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Bill Summary Details

Marketable Record Title Act (Watch)

CS/CS/HB 733 (Smith, D.) and CS/SB 802 (Perry) revise the Marketable Record Title Act (MRTA) to clarify an exception to its main provisions and to bolster the current prohibition on discriminatory deed provisions. Specifically, the bills amend Section 712.04, Florida Statutes, to include covenants or restrictions based on a zoning requirement or development permit among the types of interests extinguished by MRTA. The bills, in contrast to a recent court opinion, provide that the rights extinguished by MRTA include restrictive covenants that were recorded in connection with a zoning regulation. The bills provide for summary removal of discriminatory restrictions from the governing documents of a property owners’ association. (Cruz)