Florida Senate - 2020 SB 886 By Senator Powell 30-01022-20 2020886__ 1 A bill to be entitled 2 An act relating to errors in deeds; creating s. 3 689.041, F.S.; defining terms; providing that a deed 4 containing a scrivener’s error conveys title as if 5 there had been no such error if certain requirements 6 are met; providing a form for a curative notice; 7 authorizing the clerks of the circuit court to accept 8 and record curative notices; providing for the 9 operation of a curative notice; providing 10 construction; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 689.041, Florida Statutes, is created to 15 read: 16 689.041 Curative procedure for scrivener’s errors in 17 deeds.— 18 (1) As used in this section, the term: 19 (a) “Erroneous deed” means any deed, other than a quitclaim 20 deed, which contains a scrivener’s error. 21 (b) “Intended real property” means the real property vested 22 in the grantor and intended to be conveyed by the grantor in the 23 erroneous deed. 24 (c) “Scrivener’s error” means a single error or omission in 25 the legal description of the intended real property in no more 26 than one of the following categories: 27 1. An error or omission in no more than one of the lot or 28 block identifications of a recorded platted lot; however, the 29 transposition of the lot and block identifications is considered 30 one error for the purposes of this subparagraph; 31 2. An error or omission in no more than one of the unit, 32 building, or phase identifications of a condominium or 33 cooperative unit; or 34 3. An error or omission in no more than one directional 35 designation or numerical fraction of a tract of land that is 36 described as a fractional portion of a section, township, or 37 range; however, an error or omission in the directional 38 description and numerical fraction of the same call is 39 considered one error for the purposes of this subparagraph. 40 41 The term “scrivener’s error” does not include any error in a 42 document that contains multiple errors. 43 (2) A deed that contains a scrivener’s error conveys title 44 to the intended real property as if there had been no 45 scrivener’s error, and, likewise, each subsequent erroneous deed 46 containing the identical scrivener’s error conveys title to the 47 intended real property as if there had been no such error if all 48 of the following apply: 49 (a) Record title to the intended real property was held by 50 the grantor of the first erroneous deed at the time the first 51 erroneous deed was executed. 52 (b) Within the 5 years before the record date of the 53 erroneous deed, the grantor of any erroneous deed did not hold 54 title to any other real property in the same subdivision, 55 condominium, or cooperative development or in the same section, 56 township, and range, described in the erroneous deed. 57 (c) The intended real property is not described exclusively 58 by a metes and bounds legal description. 59 (d) A curative notice is recorded in the official records 60 of the county in which the intended real property is located 61 which evidences the intended real property to be conveyed by the 62 grantor. 63 (3) A curative notice must be in substantially the 64 following form: 65 66 Curative Notice, Per Sec. 95.2311, F.S. 67 Scrivener’s Error in Legal Description 68 69 The undersigned does hereby swear and affirm: 70 71 1. The deed which transferred title from ...(Insert 72 Name)... to ...(Insert Name)... on ...(Date)... and recorded on 73 _...(Record Date)... in O.R. Book ...., Page ...., and/or 74 Instrument No. ...., of the official records of ...(Name of 75 County)..., Florida, (hereinafter referred to as “first 76 erroneous deed”) contained the following erroneous legal 77 description: 78 79 ...(Insert Erroneous Legal Description)... 80 81 2. The deed transferring title from ...(Insert Name)... to 82 ...(Insert Name)... and recorded on ...(Record Date)... in O.R. 83 Book ...., Page ...., and/or Instrument No. ...., of the 84 official records of ...(Name of County)..., Florida, contains 85 the same erroneous legal description described in the first 86 erroneous deed. 87 88 ...(Insert and repeat paragraph 2. as necessary to include 89 each subsequent erroneous deed in the chain of title containing 90 the same erroneous legal description)... 91 92 3. I have examined the official records of the county in 93 which the intended real property is located and have determined 94 that the deed dated ...(Date)..., and recorded on ...(Record 95 Date)... in O.R. Book ...., Page .... and/or Instrument No. 96 ...., official records of ...(Name of County)..., Florida, 97 establishes that record title to the intended real property was 98 held by the grantor of the first erroneous deed at the time the 99 first erroneous deed was executed. 100 101 4. I have examined or have had someone else examine the 102 official records of ...(Name of County)..., Florida, and certify 103 that: 104 a. Record title to the intended real property was held by 105 the grantor of the first erroneous deed, ...(Insert Name)..., at 106 the time that deed was executed. 107 b. The grantor of the first erroneous deed and the grantors 108 of any subsequent erroneous deeds listed above did not hold 109 record title to any property other than the intended real 110 property in either the same subdivision, condominium or 111 cooperative or the same section, township and range, if 112 described in this manner, at any time within the 5 years before 113 the date that the erroneous deed was executed. 114 c. The intended real property is not described by a metes 115 and bounds legal description. 116 117 5. This notice is made to establish that the real property 118 described as ...(insert legal description of the intended real 119 property)... (hereinafter referred to as the “intended real 120 property”) was the real property that was intended to be 121 conveyed in the first erroneous deed and all subsequent 122 erroneous deeds. 123 124 ...(Signature)... 125 ...(Printed Name)... 126 127 128 Sworn to (or affirmed) and subscribed before me this .... 129 day of ...., ...(year)..., by ...(name of person making 130 statement).... 131 ...(Signature of Notary Public - State of Florida)... 132 ...(Print, Type, or Stamp Commissioned Name of Notary 133 Public)... 134 135 Personally Known .... OR Produced Identification .... 136 Type of Identification Produced.......................... 137 138 (4) The clerks of the circuit court for the circuit in 139 which any intended real property is located may accept and 140 record curative notices in the form described in subsection (3) 141 as evidence of the intent of the grantor in the erroneous deed 142 to convey the intended real property to the grantee in the 143 erroneous deed. 144 (5) A curative notice recorded pursuant to this section 145 operates as a correction of the first erroneous deed and all 146 subsequent erroneous deeds containing the same scrivener’s error 147 described in the curative notice and releases any cloud or 148 encumbrance that any of the erroneous deeds may have created as 149 to any property other than the intended real property. The 150 correction relates back to the record date of the first 151 erroneous deed. 152 (6) The remedies under this section are not exclusive and 153 do not abrogate any right or remedy under the laws of this state 154 other than this section. 155 Section 2. This act shall take effect July 1, 2020.