HB 435

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, a
6	water management district, or the United States; amending
7	s. 712.04, F.S.; conforming provisions to changes made by
8	the act; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 712.03, Florida Statutes, is amended to
13	read:
14	712.03  Exceptions to marketability.-A Such marketable
15	record title does shall not affect or extinguish the following
16	rights:
17	(1)  Estates or interests, easements, and use restrictions
18	disclosed by and defects inherent in the muniments of title on
19	which the said estate is based, beginning with the root of
20	title,; provided, however, that a general reference in any of
21	such muniments to easements, use restrictions, or other
22	interests created before prior to the root of title is shall not
23	be sufficient to preserve them unless specific identification by
24	reference to book and page of record or by name of recorded plat
25	is be made therein to a recorded title transaction which
26	imposed, transferred, or continued such easement, use
27	restrictions, or other interests; subject, however, to the
28	provisions of subsection (5).
29	(2)  Estates, interests, claims, or charges, or any
30	covenant or restriction, preserved by the filing of a proper
31	notice in accordance with this chapter the provisions hereof.
32	(3)  Rights of any person in possession of the lands, so
33	long as such person is in such possession.
34	(4)  Estates, interests, claims, or charges arising out of
35	a title transaction that which has been recorded after
36	subsequent to the effective date of the root of title.
37	(5)  Recorded or unrecorded easements or rights, interest
38	or servitude in the nature of easements, rights-of-way, and
39	terminal facilities, including those of a public utility or of a
40	governmental agency, so long as such easements or rights,
41	interest or servitude, rights-of-way, and terminal facilities
42	the same are in use. used and The use of any part of a recorded
43	or unrecorded easement or right, interest or servitude in the
44	nature of an easement, right-of-way, or terminal facility
45	excepts thereof shall except from the operation hereof the right
46	to the entire use of such easement or right, interest or
47	servitude, right-of-way, or terminal facility thereof. No Notice
48	need not be filed in order to preserve the lien of any mortgage
49	or deed of trust or any supplement thereto encumbering any such
50	recorded or unrecorded easements, or rights, interest, or
51	servitude in the nature of easements, rights-of-way, and
52	terminal facilities. However, this subsection does not preserve
53	nothing herein shall be construed as preserving to the mortgagee
54	or grantee of any such mortgage or deed of trust or any
55	supplement thereto any greater rights than the rights of the
56	mortgagor or grantor.
57	(6)  Rights of any person in whose name the land is
58	assessed on the county tax rolls for such period of time as the
59	land is so assessed and which rights are preserved for a period
60	of 3 years after the land is last assessed in such person's
61	name.
62	(7)  State title to lands beneath navigable waters acquired
63	by virtue of sovereignty.
64	(8)  A restriction or covenant recorded pursuant to chapter
65	376 or chapter 403.
66	(9)  Any right, title, or interest held by the Board of
67	Trustees of the Internal Improvement Trust Fund, a water
68	management district created under chapter 373, or the United
69	States.
70	Section 2.  Section 712.04, Florida Statutes, is amended to
71	read:
72	712.04  Interests extinguished by marketable record title.-
73	Subject to the matters stated in s. 712.03, a such marketable
74	record title is shall be free and clear of all estates,
75	interests, claims, or charges whatsoever, the existence of which
76	depends upon any act, title transaction, event, or omission that
77	occurred before prior to the effective date of the root of
78	title. Except as provided in s. 712.03, all such estates,
79	interests, claims, or charges, however denominated, whether they
80	such estates, interests, claims, or charges are or appear to be
81	held or asserted by a person sui juris or under a disability,
82	whether such person is within or without the state, whether such
83	person is natural or corporate, or is private or governmental,
84	are hereby declared to be null and void. However, except that
85	this chapter does shall not be deemed to affect any right,
86	title, or interest of the United States, Florida, or any of its
87	officers, boards, commissions, or other agencies reserved in the
88	patent or deed by which the United States, Florida, or any of
89	its agencies parted with title.
90	Section 3.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.