Bill Text: FL S0670 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Liens on Real Property
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-09 - Died on Calendar [S0670 Detail]
Download: Florida-2012-S0670-Introduced.html
Bill Title: Liens on Real Property
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-09 - Died on Calendar [S0670 Detail]
Download: Florida-2012-S0670-Introduced.html
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) ANoconveyance, transfer, or mortgage of real 21 property, anorof anyinterest in the real propertytherein, or 22 anor anylease for a term of 1 year or longer is not valid,23shall be good and effectualin 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 issame berecorded in the official records 27 of the county in which the property is located.according to28law; nor shallAny such instrument made or executed by virtue of 29 aanypower of attorney is not validbe good or effectualin law 30 or in equity against creditors or subsequent purchasers for a 31 valuable consideration and without notice unless the power of 32 attorney isberecorded in the official records of the county in 33 which the property is located before the rightsaccruing of the34rightof creditorssuch creditoror subsequent purchasers accrue 35purchaser. 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 or48hereafter made, shall be deemed and held to be bona fide49purchasers without notice within the meaning of the recording50acts.51 Section 2. This act shall take effect July 1, 2012.