applicability, interests extinguished by 19 marketable record title, and law to be liberally 20 construed, respectively, to incorporate the amendment 21 made to s. 712.03, F.S., in references thereto; 22 providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 712.03, Florida Statutes, is amended to 27 read: 28 712.03 Exceptions to marketability; redevelopment 29 restrictions; legal action; service of process.— 30 (1) Such marketable record title doesshallnot affect or 31 extinguish the following rights: 32 (a)(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 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; subject, however, to paragraph (e)subsection45(5). 46 (b)(2)Estates, interests, claims, or charges, or any 47 covenant or restriction, preserved by the filing of a proper 48 notice in accordance with the provisions hereof. 49 (c)(3)Rights of any person in possession of the lands, so 50 long as such person is in such possession. 51 (d)(4)Estates, interests, claims, or charges arising out 52 of a title transaction which has been recorded subsequent to the 53 effective date of the root of title. 54 (e)(5)Recorded or unrecorded easements or rights, interest 55 or servitude in the nature of easements, rights-of-way and 56 terminal facilities, including those of a public utility or of a 57 governmental agency, so long as the same are used and the use of 58 any part thereof shall except from the operation hereof the 59 right to the entire use thereof. No notice need be filed in 60 order to preserve the lien of any mortgage or deed of trust or 61 any supplement thereto encumbering any such recorded or 62 unrecorded easements, or rights, interest, or servitude in the 63 nature of easements, rights-of-way, and terminal facilities. 64 However, nothing herein shall be construed as preserving to the 65 mortgagee or grantee of any such mortgage or deed of trust or 66 any supplement thereto any greater rights than the rights of the 67 mortgagor or grantor. 68 (f)(6)Rights of any person in whose name the land is 69 assessed on the county tax rolls for such period of time as the 70 land is so assessed and which rights are preserved for a period 71 of 3 years after the land is last assessed in such person’s 72 name. 73 (g)(7)State title to lands beneath navigable waters 74 acquired by virtue of sovereignty. 75 (h)(8)A restriction or covenant recorded pursuant to 76 chapter 376 or chapter 403. 77 (i)(9)Any right, title, or interest held by the Board of 78 Trustees of the Internal Improvement Trust Fund, any water 79 management district created under chapter 373, or the United 80 States. 81 (2) Notwithstanding anything in paragraph (1)(e) to the 82 contrary, in order to foster affordable housing development 83 pursuant to s. 196.1978 in counties as defined under s. 84 125.011(1), the redevelopment of lakes that are restricted by 85 recorded or unrecorded easements or rights, interests, or 86 servitudes in the nature of easements for use of or access to a 87 lake which are in favor of the public or any other party, other 88 than a public utility or a governmental agency, and meet the 89 requirements of marketable record title pursuant to s. 712.02, 90 but may not be extinguished under paragraph (1)(e), must 91 nevertheless be extinguished with respect to no more than one 92 third of the area of such lake, including upland lake banks, as 93 evidenced by means of an instrument recorded upon the applicable 94 area of such lake which has been executed by the owner thereof 95 with the formalities of a deed. 96 (3) With respect to any rights derived from recorded or 97 unrecorded easements or rights, interests, or servitudes in the 98 nature of easements, or rights-of-way or terminal facilities 99 specified in paragraph (1)(e) which are subject to subsection 100 (2), the parcel owner may commence an action no later than 1 101 year from the effective date of this act for a judicial 102 determination as to whether the extinguishment of such rights 103 under subsection (2) would unconstitutionally deprive the parcel 104 owner of rights or property. 105 (4) Any covenants or restrictions that have lapsed as 106 provided in this chapter may not be revitalized under s. 712.11 107 or s. 712.12 with respect to property that is used for 108 affordable housing development, pursuant to s. 196.1978, in 109 counties as defined under s. 125.011(1), and any such 110 revitalization that becomes effective either before or after the 111 development pursuant to s. 196.1978 of an affordable housing 112 development in counties as defined under s. 125.011(1) is null 113 and void with respect thereto. 114 (5) Service of process for quiet title or other action to 115 confirm the extinguishment of the matters described in this 116 chapter may be made to a party by certified mail, return receipt 117 requested. This method of service of process also applies to any 118 other quiet title action that is otherwise made together with 119 any action under this chapter, even though such other actions 120 may not arise out of this chapter. 121 Section 2. Subsection (3) of section 712.065, Florida 122 Statutes, is amended to read: 123 712.065 Extinguishment of discriminatory restrictions.— 124 (3) Upon request of a parcel owner, a discriminatory 125 restriction appearing in a covenant or restriction affecting the 126 parcel may be removed from the covenant or restriction by an 127 amendment approved by a majority vote of the board of directors 128 of the respective property owners’ association or an owners’ 129 association in which all owners may voluntarily join, 130 notwithstanding any other requirements for approval of an 131 amendment of the covenant or restriction. Unless the amendment 132 also changes other provisions of the covenant or restriction, 133 the recording of an amendment removing a discriminatory 134 restriction does not constitute a title transaction occurring 135 after the root of title for purposes of s. 712.03(1)(d)s.136712.03(4). 137 Section 3. For the purpose of incorporating the amendment 138 made by this act to section 712.03, Florida Statutes, in a 139 reference thereto, subsection (1) of section 704.05, Florida 140 Statutes, is reenacted to read: 141 704.05 Easements and rights of entry.— 142 (1) The rights and interests in land which are subject to 143 being extinguished by marketable record title pursuant to the 144 provisions of s. 712.04 shall include rights of entry or of an 145 easement, given or reserved in any conveyance or devise of 146 realty, when given or reserved for the purpose of mining, 147 drilling, exploring, or developing for oil, gas, minerals, or 148 fissionable materials, unless those rights of entry or easement 149 are excepted or not affected by the provisions of s. 712.03 or 150 s. 712.04. However, the provisions of this section shall not 151 apply to interests reserved or otherwise held by the state or by 152 any of its agencies, boards, or departments. 153 Section 4. For the purpose of incorporating the amendment 154 made by this act to section 712.03, Florida Statutes, in a 155 reference thereto, section 712.02, Florida Statutes, is 156 reenacted to read: 157 712.02 Marketable record title; suspension of 158 applicability.—Any person having the legal capacity to own land 159 in this state, who, alone or together with her or his 160 predecessors in title, has been vested with any estate in land 161 of record for 30 years or more, shall have a marketable record 162 title to such estate in said land, which shall be free and clear 163 of all claims except the matters set forth as exceptions to 164 marketability in s. 712.03. A person shall have a marketable 165 record title when the public records disclosed a record title 166 transaction affecting the title to the land which has been of 167 record for not less than 30 years purporting to create such 168 estate either in: 169 (1) The person claiming such estate; or 170 (2) Some other person from whom, by one or more title 171 transactions, such estate has passed to the person claiming such 172 estate, with nothing appearing of record, in either case, 173 purporting to divest such claimant of the estate claimed. 174 Section 5. For the purpose of incorporating the amendment 175 made by this act to section 712.03, Florida Statutes, in 176 references thereto, section 712.04, Florida Statutes, is 177 reenacted to read: 178 712.04 Interests extinguished by marketable record title. 179 Subject to s. 712.03, a marketable record title is free and 180 clear of all estates, interests, claims, covenants, 181 restrictions, or charges, the existence of which depends upon 182 any act, title transaction, event, zoning requirement, building 183 or development permit, or omission that occurred before the 184 effective date of the root of title. Except as provided in s. 185 712.03, all such estates, interests, claims, covenants, 186 restrictions, or charges, however denominated, whether they are 187 or appear to be held or asserted by a person sui juris or under 188 a disability, whether such person is within or without the 189 state, natural or corporate, or private or governmental, are 190 declared to be null and void. However, this chapter does not 191 affect any right, title, or interest of the United States, 192 Florida, or any of its officers, boards, commissions, or other 193 agencies reserved in the patent or deed by which the United 194 States, Florida, or any of its agencies parted with title. This 195 section may not be construed to alter or invalidate: 196 (1) A comprehensive plan or plan amendment; zoning 197 ordinance; land development regulation; building code; 198 development permit; development order; or other law, regulation, 199 or regulatory approval, to the extent such law, regulation, or 200 regulatory approval operates independently of matters recorded 201 in the official records; or 202 (2) Any recorded covenant or restriction that on the face 203 of the first page of the document states that it was accepted by 204 a governmental entity as part of, or as a condition of, any such 205 comprehensive plan or plan amendment; zoning ordinance; land 206 development regulation; building code; development permit; 207 development order; or other law, regulation, or regulatory 208 approval. 209 Section 6. For the purpose of incorporating the amendment 210 made by this act to section 712.03, Florida Statutes, in a 211 reference thereto, section 712.10, Florida Statutes, is 212 reenacted to read: 213 712.10 Law to be liberally construed.—This law shall be 214 liberally construed to effect the legislative purpose of 215 simplifying and facilitating land title transactions by allowing 216 persons to rely on a record title as described in s. 712.02 217 subject only to such limitations as appear in s. 712.03. 218 Section 7. This act shall take effect July 1, 2024.