| 1 | A bill to be entitled |
| 2 | An act relating to marketable record title; amending s. |
| 3 | 712.03, F.S.; revising the exceptions to marketability by |
| 4 | including any right, title, or interest held by the Board |
| 5 | of Trustees of the Internal Improvement Trust Fund, any |
| 6 | water management district, or the United States; amending |
| 7 | s. 712.04, F.S.; conforming provisions to changes made by |
| 8 | the act; amending s. 712.06, F.S.; providing requirements |
| 9 | for a recorded notice to preserve a claim of right; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (9) is added to section 712.03, |
| 15 | Florida Statutes, to read: |
| 16 | 712.03 Exceptions to marketability.-Such marketable record |
| 17 | title shall not affect or extinguish the following rights: |
| 18 | (9) Any right, title, or interest held by the Board of |
| 19 | Trustees of the Internal Improvement Trust Fund, any water |
| 20 | management district created under chapter 373, or the United |
| 21 | States. |
| 22 | Section 2. Section 712.04, Florida Statutes, is amended to |
| 23 | read: |
| 24 | 712.04 Interests extinguished by marketable record title.- |
| 25 | Subject to the matters stated in s. 712.03, a such marketable |
| 26 | record title is shall be free and clear of all estates, |
| 27 | interests, claims, or charges whatsoever, the existence of which |
| 28 | depends upon any act, title transaction, event, or omission that |
| 29 | occurred before prior to the effective date of the root of |
| 30 | title. Except as provided in s. 712.03, all such estates, |
| 31 | interests, claims, or charges, however denominated, whether they |
| 32 | such estates, interests, claims, or charges are or appear to be |
| 33 | held or asserted by a person sui juris or under a disability, |
| 34 | whether such person is within or without the state, whether such |
| 35 | person is natural or corporate, or is private or governmental, |
| 36 | are hereby declared to be null and void. However, except that |
| 37 | this chapter does shall not be deemed to affect any right, |
| 38 | title, or interest of the United States, Florida, or any of its |
| 39 | officers, boards, commissions, or other agencies reserved in the |
| 40 | patent or deed by which the United States, Florida, or any of |
| 41 | its agencies parted with title. |
| 42 | Section 3. Subsection (3) of section 712.06, Florida |
| 43 | Statutes, is amended to read: |
| 44 | 712.06 Contents of notice; recording and indexing.- |
| 45 | (3) The person providing the notice referred to in s. |
| 46 | 712.05 shall: |
| 47 | (a) Cause the clerk of the circuit court to shall, upon |
| 48 | such filing, mail by registered or certified mail to the |
| 49 | purported owner of said property, as stated in such notice, a |
| 50 | copy thereof and shall enter on the original, before recording |
| 51 | the same, a certificate showing such mailing. For preparing the |
| 52 | certificate, the claimant shall pay to the clerk the service |
| 53 | charge as prescribed in s. 28.24(8) and the necessary costs of |
| 54 | mailing, in addition to the recording charges as prescribed in |
| 55 | s. 28.24(12). If the notice names purported owners having more |
| 56 | than one address, the person filing the same shall furnish a |
| 57 | true copy for each of the several addresses stated, and the |
| 58 | clerk shall send one such copy to the purported owners named at |
| 59 | each respective address. Such certificate shall be sufficient if |
| 60 | the same reads substantially as follows: |
| 61 |
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| 62 | I hereby certify that I did on this _____, mail by |
| 63 | registered (or certified) mail a copy of the foregoing notice to |
| 64 | each of the following at the address stated: |
| 65 |
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| 66 | ...(Clerk of the circuit court)... |
| 67 | of _____ County, Florida, |
| 68 | By ...(Deputy clerk)... |
| 69 |
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| 70 | The clerk of the circuit court is not required to mail to the |
| 71 | purported owner of such property any such notice that pertains |
| 72 | solely to the preserving of any covenant or restriction or any |
| 73 | portion of a covenant or restriction; or |
| 74 | (b) Publish once a week, for 2 consecutive weeks, the |
| 75 | notice referred to in s. 712.05, with the official record book |
| 76 | and page number in which such notice was recorded, in a |
| 77 | newspaper as defined in chapter 50 in the county in which the |
| 78 | property is located. |
| 79 | Section 4. This act shall take effect July 1, 2010. |