Florida League of Cities

Real Property Rights (Watch) – PASSED 

CS/SB 1380 (Rodriguez, A.) revises that rights that are not affected or extinguished by Marketable Record Titles Act (MRTA) and require persons with certain interests in land that may be extinguished by this act to file a specified notice to preserve their interests. The bill establishes a bright-line rule to clarify MRTA's operation in light of the 2016 court decision and clarify that a property conveyance subject to existing encumbrances identified in a muniment of title does not restart MRTA's 30-year marketability period on such encumbrances. The bill adds covenants, restrictions, zoning requirements, and building or development permits to the list of encumbrances extinguished by MRTA but exempts them from extinguishment. Additionally, the bill authorizes owners or operators of private property used for motor vehicle parking to establish rules, rates and fines governing private persons parking on the property. The bill prohibits counties and municipalities from enacting any ordinance or regulation attempting to restrict or prohibit the owner or operator from adopting such rules, rates or fines. CS/SB 1380 was amended to add a required notice to invoices for parking on private property. CS/SB 1380 passed the Senate (37-0) and the House (113-0) and is awaiting action by the Governor. (Cruz)