CS/HB 435

1
A bill to be entitled
2An act relating to marketable record title; amending s.
3712.03, F.S.; revising the exceptions to marketability by
4including any right, title, or interest held by the Board
5of Trustees of the Internal Improvement Trust Fund, any
6water management district, or the United States; amending
7s. 712.04, F.S.; conforming provisions to changes made by
8the act; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (9) is added to section 712.03,
13Florida Statutes, to read:
14     712.03  Exceptions to marketability.-Such marketable record
15title shall not affect or extinguish the following rights:
16     (9)  Any right, title, or interest held by the Board of
17Trustees of the Internal Improvement Trust Fund, any water
18management district created under chapter 373, or the United
19States.
20     Section 2.  Section 712.04, Florida Statutes, is amended to
21read:
22     712.04  Interests extinguished by marketable record title.-
23Subject to the matters stated in s. 712.03, a such marketable
24record title is shall be free and clear of all estates,
25interests, claims, or charges whatsoever, the existence of which
26depends upon any act, title transaction, event, or omission that
27occurred before prior to the effective date of the root of
28title. Except as provided in s. 712.03, all such estates,
29interests, claims, or charges, however denominated, whether they
30such estates, interests, claims, or charges are or appear to be
31held or asserted by a person sui juris or under a disability,
32whether such person is within or without the state, whether such
33person is natural or corporate, or is private or governmental,
34are hereby declared to be null and void. However, except that
35this chapter does shall not be deemed to affect any right,
36title, or interest of the United States, Florida, or any of its
37officers, boards, commissions, or other agencies reserved in the
38patent or deed by which the United States, Florida, or any of
39its agencies parted with title.
40     Section 3.  This act shall take effect July 1, 2010.


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