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Bill > H0733


FL H0733

Marketable Record Title Act


summary

Introduced
11/21/2019
In Committee
03/09/2020
Crossed Over
03/09/2020
Passed
Dead
03/14/2020

Introduced Session

2020 Regular Session

Bill Summary

An act relating to the Marketable Record Title Act; 2 amending s. 712.03, F.S.; revising rights that are not 3 affected or extinguished by marketable record titles; 4 amending s. 712.04, F.S.; revising what types of 5 interests are extinguished by a marketable record 6 title; providing construction; creating s. 712.065, 7 F.S.; defining the term "discriminatory restriction"; 8 providing that discriminatory restrictions are 9 unlawful, unenforceable, and declared null and void; 10 providing that certain discriminatory restrictions are 11 extinguished and severed from recorded title 12 transactions; specifying that the recording of certain 13 notices does not reimpose or preserve a discriminatory 14 restriction; providing requirements for a parcel owner 15 to remove a discriminatory restriction from a covenant 16 or restriction; amending s. 712.12, F.S.; revising the 17 definition of the term "covenant or restriction"; 18 providing applicability; requiring persons with 19 certain interests in land which may be extinguished by 20 this act to file a specified notice to preserve such 21 interests; providing a directive to the Division of 22 Law Revision; providing an effective date. 23

AI Summary

This bill amends Florida's Marketable Record Title Act to revise the types of interests that are not affected or extinguished by a marketable record title, including by requiring specific identification of certain pre-existing easements, interests, and use restrictions. The bill also defines and extinguishes "discriminatory restrictions" that limit property ownership or use based on characteristics protected from discrimination, and provides a process for property owners to remove such restrictions from covenants and restrictions. The bill clarifies that the changes are intended to be remedial in nature and apply retroactively, and requires persons with potentially affected interests to file a notice by July 1, 2021 to preserve those interests.

Committee Categories

Justice

Sponsors (2)

Other Sponsors (2)

Civil Justice Subcommittee (H), Judiciary Committee (H)

Last Action

Died in Judiciary (on 03/14/2020)

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