Florida Senate - 2012                                     SB 670
       
       
       
       By Senator Ring
       
       
       
       
       32-00612-12                                            2012670__
    1                        A bill to be entitled                      
    2         An act relating to real property; amending s. 695.01,
    3         F.S.; providing that a conveyance, transfer, or
    4         mortgage of real property, an interest in the real
    5         property, or a lease for a term of 1 year or longer is
    6         not valid against creditors or subsequent purchasers
    7         unless such documents are recorded in the official
    8         records; providing that a lien imposed on real
    9         property by a governmental or quasi-governmental
   10         entity for certain purposes is not valid against
   11         creditors or subsequent purchasers unless the lien is
   12         recorded and contains certain information; providing
   13         an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 695.01, Florida Statutes, is amended to
   18  read:
   19         695.01 Conveyances, mortgages, and liens to be recorded.—
   20         (1) A No conveyance, transfer, or mortgage of real
   21  property, an or of any interest in the real property therein, or
   22  a nor any lease for a term of 1 year or longer is not valid,
   23  shall be good and effectual in law or equity against creditors
   24  or subsequent purchasers for a valuable consideration and
   25  without notice, unless the conveyance, transfer, mortgage,
   26  interest, or lease is same be recorded in the official records
   27  of the county in which the property is located. according to
   28  law; nor shall Any such instrument made or executed by virtue of
   29  a any power of attorney is not valid be good or effectual in law
   30  or in equity against creditors or subsequent purchasers for a
   31  valuable consideration and without notice unless the power of
   32  attorney is be recorded in the official records of the county in
   33  which the property is located before the rights accruing of the
   34  right of creditors such creditor or subsequent purchasers accrue
   35  purchaser. The receipt of title under a quitclaim deed alone
   36  does not disqualify the grantee as a bona fide purchaser without
   37  notice within the meaning of the recording acts.
   38         (2) A lien by a governmental entity or quasi-governmental
   39  entity which attaches to real property for an improvement,
   40  service, fine, or penalty is valid and effectual against
   41  creditors and subsequent purchasers for a valuable consideration
   42  only if the lien is recorded in the official records of the
   43  county in which the property is located. The recorded notice of
   44  lien must contain the name of the owner of record, a legally
   45  sufficient legal description of the property, and the tax or
   46  parcel identification number applicable to the property as of
   47  the date of assessment. Grantees by quitclaim, heretofore or
   48  hereafter made, shall be deemed and held to be bona fide
   49  purchasers without notice within the meaning of the recording
   50  acts.
   51         Section 2. This act shall take effect July 1, 2012.