Florida Senate - 2010 SB 518
By Senator Baker
20-00505-10 2010518__
1 A bill to be entitled
2 An act relating to marketable record title; amending
3 s. 712.03, F.S.; revising the exceptions to
4 marketability by including any right, title, or
5 interest held by the Board of Trustees of the Internal
6 Improvement Trust Fund, any water management district,
7 or the United States; amending s. 712.04, F.S.;
8 conforming provisions to changes made by the act;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (9) is added to section 712.03,
14 Florida Statutes, to read:
15 712.03 Exceptions to marketability.—Such marketable record
16 title shall not affect or extinguish the following rights:
17 (9) Any right, title, or interest held by the Board of
18 Trustees of the Internal Improvement Trust Fund, any water
19 management district created under chapter 373, or the United
20 States.
21 Section 2. Section 712.04, Florida Statutes, is amended to
22 read:
23 712.04 Interests extinguished by marketable record title.
24 Subject to the matters stated in s. 712.03, a such marketable
25 record title is shall be free and clear of all estates,
26 interests, claims, or charges whatsoever, the existence of which
27 depends upon any act, title transaction, event, or omission that
28 occurred before prior to the effective date of the root of
29 title. Except as provided in s. 712.03, all such estates,
30 interests, claims, or charges, however denominated, whether they
31 such estates, interests, claims, or charges are or appear to be
32 held or asserted by a person sui juris or under a disability,
33 whether such person is within or without the state, whether such
34 person is natural or corporate, or is private or governmental,
35 are hereby declared to be null and void. However, except that
36 this chapter does shall not be deemed to affect any right,
37 title, or interest of the United States, Florida, or any of its
38 officers, boards, commissions, or other agencies reserved in the
39 patent or deed by which the United States, Florida, or any of
40 its agencies parted with title.
41 Section 3. This act shall take effect July 1, 2010.