Florida Statutes
Fla. Stat. § 712.05 (2025)
Effect of filing notice.
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712.05 Effect of filing notice.—
(1) A person claiming an interest in land or other right subject to extinguishment under this chapter may preserve and protect such interest or right from extinguishment by the operation of this chapter by filing for record, at any time during the 30-year period immediately following the effective date of the root of title, a written notice in accordance with s. 712.06.
(2) A property owners’ association may preserve and protect a community covenant or restriction from extinguishment by the operation of this chapter by filing for record, at any time during the 30-year period immediately following the effective date of the root of title:
(a) A written notice in accordance with s. 712.06; or
(b) A summary notice in substantial form and content as required under s. 720.3032(2); or an amendment to a community covenant or restriction that is indexed under the legal name of the property owners’ association and references the recording information of the covenant or restriction to be preserved. Failure of a summary notice or amendment to be indexed to the current owners of the affected property does not affect the validity of the notice or vitiate the effect of the filing of such notice.
(3) A notice under subsection (1) or subsection (2) preserves an interest in land or other right subject to extinguishment under this chapter, or a covenant or restriction or portion of such covenant or restriction, for not less than 30 years after filing the notice unless the notice is filed again as required in this chapter. A person’s disability or lack of knowledge of any kind may not delay the commencement of or suspend the running of the 30-year period. Such notice may be filed for record by the claimant or by any other person acting on behalf of a claimant who is:
(a) Under a disability;
(b) Unable to assert a claim on his or her behalf; or
(c) One of a class, but whose identity cannot be established or is uncertain at the time of filing such notice of claim for record.
The property owners’ association or clerk of the circuit court is not required to provide additional notice pursuant to s. 712.06(3) for a notice filed under subsection (2). The preceding sentence is intended to clarify existing law.
(4) It is not necessary for the owner of the marketable record title, as described in s. 712.02, to file a notice to protect his or her marketable record title.
History.—s. 5, ch. 63-133; s. 798, ch. 97-102; s. 3, ch. 97-202; s. 1, ch. 2003-79; s. 7, ch. 2014-133; s. 3, ch. 2018-55.
Notes of Decisions
Cited in 21
cases, 1969–2019 · leading case: H & F Land v. Panama City-Bay Co. Airport, 736 So. 2d 1167 (Fla. 1999).
H & F Land v. Panama City-Bay Co. Airport, 736 So. 2d 1167 (Fla. 1999). “§ 712.05, Fla. Stat. (1995). In City of Miami v.”
Blanton v. City of Pinellas Park, 887 So. 2d 1224 (Fla. 2004). “" § 712.05(1), Fla. Stat. (2003). In sum, MRTA is a comprehensive act that contains elements of a curative act, a statute of limitations, and a recording act.”
City of Miami v. St. Joe Paper Co., 364 So. 2d 439 (Fla. 1978). “Moreover, an interest in land can be preserved by any *449 party by filing a notice within the 30-year period subsequent to the root of title in accordance with Section 712.05, Florida Statutes. The court in Wilson v.”
Holland v. Hattaway, 438 So. 2d 456 (Fla. 5th DCA 1983). “Both of such conveyances serve equally well to give notice of an actively asserted interest in the land in question and *469 both serve the same purpose as a recorded notice filed under section 712.05 and of assessment on the county tax rolls under 712.”
Cunningham v. Haley, 501 So. 2d 649 (Fla. 5th DCA 1986). “See § 712.05(1), Fla. Stat. See also Holland v.”
Marshall v. Hollywood, Inc., 224 So. 2d 743 (Fla. 4th DCA 1969). “Section 95.23 has no express exceptions.”
Florida Dept. of Transp. v. Dardashti Props., 605 So. 2d 120 (Fla. 4th DCA 1992). “§ 712.05, Fla. Stat. (1989). [5] It appears that the eleven foot strip has since been taken by FDOT and that the just compensation phase of Dardashti's condemnation action has been stayed pending conclusion of this appeal.”
Odom v. Deltona Corp., 341 So. 2d 977 (Fla. 1977). “03 include (1) estates, easements and restrictions `disclosed by and defects inherent in' muniments of title on which the claimed estate is based beginning with the root of title (title transaction recorded thirty years purporting to create or transfer the estate claimed); (2)…”
Sand Lake Hills Homeowners Ass'n v. Busch, 210 So. 3d 706 (Fla. 5th DCA 2017). “…court. The notice must be filed during the thirty-year period following the effective date of the root of title. § 712.05, Fla. Stat. (2004).”
Askew v. Sonson, 409 So. 2d 7 (Fla. 1981). “Since the last "root of title" no instrument contradicting plaintiffs' claim has been placed of record for more than thirty years and no notice of claim pursuant to section 712.05, Florida Statutes (1975), has been filed by the defendants which would protect their rights under…”
ITT Rayonier, Inc. v. Wadsworth, 346 So. 2d 1004 (Fla. 1977). “03 and the specific provision in Section 712.05 for the protection of valid claims indicates a legislative intent to exclude no other claims from extinction by the operation of Sections 712.”
Travick v. Parker, 436 So. 2d 957 (Fla. 5th DCA 1983). “[2] Under section 712.05, Florida Statutes (1981), a person claiming an interest in land may preserve it from extinguishment by filing for record a written notice during the thirty year period immediately following the effective date of the root of title.”
712.05(1): 6 cases
Blanton v. City of Pinellas Park, 887 So. 2d 1224 (Fla. 2004). “" § 712.05(1), Fla. Stat. (2003). In sum, MRTA is a comprehensive act that contains elements of a curative act, a statute of limitations, and a recording act.”
Cunningham v. Haley, 501 So. 2d 649 (Fla. 5th DCA 1986). “See § 712.05(1), Fla. Stat. See also Holland v.”
H & F Land v. Panama City-Bay Co. Airport, 736 So. 2d 1167 (Fla. 1999). “§ 712.05, Fla. Stat. (1995). In City of Miami v.”
Sand Lake Hills Homeowners Ass'n v. Busch, 210 So. 3d 706 (Fla. 5th DCA 2017). “…court. The notice must be filed during the thirty-year period following the effective date of the root of title. § 712.05, Fla. Stat. (2004).”
Scott Lyday v. Myakka Valley Ranches Improvement Ass'n, No. 17-1726 (Fla. 2d DCA Mar. 15, 2019).
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