Florida Senate - 2013                                     SB 736
       By Senator Richter
       23-00649-13                                            2013736__
    1                        A bill to be entitled                      
    2         An act relating to limitations relating to deeds and
    3         wills; amending s. 95.231, F.S.; providing for
    4         limitations of actions when a deed or will is on
    5         record; providing that a person claiming an interest
    6         in real property affected by amendments made in the
    7         act has until a specified date to file a claim or
    8         defense in court to determine the validity of the
    9         instrument; providing that if a claim or defense is
   10         filed within the specified period, the validity of the
   11         instrument is determined without regard to these
   12         amendments; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 95.231, Florida Statutes, is amended to
   17  read:
   18         95.231 Limitations where deed or will on record.—
   19         (1) Five years after the recording of an instrument
   20  required to be executed in accordance with s. 689.01; 5 years
   21  after the recording of a power of attorney accompanying and used
   22  for an instrument required to be executed in accordance with s.
   23  689.01; or 5 years after a deed or the probate of a will
   24  purporting to convey real property, from which it appears that
   25  the person owning the property attempted to convey, affect, or
   26  devise it, the instrument, power of attorney, deed or will shall
   27  be held to have its purported effect authorize the conveyance or
   28  devise of, or to convey, affect, or devise, the fee simple title
   29  to the real property, or any interest in it, of the person
   30  signing the instrument, as if there had been no lack of seal or
   31  seals, witness or witnesses, defect in acknowledgment or
   32  relinquishment of dower, in the absence of fraud, adverse
   33  possession, or pending litigation. The instrument is shall be
   34  admissible in evidence. A power of attorney validated under this
   35  subsection shall be valid only for the purpose of effectuating
   36  the instrument with which it was recorded.
   37         (2) After 20 years from the recording of a deed or the
   38  probate of a will purporting to convey real property, no person
   39  shall assert any claim to the property against the claimants
   40  under the deed or will or their successors in title.
   41         (3) This law is cumulative to all laws on the subject
   42  matter.
   43         Section 2. A person claiming an interest in real property
   44  affected by the amendments to s. 95.231, Florida Statutes, in
   45  this act has until October 1, 2014, to file a claim or defense
   46  in court to determine the validity of an instrument that may be
   47  affected by the amendments. If a claim or defense is filed
   48  before October 1, 2014, the validity of the instrument shall be
   49  determined without regard to these amendments.
   50         Section 3. This act shall take effect October 1, 2013.