2012 Florida Statutes
TITLE XL — REAL AND PERSONAL PROPERTY
Chapter 712 — MARKETABLE RECORD TITLES TO REAL PROPERTY
712.01 — Definitions.

712.01 Definitions.—As used in this law:

(1) The term person as used herein denotes singular or plural, natural or corporate, private or governmental, including the state and any political subdivision or agency thereof as the context for the use thereof requires or denotes and including any homeowners association.

(2)  Root of title means any title transaction purporting to create or transfer the estate claimed by any person and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded.

(3)  Title transaction means any recorded instrument or court proceeding which affects title to any estate or interest in land and which describes the land sufficiently to identify its location and boundaries.

(4) The term homeowners association means a homeowners association as defined in s. 720.301, or an association of parcel owners which is authorized to enforce use restrictions that are imposed on the parcels.

(5) The term parcel means real property which is used for residential purposes that is subject to exclusive ownership and which is subject to any covenant or restriction of a homeowners association.

(6) The term covenant or restriction means any agreement or limitation contained in a document recorded in the public records of the county in which a parcel is located which subjects the parcel to any use restriction which may be enforced by a homeowners association or which authorizes a homeowners association to impose a charge or assessment against the parcel or the owner of the parcel or which may be enforced by the Florida Department of Environmental Protection pursuant to chapter 376 or chapter 403.

History.—s. 1, ch. 63-133; s. 11, ch. 65-420; s. 1, ch. 81-242; s. 1, ch. 97-202; s. 56, ch. 2000-258; s. 16, ch. 2000-317.