(1) A comprehensive plan or plan amendment; zoning ordinance; land development regulation; building code; development permit; development order; or other law, regulation, or regulatory approval, to the extent such law, regulation, or regulatory approval operates independently of matters recorded in the official records; or
(2) Any recorded covenant or restriction that on the face of the first page of the document states that it was accepted by a governmental entity as part of, or as a condition of, any such comprehensive plan or plan amendment; zoning ordinance; land development regulation; building code; development permit; development order; or other law, regulation, or regulatory approval.
History.—s. 4, ch. 63-133; s. 1, ch. 65-280; s. 2, ch. 2010-104; s. 2, ch. 2022-171.
1Note.—
A. Section 5, ch. 2022-171, provides that “[t]he amendments to ss. 712.03, 712.04, and 712.12, Florida Statutes, in this act are intended to clarify existing law, are remedial in nature, and apply to all estates, interests, claims, covenants, restrictions, and charges, whether imposed or accepted before, on, or after [June 7, 2022].”
B. Section 6, ch. 2022-171, provides that “[a] person with an interest in land which may potentially be extinguished by this act, and whose interest has not been extinguished before July 1, 2022, must file a notice pursuant to s. 712.06, Florida Statutes, by July 1, 2023, to preserve such interest. Any county as defined in s. 125.011(1), Florida Statutes, with an interest in land which may potentially be extinguished by this act, and whose interest has not been extinguished before July 1, 2022, must file a notice pursuant to s. 712.06, Florida Statutes, by July 1, 2025, to preserve such interest.”
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 712 - Marketable Record Titles to Real Property
712.02 - Marketable Record Title; Suspension of Applicability.
712.03 - Exceptions to Marketability.
712.04 - Interests Extinguished by Marketable Record Title.
712.05 - Effect of Filing Notice.
712.06 - Contents of Notice; Recording and Indexing.
712.065 - Extinguishment of Discriminatory Restrictions.
712.07 - Limitations of Actions and Recording Acts.
712.09 - Extension of 30-Year Period.
712.095 - Notice Required by July 1, 1983.
712.10 - Law to Be Liberally Construed.