Bulletin: FL000009

Dear Associates:

When issuing loan policies, owners polices and commitments where the insured land abuts or is close to any navigable body of water, such as the Gulf or Atlantic, rivers, lakes or inlets, you must determine whether or not any portion of the lands to be insured have been filled. If they have been filled you must determine proper dredge and fill permits have been obtained and that the State of Florida has conveyed its interest in such filled in lands.

If you cannot determine that (i) the lands have been filled, and (ii) proper dredge and filled permits have been obtained and the state has conveyed its intent, you then must show the following exception under Schedule B:

"The premise herein described possibly being artificially filled land in what was formerly navigable waters, it is subject to any and all rights of the United States Government and of the State of Florida arising by reason of the United States Government control over navigation and commerce and the rights of the State of Florida in lands and/or waters of such character."

The above statement must be included in commitments since you can not add exceptions at the time of policy issuance that were not a part of the commitment.