Bill Text: FL S0518 | 2010 | Regular Session | Comm Sub
Bill Title: Marketable Record Title [SPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Read 2nd time -SJ 00918; Amendment(s) adopted (800216) -SJ 00918; Substituted CS/CS/HB 435 -SJ 00918; Laid on Table, companion bill(s) passed, see CS/CS/HB 435 (Ch. 2010-104) -SJ 00918 [S0518 Detail]
Download: Florida-2010-S0518-Comm_Sub.html
Florida Senate - 2010 CS for SB 518 By the Committee on Judiciary; and Senator Baker 590-03247-10 2010518c1 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 amending s. 712.06, F.S.; revising the noticing 10 requirements for a statement of marketable title 11 action; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (9) is added to section 712.03, 16 Florida Statutes, to read: 17 712.03 Exceptions to marketability.—Such marketable record 18 title shall not affect or extinguish the following rights: 19 (9) Any right, title, or interest held by the Board of 20 Trustees of the Internal Improvement Trust Fund, any water 21 management district created under chapter 373, or the United 22 States. 23 Section 2. Section 712.04, Florida Statutes, is amended to 24 read: 25 712.04 Interests extinguished by marketable record title. 26 Subject tothe matters stated ins. 712.03, asuchmarketable 27 record title isshall befree and clear of all estates, 28 interests, claims, or chargeswhatsoever, the existence of which 29 depends upon any act, title transaction, event, or omission that 30 occurred beforeprior tothe effective date of the root of 31 title. Except as provided in s. 712.03, all such estates, 32 interests, claims, or charges, however denominated, whether they 33such estates, interests, claims, or chargesare or appear to be 34 held or asserted by a person sui juris or under a disability, 35 whether such person is within or without the state,whether such36person isnatural or corporate, orisprivate or governmental, 37 areherebydeclared to be null and void. However,except that38 this chapter doesshallnotbe deemed toaffect any right, 39 title, or interest of the United States, Florida, or any of its 40 officers, boards, commissions, or other agencies reserved in the 41 patent or deed by which the United States, Florida, or any of 42 its agencies parted with title. 43 Section 3. Subsections (3) and (4) of section 712.06, 44 Florida Statutes, are amended, present subsection (4) is 45 renumbered as subsection (5), and a new subsection (4) is added 46 to that section, to read: 47 712.06 Contents of notice; recording and indexing.— 48 (3) The person providing the notice referred to in s. 49 712.05 shall cause the clerk of the circuit court toshall, upon50such filing,mail by registered or certified mail to the 51 purported owner of said property, as stated in such notice, a 52 copy thereof and shall enter on the original, before recording 53 the same, a certificate showing such mailing. For preparing the 54 certificate, the claimant shall pay to the clerk the service 55 charge as prescribed in s. 28.24(8) and the necessary costs of 56 mailing, in addition to the recording charges as prescribed in 57 s. 28.24(12). If the notice names purported owners having more 58 than one address, the person filing the same shall furnish a 59 true copy for each of the several addresses stated, and the 60 clerk shall send one such copy to the purported owners named at 61 each respective address. Such certificate shall be sufficient if 62 the same reads substantially as follows: 63 64 I hereby certify that I did on this ...., mail by 65 registered (or certified) mail a copy of the foregoing notice to 66 each of the following at the address stated: 67 ...(Clerk of the circuit court)... 68 of .... County, Florida, 69 By ...(Deputy clerk)... 70 71 The clerk of the circuit court is not required to mail to the 72 purported owner of such property any such notice that pertains 73 solely to the preserving of any covenant or restriction or any 74 portion of a covenant or restriction. 75 (4) In lieu of providing notice through the clerk of the 76 circuit court as provided in subsection (3), the person may 77 publish the notice in a newspaper as provided in chapter 50. 78 Such notice must be published once a week for 2 consecutive 79 weeks in the manner provided in s. 712.05 and must include the 80 book and page number where the notice is recorded in the 81 official records and the name of the county where the property 82 is located. 83 (5)(4)Failure of any purported owner to receive the mailed 84 notice shall not affect the validity of the notice or vitiate 85 the effect of the filing of such notice. 86 Section 4. This act shall take effect July 1, 2010.