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FL H0995

Bill

Status

Introduced

2/22/2013

Primary Sponsor

Daphne Campbell

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Amends section 95.231, Florida Statutes to establish a 5-year validation period for recorded instruments (deeds, wills, powers of attorney) that appear to convey or affect real property.

  • After 5 years from recording, instruments are presumed valid and shall have their purported effect as if there were no defects in seal, witnesses, acknowledgment, or dower relinquishment, absent fraud, adverse possession, or pending litigation.

  • Limits powers of attorney validated under this provision to only be valid for effectuating the specific instrument with which they were recorded.

  • Provides a one-year grace period ending October 1, 2014, for persons claiming an interest in affected real property to file court challenges to determine instrument validity before the new rules apply.

  • Takes effect October 1, 2013.

Legislative Description

Conveyances of Real Property

Last Action

Laid on Table, companion bill(s) passed, see SB 736 (Ch. 2013-234)

4/29/2013

Committee Referrals

Judiciary3/21/2013
Civil Justice Subcommittee3/4/2013

Full Bill Text

No bill text available