Florida Statute 712.08 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 712
MARKETABLE RECORD TITLES TO REAL PROPERTY

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F.S. 712.08

712.08 Filing false claim.—No person shall use the privilege of filing notices hereunder for the purpose of asserting false or fictitious claims to land; and in any action relating thereto if the court shall find that any person has filed a false or fictitious claim, the court may award to the prevailing party all costs incurred by her or him in such action, including a reasonable attorney’s fee, and in addition thereto may award to the prevailing party all damages that she or he may have sustained as a result of the filing of such notice of claim.

History.—s. 8, ch. 63-133; s. 799, ch. 97-102.

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Amendments to 712.08

Annotations, Discussions, Cases:

Cases Citing Statute 712.08

Total Results: 5

Lehmann v. Cocoanut Bayou Ass'n

157 So. 3d 289, 2014 Fla. App. LEXIS 17640, 2014 WL 5461970

District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 60246052

Cited 2 times | Published

exceptions to MRTA spelled out in the statute. See § 712.08. The Lehmanns maintain that the application of

Clipper Bay Investments, LLC v. State Department of Transportation

117 So. 3d 7, 2013 WL 425882, 2013 Fla. App. LEXIS 1680

District Court of Appeal of Florida | Filed: Feb 5, 2013 | Docket: 60232764

Cited 1 times | Published

reservation, use of a part preserves the whole. § 712.08(5), Fla. Stat. Hence, the rights-of-way have not

Sand Lake Hills Homeowners Ass'n v. Busch

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

District Court of Appeal of Florida | Filed: Jan 20, 2017 | Docket: 60294195

Published

court also awarded attorney’s fees pursuant to section 712.08 in the MRTA case, finding that the 2004 MRTA

Sand Lake Hills v. Busch

210 So. 3d 706

District Court of Appeal of Florida | Filed: Jan 16, 2017 | Docket: 4578115

Published

or genuine” and “not true or real” claims, section 712.08 provides a remedy in the trial court’s discretion

Florida Department of Transportation v. Clipper Bay Investments, LLC

160 So. 3d 858, 40 Fla. L. Weekly Supp. 164, 2015 Fla. LEXIS 577, 2015 WL 1379975

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 60246934

Published

rights than the rights of the mortgagor or grantor. § 712.08(5), Fla. Stat. (emphasis added). As stated in