Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 712.04 | Lawyer Caselaw & Research
F.S. 712.04 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 712.04

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 712
MARKETABLE RECORD TITLES TO REAL PROPERTY
View Entire Chapter
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.”

F.S. 712.04 on Google Scholar

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 from cite.case.law:

DORSEY, a k a Jr. a k a v. ROBINSON,, 270 So. 3d 462 (Fla. App. Ct. 2019)

. . . ." § 712.04, Fla. Stat. (2016). . . .

SAVE CALUSA TRUST, v. ST. ANDREWS HOLDINGS, LTD., 193 So. 3d 910 (Fla. Dist. Ct. App. 2016)

. . . to violate the covenant, then the covenant is subject to MRTA’s extinguishment provision of section 712.04 . . . For these reasons, Owner asserts that the plain'language of section 712.04 renders the restrictive zoning . . . which delineates nine sets of rights that are exempt from extinguishment by MRTA; .and (iii) section 712.04 . . . In relevant part, section 712.04 provides' that, subject to certain exceptions, a property owner owns . . .

VILLAGE CARVER PHASE LLC, v. FIDELITY NATIONAL TITLE INSURANCE CO., 128 So. 3d 107 (Fla. Dist. Ct. App. 2013)

. . . Section 712.04 of the MRTA states that “[sjubject to s. 712.03, a marketable record title is free and . . . title transaction, event, or omission that occurred before the effective date of the root of title.” § 712.04 . . . The “implied notice” on which Village Carver relies “depends upon” the existence of the 1908 deed. § 712.04 . . . insurance policy, not to mention one “that occurred before the effective date of root of title.” § 712.04 . . .

MATISSEK v. D. WALLER,, 51 So. 3d 625 (Fla. Dist. Ct. App. 2011)

. . . Similarly, section 712.04, titled “Interests extinguished by marketable record title,” provides: Subject . . . restrictions, which predated the 1974 root of title, were extinguished by the MRTA in accordance with section 712.04 . . . section 712.03 that would prevent HLEI’s interest in the property from being extinguished under section 712.04 . . .

NOBLIN, v. HARBOR HILLS DEVELOPMENT, L. P., 896 So. 2d 781 (Fla. Dist. Ct. App. 2005)

. . . those rights of entry or easement are excepted or not affected by the provisions of s. 712.03 or s. 712.04 . . .

H. BLANTON, v. CITY OF PINELLAS PARK,, 887 So. 2d 1224 (Fla. 2004)

. . . Section 712.04, Florida Statutes (2003), titled “Interests extinguished by marketable record title” provides . . . statutory ways of necessity in section 712.03, we note that the “all claims” language is limited by section 712.04 . . . Specifically, section 712.04 limits the claims extinguished by MRTA to those that “depend[ ] upon any . . . Applying section 712.04 of MRTA to common law ways of necessity is straightforward. . . . the landlocked property, a claim to a common law way of necessity can be extinguished under section 712.04 . . .

CIRELLI, L. v. ENT, T., 885 So. 2d 423 (Fla. Dist. Ct. App. 2004)

. . . Section 712.04, Florida Statutes, provides in pertinent part: Subject to the matters stated in s. 712.03 . . . title transaction, event or omission that occurred prior to the effective date of the root of title. § 712.04 . . . The courts that have interpreted and applied section 712.04 have consistently held, in accordance with . . . title transaction, event or omission that occurred prior to the effective date of the root of title.” § 712.04 . . .

R. MARTIN, v. TOWN OF PALM BEACH,, 643 So. 2d 112 (Fla. Dist. Ct. App. 1994)

. . . The trial court denied injunctive relief relying upon section 712.04 of the Marketable Record Titles . . . See § 712.04, Fla.Stat. (1993). . . .

WATER CONTROL DISTRICT OF SOUTH BREVARD, v. M. DAVIDSON, P. Jr. E. B. F. M. J. A., 638 So. 2d 521 (Fla. Dist. Ct. App. 1994)

. . . . § 712.04, Fla.Stat. (1992). See Gregory M. . . . which are subject to being extinguished by marketable record title pursuant to the provisions of s. 712.04 . . .

BURLINGTON NORTHERN RAILROAD COMPANY, v. OMAHA PUBLIC POWER DISTRICT, NEBRASKA PUBLIC POWER DISTRICT. BURLINGTON NORTHERN RAILROAD COMPANY, v. OMAHA PUBLIC POWER DISTRICT, 888 F.2d 1228 (8th Cir. 1989)

. . . . § 84-712.04(1). . . .

M. HARRELL, v. WESTER, W. W., 853 F.2d 828 (11th Cir. 1988)

. . . . § 712.04. . . .

CONSERVATORY- CITY OF REFUGE, INC. v. V. KINNEY,, 514 So. 2d 377 (Fla. Dist. Ct. App. 1987)

. . . .” § 712.04, Fla.Stat. (1985). . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT FUND, v. R. STEVENS, 495 So. 2d 167 (Fla. 1986)

. . . This intent is made clear by the provision now codified in section 712.04, Fla.Stat. (1985), providing . . . Ch. 63-133, Laws of Florida. . § 712.04, Fla.Stat. (1983). . Ch. 78-288, Laws of Fla. . . . .

AL HADDAD BROS. ENTERPRISES, INC. v. M S AGAPI, S. A., 635 F. Supp. 205 (D. Del. 1986)

. . . First, the arbitrator awarded Diakan $143,-712.04 in unpaid charter fees, along with $47,365.91 interest . . .

COASTAL PETROLEUM COMPANY, v. AMERICAN CYANAMID COMPANY, a COASTAL PETROLEUM COMPANY, v. ESTECH, INC. a, 454 So. 2d 6 (Fla. Dist. Ct. App. 1984)

. . . . § 712.04, Fla.Stat. (1981); Sawyer v. . . .

HOLLAND, v. J. M. HATTAWAY,, 438 So. 2d 456 (Fla. Dist. Ct. App. 1983)

. . . The operative provisions of MRTA (sections 712.02 and 712.04, Florida Statutes (1981)) provide that when . . . when each of two competing titles goes back at least 30 years of record, to initially apply 712.02 and 712.04 . . . therefore may be within the exception in 712.03(4) and may be subject to extinguishment under 712.02 and 712.04 . . . From these provisions and 712.04 we conclude that it is the intent of MRTA to free one title from all . . . under 712.03(3)) in preventing an extinguishment of an interest in the land by sections 712.02 and 712.04 . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND OF STATE OF FLORIDA, v. PARADISE FRUIT COMPANY, INC. a, 414 So. 2d 10 (Fla. Dist. Ct. App. 1982)

. . . See § 712.04, Fla.Stat. (1963). . . . .

CITY OF PENSACOLA, a v. CAPITAL REALTY HOLDING COMPANY, INC., 417 So. 2d 687 (Fla. Dist. Ct. App. 1982)

. . . .) § 712.04, Fla.Stat. . . .

O D. ASKEW, v. R. SONSON,, 409 So. 2d 7 (Fla. 1981)

. . . The portion of MRTA principally relied on by this Court’s majority for its decision is section 712.04 . . . The exceptions contained in section 712.04 in my view prohibit such a result. . . . The interests extinguished by the MRTA are described in section 712.04, Florida Statutes (1977), which . . . 613 (Fla. 4th DCA 1973), cert. denied, 297 So.2d 562 (Fla.1974), the court said: With, reference to § 712.04 . . . It is the defendant’s contention that we should read § 712.04 as to include implied state governmental . . . The only exceptions to the MRTA not extinguished are those found in section 712.03 and 712.04, Florida . . .

STATE DEPARTMENT OF NATURAL RESOURCES, v. CONTEMPORARY LAND SALES, INC., 400 So. 2d 488 (Fla. Dist. Ct. App. 1981)

. . . On the contrary section 712.04 indicated that all govemmen-tal rights depending on any act or event prior . . .

C. BLIM, E. J. F. V. L. S. N. v. WESTERN ELECTRIC CO. INC. a, 496 F. Supp. 818 (W.D. Okla. 1980)

. . . participation in Bell System Savings Plan 1,217.13 304.28 Loss of Social Security Benefits 1,547.91 712.04 . . .

ALLEN v. ST. PETERSBURG BANK TRUST COMPANY, a, 383 So. 2d 1171 (Fla. Dist. Ct. App. 1980)

. . . Section 712.04,. Florida Statutes (1979). . . .

CITY OF MIAMI, a v. ST. JOE PAPER COMPANY, a a E. Jr. S. S., 364 So. 2d 439 (Fla. 1978)

. . . The city contends that certain exceptions in Florida Statutes, Section 712.04, prevent the application . . .

ITT RAYONIER, INCORPORATED, v. L. WADSWORTH, 346 So. 2d 1004 (Fla. 1977)

. . . are preserved for a period of three years after the land is last assessed in such person’s name.” . “712.04 . . .

ODOM v. DELTONA CORPORATION, BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, v. DELTONA CORPORATION,, 341 So. 2d 977 (Fla. 1976)

. . . Section 712.04, F.S.A. thereof) does not by literal interpretation clear title to private persons in . . . Section 712.04 provides for the extinguishment ‘of all estates, interests, claims or charges . . . the . . .

ITT RAYONIER INCORPORATED, a v. L. WADSWORTH, 386 F. Supp. 940 (M.D. Fla. 1975)

. . . legislative intent to exclude no other claims from extinction by the operation of Sections 712.02 and 712.04 . . .

L. REID E. v. H. BRADSHAW, 302 So. 2d 180 (Fla. Dist. Ct. App. 1974)

. . . legislative intent to exclude no other claims from extinction by the operation of Sections 712.02 and 712.04 . . . subsections to exclude no other claims from extinction by the operation of said Sections 712.03 and 712.04 . . .

MODRALL, v. SAWYER,, 297 So. 2d 562 (Fla. 1974)

. . . . § 712.04, F.S.A., which provides: “Subject to the matters stated in § 712.-03, such marketable record . . . Noting that petitioner urged that Fla.Stat. § 712.04, F.S.A., should be construed to include implied . . . Section 712.04, F.S.A. thereof) does not by literal interpretation clear title to private persons in . . .

SAWYER, v. MODRALL,, 286 So. 2d 610 (Fla. Dist. Ct. App. 1973)

. . . title and, particularly, whether the 1890 deed from the Trustees fit an exception delineated in Section 712.04 . . . Section 712.04, F.S.1971, provides: “712.04 Interests extinguished by marketable record title. — Subject . . . With reference to § 712.04, all interests, whether they are private or governmental, are void except . . . It is the defendant’s contention that we should read § 712.04 as to include implied state governmental . . . In view of the fact that there was no such reservation in the deed, the exception of § 712.04 does not . . .

E. E. MARSHALL, A. v. HOLLYWOOD, INC. a, 224 So. 2d 743 (Fla. Dist. Ct. App. 1969)

. . . The purpose of the act is accomplished basically by the provisions of Sections 712.02 and 712.04, F.S . . . Section 712.02 correlates with Section 712.04. . . . The first sentence of Section 712.04 states that “ * * * such marketable record title shall be free and . . . The second sentence of Section 712.04 amplifies upon the claims which are rendered null and void by the . . . Under Section 712.04 this title is cleared of all estates, interests, claims or charges whatsoever the . . .