CS/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; amending s. 712.06, F.S.; providing requirements
9for a recorded notice to preserve a claim of right;
10providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (9) is added to section 712.03,
15Florida Statutes, to read:
16     712.03  Exceptions to marketability.-Such marketable record
17title shall not affect or extinguish the following rights:
18     (9)  Any right, title, or interest held by the Board of
19Trustees of the Internal Improvement Trust Fund, any water
20management district created under chapter 373, or the United
21States.
22     Section 2.  Section 712.04, Florida Statutes, is amended to
23read:
24     712.04  Interests extinguished by marketable record title.-
25Subject to the matters stated in s. 712.03, a such marketable
26record title is shall be free and clear of all estates,
27interests, claims, or charges whatsoever, the existence of which
28depends upon any act, title transaction, event, or omission that
29occurred before prior to the effective date of the root of
30title. Except as provided in s. 712.03, all such estates,
31interests, claims, or charges, however denominated, whether they
32such estates, interests, claims, or charges are or appear to be
33held or asserted by a person sui juris or under a disability,
34whether such person is within or without the state, whether such
35person is natural or corporate, or is private or governmental,
36are hereby declared to be null and void. However, except that
37this chapter does shall not be deemed to affect any right,
38title, or interest of the United States, Florida, or any of its
39officers, boards, commissions, or other agencies reserved in the
40patent or deed by which the United States, Florida, or any of
41its agencies parted with title.
42     Section 3.  Subsection (3) of section 712.06, Florida
43Statutes, is amended to read:
44     712.06  Contents of notice; recording and indexing.-
45     (3)  The person providing the notice referred to in s.
46712.05 shall:
47     (a)  Cause the clerk of the circuit court to shall, upon
48such filing, mail by registered or certified mail to the
49purported owner of said property, as stated in such notice, a
50copy thereof and shall enter on the original, before recording
51the same, a certificate showing such mailing. For preparing the
52certificate, the claimant shall pay to the clerk the service
53charge as prescribed in s. 28.24(8) and the necessary costs of
54mailing, in addition to the recording charges as prescribed in
55s. 28.24(12). If the notice names purported owners having more
56than one address, the person filing the same shall furnish a
57true copy for each of the several addresses stated, and the
58clerk shall send one such copy to the purported owners named at
59each respective address. Such certificate shall be sufficient if
60the same reads substantially as follows:
61
62     I hereby certify that I did on this _____, mail by
63registered (or certified) mail a copy of the foregoing notice to
64each of the following at the address stated:
65
66...(Clerk of the circuit court)...
67of _____ County, Florida,
68By ...(Deputy clerk)...
69
70The clerk of the circuit court is not required to mail to the
71purported owner of such property any such notice that pertains
72solely to the preserving of any covenant or restriction or any
73portion of a covenant or restriction; or
74     (b)  Publish once a week, for 2 consecutive weeks, the
75notice referred to in s. 712.05, with the official record book
76and page number in which such notice was recorded, in a
77newspaper as defined in chapter 50 in the county in which the
78
79     Section 4.  This act shall take effect July 1, 2010.


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