Florida League of Cities

Marketable Record Titles to Real Property (Watch) 

HB 219 (Tuck) and SB 1380 (Rodriguez, A.) revise 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 bills establish 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 bills add covenants, restrictions, zoning requirements, and building or development permits to the list of encumbrances extinguished by MRTA but excepts them from extinguishment. Additionally, the bills authorize 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 bills prohibit 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. (Cruz)