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Florida Statute 712.05 | Lawyer Caselaw & Research
F.S. 712.05 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 712.05

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. 712.05
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.

F.S. 712.05 on Google Scholar

F.S. 712.05 on Casetext

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 from cite.case.law:

SAND LAKE HILLS HOMEOWNERS ASSOCIATION, INC. v. C. BUSCH, D. F., 210 So. 3d 706 (Fla. Dist. Ct. App. 2017)

. . . Section 712.05(1), Florida Statutes (2015), provides, in part: “[A] homeowners’ association desiring . . . notice must be filed during the thirty-year period following the effective date of the root of title. § 712.05 . . .

SOUTHFIELDS OF PALM BEACH POLO AND COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC. Dr. C. v. D. McCULLOUGH,, 111 So. 3d 283 (Fla. Dist. Ct. App. 2013)

. . . Section 712.05(1), Florida Statutes (2010), states, in part: “[A] homeowners’ association desiring to . . . circuit court, claiming that the association’s board was refusing to file the notice required under 712.05 . . .

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

. . . muniments of title under section 712.03(1) or by recording a proper notice under sections 712.03(2), 712.05 . . . argument concerning the failure of any interested party to file a proper notice under sections 712.03(2), 712.05 . . .

NOURACHI, HW a F. S. v. UNITED STATES M., 632 F. Supp. 2d 1101 (M.D. Fla. 2009)

. . . Section 712.05 provides that a claim to interest in land can avoid extinguishment under the Act by filing . . .

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

. . . provisions under section 712.03 can be preserved by recording that interest as prescribed by sections 712.05 . . . 2003), within the “30-year period immediately following the effective date of the root of title.” § 712.05 . . .

H F LAND, INC. v. PANAMA CITY- BAY COUNTY AIRPORT AND INDUSTRIAL DISTRICT,, 736 So. 2d 1167 (Fla. 1999)

. . . In this regard, section 712.05 of MRTA specifically provides: Any person claiming an interest in land . . . a period of not longer than 30 years after filing the same unless again filed as required herein. § 712.05 . . . be extinguished by section 712.03(1), Florida Statutes, unless those matters are filed under section 712.05 . . . H & F contends it could not and should not have had to file a claim under section 712.05 or otherwise . . . We conclude that section 712.05 clearly mandates and H & F’s predecessors had the opportunity to record . . .

FLORIDA DEPARTMENT OF TRANSPORTATION, v. DARDASHTI PROPERTIES,, 605 So. 2d 120 (Fla. Dist. Ct. App. 1992)

. . . . § 712.05, Fla. Stat. (1989). . . . .

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)

. . . . § 84-712.05 (Reissue 1987), and therefore not subject to public disclosure as sought by Nebraska Public . . . implementing the Act, and the trade secrets exemption to the Nebraska Public Records Act, Neb.Rev.Stat. § 84-712.05 . . . released would give advantage to business competitors and serve no public purpose_ Neb.Rev.Stat. § 84-712.05 . . . Id. § 84-712.05(3). . . . .

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

. . . . § 712.05, or if the claimant falls within one of the statutory exceptions. See id. § 712.03. . . . Appellants could have maintained their interest by filing the notice prescribed by Section 712.05 ... . . .

BURLINGTON NORTHERN RAILROAD COMPANY, v. OMAHA PUBLIC POWER DISTRICT, 703 F. Supp. 826 (D. Neb. 1988)

. . . . § 84-712.05, which I shall call the Nebraska Public Records Act. . . . (Reissue 1947) § 84-712.05. . . . The manifest intent of the Legislature would not be violated if the word “may” in § 84-712.05 were interpreted . . . (Reissue 1947) § 84-712.05. . . . Stat. § 84-712.05(3). Henkle & Joyce Hardware Co. v. . . .

CUNNINGHAM, v. A. HALEY,, 501 So. 2d 649 (Fla. Dist. Ct. App. 1986)

. . . See § 712.05(1), Fla.Stat. See also Holland v. Hattaway, 438 So.2d 456 (Fla. 5th DCA 1983). . . . be extinguished by section 712.03(1), Florida Statutes, unless those matters are filed under section 712.05 . . .

LEVY, v. UNITED STATES,, 10 Cl. Ct. 602 (Cl. Ct. 1986)

. . . . §§ 712.05, 712.06 (1969), was recorded in the chain of title. . . .

PLS v., 10 Ct. Int'l Trade 328 (Ct. Int'l Trade 1986)

. . . to import separate entities for its [merchandise] said entities would not be classified under Item 712.05 . . . Customs Service classifications, plaintiff does allege that classification of the merchandise under item 712.05 . . .

EAC ENGINEERING DIVISION OF EAST ASIATIC COMPANY, INC. v. UNITED STATES, 631 F. Supp. 608 (Ct. Int'l Trade 1986)

. . . The merchandise was classified by the Customs Service as “optical instruments” under item 712.05 of the . . . Service’s original classification of the imported “spark detectors” as “optical instruments” under item 712.05 . . .

EAC Co. v., 10 Ct. Int'l Trade 188 (Ct. Int'l Trade 1986)

. . . The merchandise was classified by the Customs Service as "optical instruments” under item 712.05 of the . . . Service’s original classification of the imported "spark detectors” as "optical instruments” under item 712.05 . . .

EAC ENGINEERING, DIVISION OF EAST ASIATIC COMPANY, INC. v. UNITED STATES, 624 F. Supp. 569 (Ct. Int'l Trade 1985)

. . . Customs had classified the merchandise as “optical instruments” under item 712.05, TSUS. . . . Service’s original classification of the imported “spark detectors” as “optical instruments” under item 712.05 . . .

EAC Co. v., 9 Ct. Int'l Trade 593 (Ct. Int'l Trade 1985)

. . . Customs had classified the merchandise as "optical instruments” under item 712.05, TSUS. . . . Service’s original classification of the imported "spark detectors” as "optical instruments” under item 712.05 . . .

EAC ENGINEERING, DIVISION OF EAST ASIATIC COMPANY, INC. v. UNITED STATES, 623 F. Supp. 1255 (Ct. Int'l Trade 1985)

. . . The merchandise was classified by the Customs Service as “optical instruments” under item 712.05 of the . . . measuring, checking, analyzing, or automatically controlling instruments and apparatus, and parts thereof: 712.05 . . . whether the imported articles are properly classifiable as “optical instruments,” as provided in item 712.05 . . . The parties agree that the superior heading to items 712.05 to 712.51 covers the imported articles. . . .

EAC Co. v., 9 Ct. Int'l Trade 534 (Ct. Int'l Trade 1985)

. . . The merchandise was classified by the Customs Service as "optical instruments” under item 712.05 of the . . . measuring, checking, analyzing, or automatically controlling instruments and apparatus, and parts thereof: 712.05 . . . whether the imported articles are properly classifiable as "optical instruments,” as provided in item 712.05 . . . The parties agree that the superior heading to items 712.05 to 712.51 covers the imported articles. . . .

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

. . . In considering the overall intent of MRTA we note sections 712.05 and 712.06 which provide a method of . . . interest in the land in question and both serve the same purpose as a recorded notice filed under section 712.05 . . . because of multiple ownership or other legitimate reason, the burden of filing a notice under section 712.05 . . .

In P. CLAXTON, III, A. BARTL, v. T. TWARDY R. J. W., 32 B.R. 224 (Bankr. E.D. Va. 1983)

. . . or who may be proceeded against as an involuntary bankrupt”. (13 Collier on Bankruptcy (14th ed.), ¶ 712.05 . . .

TRAVICK, v. PARKER, Ad B., 436 So. 2d 957 (Fla. Dist. Ct. App. 1983)

. . . held that MRTA could extinguish such an interest if timely notice was not filed pursuant to section 712.05 . . . Since there is no evidence in the record that appellants filed timely notice under section 712.05, or . . . Under section 712.05, Florida Statutes (1981), a person claiming an interest in land may preserve it . . .

In P. CLAXTON, III, A. BARTL, v. E. GARFINKEL, P., 30 B.R. 199 (Bankr. E.D. Va. 1983)

. . . or who may be proceeded against as an involuntary bankrupt”. (13 Collier on Bankruptcy (14th ed.), ¶712.05 . . .

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

. . . claim has been placed of record for more than thirty years and no notice of claim pursuant to section 712.05 . . .

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

. . . Appellants could have maintained their interest by filing notice prescribed by Section 712.05, Florida . . .

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

. . . filing a notice within the 30-year period subsequent to the root of title in accordance with Section 712.05 . . .

CITY OF MIAMI, a v. ST. JOE PAPER COMPANY,, 347 So. 2d 622 (Fla. Dist. Ct. App. 1977)

. . . length of time provided and the easy way in which the City could have protected its claim, see Section 712.05 . . .

ITT RAYONIER, INCORPORATED, v. L. 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 . . .

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

. . . estate claimed); (2) estates or charges preserved by filing proper notices in accordance with Section 712.05 . . .

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

. . . specific enumeration of exceptions to the act in Section 712.03 and the specific provision in Section 712.05 . . .

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

. . . specific enumeration of exceptions to the act in Section 712.03 and the specific provision in Section 712.05 . . . in by two other members of his Court, construed that the legislative intent of Chapters 712.03 and 712.05 . . .

TRUSTEES OF TUFTS COLLEGE, v. TRIPLE R. RANCH, INC. COMPASS ROSE CORPORATION, v. TRIPLE R. RANCH, INC. TRIPLE R. RANCH, INC. v. COMPASS ROSE CORPORATION,, 275 So. 2d 521 (Fla. 1973)

. . . Statutes, includes savings provisions whereby affected persons may protect their interests, and says: “712.05 . . . 712.09 states: “Extension of thirty year period. — If the thirty year period for filing notice under § 712.05 . . .

J. E. Co. v., 63 Cust. Ct. 65 (Cust. Ct. 1969)

. . . plaintiff, since the integrators are not optical instruments nor any of the other articles named in items 712.05 . . .

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

. . . specific enumeration of exceptions to the act in Section 712.03 and the specific provision in Section 712.05 . . . plaintiff’s claim unless the claim is exempt from marketability under either Section 712.03 or Section 712.05 . . . the claim of the plaintiff to the title was preserved by a notice filed in accordance with Section 712.05 . . .

v., 62 Cust. Ct. 360 (Cust. Ct. 1969)

. . . invoices covered by the above protests, and assessed with duty at 50 per centum ad valorem under Item 712.05 . . .

v., 61 Cust. Ct. 359 (Cust. Ct. 1968)

. . . provided for elsewhere in the Tariff Schedule, which instruments and parts are not described under Items 712.05 . . .

v., 59 Cust. Ct. 472 (Cust. Ct. 1967)

. . . enumerated above, assessed with duty at the rate of 50 per cent ad valorem under the provisions of Item 712.05 . . .