Florida Senate - 2020                                     SB 886
       
       
        
       By Senator Powell
       
       
       
       
       
       30-01022-20                                            2020886__
    1                        A bill to be entitled                      
    2         An act relating to errors in deeds; creating s.
    3         689.041, F.S.; defining terms; providing that a deed
    4         containing a scrivener’s error conveys title as if
    5         there had been no such error if certain requirements
    6         are met; providing a form for a curative notice;
    7         authorizing the clerks of the circuit court to accept
    8         and record curative notices; providing for the
    9         operation of a curative notice; providing
   10         construction; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 689.041, Florida Statutes, is created to
   15  read:
   16         689.041 Curative procedure for scrivener’s errors in
   17  deeds.—
   18         (1)As used in this section, the term:
   19         (a)“Erroneous deed” means any deed, other than a quitclaim
   20  deed, which contains a scrivener’s error.
   21         (b)“Intended real property” means the real property vested
   22  in the grantor and intended to be conveyed by the grantor in the
   23  erroneous deed.
   24         (c)“Scrivener’s error” means a single error or omission in
   25  the legal description of the intended real property in no more
   26  than one of the following categories:
   27         1.An error or omission in no more than one of the lot or
   28  block identifications of a recorded platted lot; however, the
   29  transposition of the lot and block identifications is considered
   30  one error for the purposes of this subparagraph;
   31         2.An error or omission in no more than one of the unit,
   32  building, or phase identifications of a condominium or
   33  cooperative unit; or
   34         3.An error or omission in no more than one directional
   35  designation or numerical fraction of a tract of land that is
   36  described as a fractional portion of a section, township, or
   37  range; however, an error or omission in the directional
   38  description and numerical fraction of the same call is
   39  considered one error for the purposes of this subparagraph.
   40  
   41  The term “scrivener’s error” does not include any error in a
   42  document that contains multiple errors.
   43         (2)A deed that contains a scrivener’s error conveys title
   44  to the intended real property as if there had been no
   45  scrivener’s error, and, likewise, each subsequent erroneous deed
   46  containing the identical scrivener’s error conveys title to the
   47  intended real property as if there had been no such error if all
   48  of the following apply:
   49         (a)Record title to the intended real property was held by
   50  the grantor of the first erroneous deed at the time the first
   51  erroneous deed was executed.
   52         (b)Within the 5 years before the record date of the
   53  erroneous deed, the grantor of any erroneous deed did not hold
   54  title to any other real property in the same subdivision,
   55  condominium, or cooperative development or in the same section,
   56  township, and range, described in the erroneous deed.
   57         (c)The intended real property is not described exclusively
   58  by a metes and bounds legal description.
   59         (d)A curative notice is recorded in the official records
   60  of the county in which the intended real property is located
   61  which evidences the intended real property to be conveyed by the
   62  grantor.
   63         (3)A curative notice must be in substantially the
   64  following form:
   65  
   66               Curative Notice, Per Sec. 95.2311, F.S.             
   67               Scrivener’s Error in Legal Description              
   68  
   69         The undersigned does hereby swear and affirm:
   70  
   71         1.The deed which transferred title from ...(Insert
   72  Name)... to ...(Insert Name)... on ...(Date)... and recorded on
   73  _...(Record Date)... in O.R. Book ...., Page ...., and/or
   74  Instrument No. ...., of the official records of ...(Name of
   75  County)..., Florida, (hereinafter referred to as “first
   76  erroneous deed”) contained the following erroneous legal
   77  description:
   78  
   79         ...(Insert Erroneous Legal Description)...
   80  
   81         2.The deed transferring title from ...(Insert Name)... to
   82  ...(Insert Name)... and recorded on ...(Record Date)... in O.R.
   83  Book ...., Page ...., and/or Instrument No. ...., of the
   84  official records of ...(Name of County)..., Florida, contains
   85  the same erroneous legal description described in the first
   86  erroneous deed.
   87  
   88         ...(Insert and repeat paragraph 2. as necessary to include
   89  each subsequent erroneous deed in the chain of title containing
   90  the same erroneous legal description)...
   91  
   92         3.I have examined the official records of the county in
   93  which the intended real property is located and have determined
   94  that the deed dated ...(Date)..., and recorded on ...(Record
   95  Date)... in O.R. Book ...., Page .... and/or Instrument No.
   96  ...., official records of ...(Name of County)..., Florida,
   97  establishes that record title to the intended real property was
   98  held by the grantor of the first erroneous deed at the time the
   99  first erroneous deed was executed.
  100  
  101         4.I have examined or have had someone else examine the
  102  official records of ...(Name of County)..., Florida, and certify
  103  that:
  104         a.Record title to the intended real property was held by
  105  the grantor of the first erroneous deed, ...(Insert Name)..., at
  106  the time that deed was executed.
  107         b.The grantor of the first erroneous deed and the grantors
  108  of any subsequent erroneous deeds listed above did not hold
  109  record title to any property other than the intended real
  110  property in either the same subdivision, condominium or
  111  cooperative or the same section, township and range, if
  112  described in this manner, at any time within the 5 years before
  113  the date that the erroneous deed was executed.
  114         c.The intended real property is not described by a metes
  115  and bounds legal description.
  116  
  117         5.This notice is made to establish that the real property
  118  described as ...(insert legal description of the intended real
  119  property)... (hereinafter referred to as the “intended real
  120  property”) was the real property that was intended to be
  121  conveyed in the first erroneous deed and all subsequent
  122  erroneous deeds.
  123  
  124  ...(Signature)...
  125  ...(Printed Name)...
  126  
  127  
  128         Sworn to (or affirmed) and subscribed before me this ....
  129  day of ...., ...(year)..., by ...(name of person making
  130  statement)....
  131         ...(Signature of Notary Public - State of Florida)...
  132         ...(Print, Type, or Stamp Commissioned Name of Notary
  133  Public)...
  134  
  135         Personally Known .... OR Produced Identification ....
  136         Type of Identification Produced..........................
  137  
  138         (4)The clerks of the circuit court for the circuit in
  139  which any intended real property is located may accept and
  140  record curative notices in the form described in subsection (3)
  141  as evidence of the intent of the grantor in the erroneous deed
  142  to convey the intended real property to the grantee in the
  143  erroneous deed.
  144         (5)A curative notice recorded pursuant to this section
  145  operates as a correction of the first erroneous deed and all
  146  subsequent erroneous deeds containing the same scrivener’s error
  147  described in the curative notice and releases any cloud or
  148  encumbrance that any of the erroneous deeds may have created as
  149  to any property other than the intended real property. The
  150  correction relates back to the record date of the first
  151  erroneous deed.
  152         (6)The remedies under this section are not exclusive and
  153  do not abrogate any right or remedy under the laws of this state
  154  other than this section.
  155         Section 2. This act shall take effect July 1, 2020.