Florida Senate - 2013                                     SB 762
       
       
       
       By Senator Abruzzo
       
       
       
       
       25-01219-13                                            2013762__
    1                        A bill to be entitled                      
    2         An act relating to marketable record title; amending
    3         s. 712.03, F.S.; making grammatical changes; providing
    4         that marketable record title may not extinguish
    5         certain restrictions or covenants that are accepted by
    6         a governmental entity or any right, title, or interest
    7         that is held in trust for the public; amending s.
    8         712.04, F.S.; providing that ch. 712, F.S., does not
    9         affect any right, title, or interest of a political
   10         subdivision in this state; providing an effective
   11         date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 712.03, Florida Statutes, is amended to
   16  read:
   17         712.03 Exceptions to marketability.—Such Marketable record
   18  title may shall not affect or extinguish the following rights:
   19         (1) Estates or interests, or easements and use restrictions
   20  disclosed by and defects inherent in the muniments of title on
   21  which the said estate is based, beginning with the root of
   22  title.; provided, However, that a general reference in any of
   23  such muniments to easements, use restrictions, or other
   24  interests created before prior to the root of title is shall not
   25  be sufficient to preserve them unless specific identification by
   26  reference to book and page of record or by name of recorded plat
   27  is be made therein to a recorded title transaction that which
   28  imposed, transferred, or continued such easement, use
   29  restrictions, or other interests. This subsection is; subject,
   30  however, to the provisions of subsection (5).
   31         (2) Estates, interests, claims, or charges, or any covenant
   32  or restriction, preserved by the filing of a proper notice in
   33  accordance with this section the provisions hereof.
   34         (3) Rights of any person in possession of the lands, so
   35  long as such person is in such possession.
   36         (4) Estates, interests, claims, or charges arising out of a
   37  title transaction that was which has been recorded after
   38  subsequent to the effective date of the root of title.
   39         (5) Recorded or unrecorded easements or rights, interest,
   40  or servitude in the nature of easements, rights-of-way, and
   41  terminal facilities, including those of a public utility or of a
   42  governmental agency, so long as the same are used and the use of
   43  any part thereof shall except from the operation hereof the
   44  right to the entire use thereof. No Notice does not need to be
   45  filed in order to preserve the lien of any mortgage or deed of
   46  trust or any supplement thereto encumbering any such recorded or
   47  unrecorded easements, or rights, interest, or servitude in the
   48  nature of easements, rights-of-way, and terminal facilities.
   49  However, nothing in this subsection may herein shall be
   50  construed as preserving to the mortgagee or grantee of any such
   51  mortgage or deed of trust or any supplement to the mortgage or
   52  deed thereto any greater rights than the rights of the mortgagor
   53  or grantor.
   54         (6) Rights of any person in whose name the land is assessed
   55  on the county tax rolls for the such period of time that as the
   56  land is so assessed and the which rights are preserved for a
   57  period of 3 years after the land is last assessed in that such
   58  person’s name.
   59         (7) State title to lands beneath navigable waters acquired
   60  by virtue of sovereignty.
   61         (8) A restriction or covenant recorded pursuant to chapter
   62  376 or chapter 403.
   63         (9) Any right, title, or interest held by the Board of
   64  Trustees of the Internal Improvement Trust Fund, any water
   65  management district created under chapter 373, or the United
   66  States.
   67         (10) A restriction or covenant accepted by a governmental
   68  entity in conjunction with the adoption of a comprehensive plan
   69  or plan amendment or in conjunction with, or as a condition of,
   70  the approval of a building permit, zoning permit, subdivision
   71  approval, rezoning, certification, special exception, variance,
   72  environmental regulatory permit, or any other official action
   73  having the effect of permitting the development of land.
   74         (11) Any right, title, or interest held in trust for the
   75  public, whether used or unused, including rights-of-way,
   76  easements, reservations, parks, environmental preserves, beach
   77  access, restrictive covenants, or public dedications.
   78         Section 2. Section 712.04, Florida Statutes, is amended to
   79  read:
   80         712.04 Interests extinguished by marketable record title.
   81  Subject to s. 712.03, a marketable record title is free and
   82  clear of all estates, interests, claims, or charges, the
   83  existence of which depends upon any act, title transaction,
   84  event, or omission that occurred before the effective date of
   85  the root of title. Except as provided in s. 712.03, all such
   86  estates, interests, claims, or charges, however denominated,
   87  whether they are or appear to be held or asserted by a person
   88  sui juris or under a disability, whether such person is within
   89  or without the state, natural or corporate, or private or
   90  governmental, are declared to be null and void. However, this
   91  chapter does not affect any right, title, or interest of the
   92  United States, this state Florida, or any of its political
   93  subdivisions, officers, boards, commissions, or other agencies
   94  reserved in the patent or deed by which the United States, this
   95  state Florida, or any of its political subdivisions or agencies
   96  parted with title.
   97         Section 3. This act shall take effect July 1, 2013.