Florida Statute 712.05 | 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. 712.05

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.

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Amendments to 712.05

Arrestable Offenses / Crimes under Fla. Stat. 712.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 712.05.

Annotations, Discussions, Cases:

Cases Citing Statute 712.05

Total Results: 20

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: provisions hereof." Section 712.05(1) sets forth the method for preserving a claim

Sand Lake Hills Homeowners Ass'n v. Busch

Court: District Court of Appeal of Florida | Date Filed: 2017-01-20

Citation: 210 So. 3d 706, 2017 Fla. App. LEXIS 568

Snippet: Park, 887 So.2d 1224, 1227 (Fla. 2004). Section 712.05(1), Florida Statutes (2015), provides, in part:

Sand Lake Hills v. Busch

Court: District Court of Appeal of Florida | Date Filed: 2017-01-16

Citation: 210 So. 3d 706

Snippet: following the effective date of the root of title. § 712.05, Fla. Stat. (2004).

Southfields of Palm Beach Polo & Country Club Homeowners Ass'n v. McCullough

Court: District Court of Appeal of Florida | Date Filed: 2013-04-17

Citation: 111 So. 3d 283, 2013 WL 1629186, 2013 Fla. App. LEXIS 6061

Snippet: accordance with the provisions hereof.” Section 712.05(1), Florida Statutes (2010), states, in part: “[A]

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: recording a proper notice under sections 712.03(2), 712.05, and 712.06, which was never done. Therefore, they

Tillman v. State

Court: Supreme Court of Florida | Date Filed: 2006-07-06

Citation: 934 So. 2d 1263, 2006 WL 1837903

Snippet: 53a-167c (2005 & Supp.2006); Haw.Rev.Stat. § 707-712.5 (1993 & Supp. 2005); Kan. Stat. Ann. § 21-3411 (1995

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: recording that interest as prescribed by sections 712.05 and 712.06, Florida Statutes (2003), within the

H & F Land v. Panama City-Bay Co. Airport

Court: Supreme Court of Florida | Date Filed: 1999-06-10

Citation: 736 So. 2d 1167, 24 Fla. L. Weekly Supp. 264, 1999 Fla. LEXIS 1047

Snippet: 03(2), Fla. Stat. (1995). In this regard, section 712.05 of MRTA specifically provides: Any person claiming

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-06-21

Snippet: See, s. 28.222(1), Fla. Stat. (1993). 7 See, ss. 712.05 and 712.06, Fla. Stat. (1993), respectively providing

Florida Dept. of Transp. v. Dardashti Properties

Court: District Court of Appeal of Florida | Date Filed: 1992-08-19

Citation: 605 So. 2d 120, 1992 WL 197857

Snippet: notice of its claim to the eleven foot strip. § 712.05, Fla. Stat. (1989). [5] It appears that the eleven

Cunningham v. Haley

Court: District Court of Appeal of Florida | Date Filed: 1986-12-31

Citation: 501 So. 2d 649, 12 Fla. L. Weekly 175

Snippet: record title made marketable by the act. See § 712.05(1), Fla. Stat. See also Holland v. Hattaway, 438

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: considering the overall intent of MRTA we note sections 712.05 and 712.06 which provide a method of filing, during

Travick v. Parker

Court: District Court of Appeal of Florida | Date Filed: 1983-07-21

Citation: 436 So. 2d 957

Snippet: timely notice was not filed pursuant to section 712.05[2]. In Hope v. Hope, 410 So.2d 212 (Fla. 5th DCA

Hope v. Hope

Court: District Court of Appeal of Florida | Date Filed: 1982-02-24

Citation: 410 So. 2d 212, 1982 Fla. App. LEXIS 22281

Snippet: timely notice was not filed pursuant to section 712.-05. 383 So.2d at 1171-72. The appellants’ attempts

Askew v. Sonson

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

Citation: 409 So. 2d 7

Snippet: years and no notice of claim pursuant to section 712.05, Florida Statutes (1975), has been filed by the

Allen v. St. Petersburg Bank & Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 1980-06-04

Citation: 383 So. 2d 1171

Snippet: interest by filing notice prescribed by Section 712.05, Florida Statutes (1979), within the thirty year

City of Miami v. St. Joe Paper Co.

Court: Supreme Court of Florida | Date Filed: 1978-10-05

Citation: 364 So. 2d 439

Snippet: to the root of title in accordance with Section 712.05, Florida Statutes. The court in Wilson v. Kelly

City of Miami v. St. Joe Paper Co.

Court: District Court of Appeal of Florida | Date Filed: 1977-05-03

Citation: 347 So. 2d 622

Snippet: City could have protected its claim, see Section 712.05, Florida Statutes (1975), we find no reason to

ITT Rayonier, Inc. v. Wadsworth

Court: Supreme Court of Florida | Date Filed: 1977-04-28

Citation: 346 So. 2d 1004, 1977 Fla. LEXIS 3907

Snippet: Section 712.03 and the specific provision in Section 712.05 for the protection of valid claims indicates a

Odom v. Deltona Corp.

Court: Supreme Court of Florida | Date Filed: 1977-02-15

Citation: 341 So. 2d 977

Snippet: filing proper notices in accordance with Section 712.05 and .06; (3) rights of persons in possession; (4)