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       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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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 to the matters stated in s. 712.03, a such marketable
   27  record title is shall be free and clear of all estates,
   28  interests, claims, or charges whatsoever, the existence of which
   29  depends upon any act, title transaction, event, or omission that
   30  occurred before prior to the 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
   33  such estates, interests, claims, or charges are 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 such
   36  person is natural or corporate, or is private or governmental,
   37  are hereby declared to be null and void. However, except that
   38  this chapter does shall not be deemed to affect 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 to shall, upon
   50  such 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:
   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)...
   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.

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