Florida Statute 712.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 712
MARKETABLE RECORD TITLES TO REAL PROPERTY

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F.S. 712.04

¹712.04 Interests extinguished by marketable record title.—Subject to s. 712.03, a marketable record title is free and clear of all estates, interests, claims, covenants, restrictions, or charges, the existence of which depends upon any act, title transaction, event, zoning requirement, building or development permit, or omission that occurred before the effective date of the root of title. Except as provided in s. 712.03, all such estates, interests, claims, covenants, restrictions, or charges, however denominated, whether they are or appear to be held or asserted by a person sui juris or under a disability, whether such person is within or without the state, natural or corporate, or private or governmental, are declared to be null and void. However, this chapter does not affect any right, title, or interest of the United States, Florida, or any of its officers, boards, commissions, or other agencies reserved in the patent or deed by which the United States, Florida, or any of its agencies parted with title. This section may not be construed to alter or invalidate:

(1) A comprehensive plan or plan amendment; zoning ordinance; land development regulation; building code; development permit; development order; or other law, regulation, or regulatory approval, to the extent such law, regulation, or regulatory approval operates independently of matters recorded in the official records; or

(2) Any recorded covenant or restriction that on the face of the first page of the document states that it was accepted by a governmental entity as part of, or as a condition of, any such comprehensive plan or plan amendment; zoning ordinance; land development regulation; building code; development permit; development order; or other law, regulation, or regulatory approval.

History.—s. 4, ch. 63-133; s. 1, ch. 65-280; s. 2, ch. 2010-104; s. 2, ch. 2022-171.

¹Note.—Section 6, ch. 2022-171, provides that “[a] person with an interest in land which may potentially be extinguished by this act, and whose interest has not been extinguished before July 1, 2022, must file a notice pursuant to s. 712.06, Florida Statutes, by July 1, 2023, to preserve such interest. Any county as defined in s. 125.011(1), Florida Statutes, with an interest in land which may potentially be extinguished by this act, and whose interest has not been extinguished before July 1, 2022, must file a notice pursuant to s. 712.06, Florida Statutes, by July 1, 2025, to preserve such interest.”

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F.S. 712.04 on Casetext

Amendments to 712.04

Arrestable Offenses / Crimes under Fla. Stat. 712.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 712.04.

Annotations, Discussions, Cases:

Cases Citing Statute 712.04

Total Results: 20

Eddie Dorsey, a/k/a Eddie Dorsey, Jr., Audrey Dorsey, Cynthia Riggins, Johnnie Mae Dorsey, James Dorsey, Lillie Dorsey a/k/a Lillie Ruth Dorsey v. Franklin Robinson, Josephine Robinson, and Mary Thompson

Court: District Court of Appeal of Florida | Date Filed: 2019-04-05

Citation: 270 So. 3d 462

Snippet: charges . . . are declared to be null and void.” § 712.04, Fla. Stat. (2016). The legislative intent

SCOTT LYDAY & TAMMY LYDAY v. MYAKKA VALLEY RANCHES IMPROVEMENT ASSOCIATION, INC. & VIVIAN ZABIK

Court: District Court of Appeal of Florida | Date Filed: 2019-03-15

Snippet: exceptions in section 712.03. This is echoed in section 712.04, which states that a marketable title "is

Save Calusa Trust v. St. Andrews Holdings, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 2016-01-13

Citation: 193 So. 3d 910, 2016 Fla. App. LEXIS 426, 2016 WL 145997

Snippet: subject to MRTA’s extinguishment provision of section 712.04. Because the covenant authorizes Homeowners

Village Carver Phase 1, LLC v. Fidelity National Title Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2013-09-30

Citation: 128 So. 3d 107, 2013 WL 5429585, 2013 Fla. App. LEXIS 15394

Snippet: *110insurance “commitment, endorsement, or policy.” Section 712.04 of the MRTA states that “[sjubject to s. 712.03

USAmeriBank v. Klepal

Court: District Court of Appeal of Florida | Date Filed: 2011-10-12

Citation: 100 So. 3d 56, 2011 WL 4809107, 2011 Fla. App. LEXIS 16156

Snippet: fees. The amount of the Bank’s judgment is $51,712.04. The promissory note signed by Mr. Klepal to memorialize

Matissek v. Waller

Court: District Court of Appeal of Florida | Date Filed: 2011-01-14

Citation: 51 So. 3d 625, 2011 Fla. App. LEXIS 81, 2011 WL 116144

Snippet: marketability in [section] 712.03. Similarly, section 712.04, titled "Interests extinguished by marketable record

Feldman v. DEPARTMENT OF CHILDREN AND FAMS.

Court: District Court of Appeal of Florida | Date Filed: 2005-12-14

Citation: 919 So. 2d 512, 2005 WL 3403651

Snippet: followed by Florida Administrative Code Rule 65A-1.712(4)(b), which provides that at the time of a Medicaid

Noblin v. Harbor Hills Development, L.P.

Court: District Court of Appeal of Florida | Date Filed: 2005-01-14

Citation: 896 So. 2d 781, 164 Oil & Gas Rep. 863, 2005 Fla. App. LEXIS 186

Snippet: not affected by the provisions of s. 712.03 or s. 712.04.” § 704.05(1), Fla. Stat. (2002); see also H &

Blanton v. City of Pinellas Park

Court: Supreme Court of Florida | Date Filed: 2004-10-21

Citation: 887 So. 2d 1224, 2004 WL 2359991

Snippet: exceptions in section 712.03.[3] Section *1228 712.04, Florida Statutes (2003), titled "Interests extinguished

Cirelli v. Ent

Court: District Court of Appeal of Florida | Date Filed: 2004-10-18

Citation: 885 So. 2d 423, 2004 WL 2340685

Snippet: title." Id. at 1008-09 (footnotes omitted). Section 712.04, Florida Statutes, provides in pertinent part:

May v. Illinois Nat. Ins. Co.

Court: Supreme Court of Florida | Date Filed: 2000-11-16

Citation: 771 So. 2d 1143, 2000 WL 1707159

Snippet: notice of administration consistent with section 733.712(4)(a), Florida Statutes (1991), which provides that

Martin v. Town of Palm Beach

Court: District Court of Appeal of Florida | Date Filed: 1994-10-07

Citation: 643 So. 2d 112, 1994 WL 543591

Snippet: upon section 712.04 of the Marketable Record Titles to Real Property Act (MRTA). See § 712.04, Fla. Stat

Water Control District of South Brevard v. Davidson

Court: District Court of Appeal of Florida | Date Filed: 1994-04-29

Citation: 638 So. 2d 521, 1994 Fla. App. LEXIS 3906, 1994 WL 151312

Snippet: extinguishes stale claims and ancient defects of title. § 712.04, Fla.Stat. (1992). See Gregory M. Cook, The Marketable

Conservatory-City of Refuge, Inc. v. Kinney

Court: District Court of Appeal of Florida | Date Filed: 1987-09-04

Citation: 514 So. 2d 377, 1987 Fla. App. LEXIS 10119, 12 Fla. L. Weekly 2146

Snippet: to the effective date of the root of title.” § 712.04, Fla.Stat. (1985). [emphasis added] When property

Board of Trustees of the Internal Improvement Fund v. Stevens

Court: Supreme Court of Florida | Date Filed: 1986-10-02

Citation: 495 So. 2d 167, 11 Fla. L. Weekly 511, 1986 Fla. LEXIS 2706

Snippet: clear by the provision now codified in section 712.04, Fla.Stat. (1985), providing as follows: All such

Coastal Petroleum Co. v. American Cyanamid

Court: District Court of Appeal of Florida | Date Filed: 1984-07-13

Citation: 454 So. 2d 6

Snippet: parted with title if the reservation is explicit. § 712.04, Fla. Stat. (1981); Sawyer v. Modrall, 286 So.2d

Holland v. Hattaway

Court: District Court of Appeal of Florida | Date Filed: 1983-09-22

Citation: 438 So. 2d 456, 1983 Fla. App. LEXIS 24436

Snippet: operative provisions of MRTA (sections 712.02 and 712.04, Florida Statutes (1981)) provide that when a person

BD OF TRUSTEES, ETC. v. Paradise Fruit Co.

Court: District Court of Appeal of Florida | Date Filed: 1982-04-28

Citation: 414 So. 2d 10

Snippet: DAUKSCH, C.J., and COBB, J., concur. NOTES [1] See § 712.04, Fla. Stat. (1963). [2] Appellant also presented

City of Pensacola v. Capital Realty Holding Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1982-03-29

Citation: 417 So. 2d 687, 1982 Fla. App. LEXIS 19571

Snippet: of the root of title."[1] (Emphasis supplied.) § 712.04, Fla. Stat. The accretion of this case occurred

Askew v. Sonson

Court: Supreme Court of Florida | Date Filed: 1981-07-23

Citation: 409 So. 2d 7

Snippet: extinguished by the MRTA are described in section 712.04, Florida Statutes (1977), which reads as follows: