Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1166
       
       
       
       
       
       
                                Barcode 707556                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2013           .                                
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       The Committee on Judiciary (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1) and (3) of section 95.18,
    6  Florida Statutes, are amended, and subsection (9) is added to
    7  that section, to read:
    8         95.18 Real property actions; adverse possession without
    9  color of title.—
   10         (1) When the occupant has, or those under whom the occupant
   11  claims have, been in actual continued possession occupation of
   12  real property for 7 years under a claim of title exclusive of
   13  any other right in a manner consistent with subsection (9), but
   14  not founded on a written instrument, judgment, or decree, or
   15  when those under whom the occupant claims meet these criteria,
   16  the property actually possessed occupied is held adversely if
   17  the person claiming adverse possession:
   18         (a) Paid, subject to s. 197.3335, all taxes and matured
   19  installments of special improvement liens levied against the
   20  property by the state, county, and municipality for at least 2
   21  consecutive years prior to making a return described in
   22  subsection (3); and
   23         (b) Promptly made a return, as required under subsection
   24  (3), of the property by proper legal description to the property
   25  appraiser of the county where it is located within 1 year after
   26  complying with paragraph (a) entering into possession and has
   27  subsequently paid, subject to s. 197.3335, all taxes and matured
   28  installments of special improvement liens levied against the
   29  property by the state, county, and municipality.
   30         (3) A person claiming adverse possession under this section
   31  must make a return of the property by providing to the property
   32  appraiser a uniform return on a form provided by the Department
   33  of Revenue. The return must include all of the following:
   34         (a) The name and address of the person claiming adverse
   35  possession.
   36         (b) The date that the person claiming adverse possession
   37  entered into possession of the property.
   38         (c) A full and complete legal description of the property
   39  that is subject to the adverse possession claim.
   40         (d) A notarized attestation clause that states:
   41  
   42         UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ
   43         THE FOREGOING RETURN AND THAT THE FACTS STATED IN IT
   44         ARE TRUE AND CORRECT.
   45  
   46         (e) A description of the use of the property by the person
   47  claiming adverse possession.
   48         (f) A receipt to be completed by the property appraiser.
   49         (g) Dates of payment of the annual tax assessments for the
   50  property subject to the adverse possession claim for at least 2
   51  consecutive years preceding the making of the return.
   52         (h) The following notice provision at the top of the first
   53  page, printed in no less than 12 point, capitalized, boldfaced
   54  type:
   55  
   56         FILING THIS RETURN DOES NOT ENTITLE THE CLAIMANT TO
   57         IMMEDIATE POSSESSION OR OWNERSHIP OF THE REAL PROPERTY
   58         DESCRIBED BELOW. THIS RETURN DOES NOT OPERATE AS A
   59         CLOUD ON TITLE AND MUST BE REFILED EVERY 3 MONTHS TO
   60         REMAIN EFFECTIVE.
   61  
   62  The property appraiser shall refuse to accept a return if it is
   63  not the uniform return created by the Department of Revenue does
   64  not comply with this subsection. The executive director of the
   65  Department of Revenue is authorized, and all conditions are
   66  deemed met, to adopt emergency rules under ss. 120.536(1) and
   67  120.54(4) for the purpose of implementing this subsection. The
   68  emergency rules shall remain in effect for 6 months after
   69  adoption and may be renewed during the pendency of procedures to
   70  adopt rules addressing the subject of the emergency rules.
   71         (9) For purposes of computing the time periods specified in
   72  subsection (1), no time shall be included for a “stay period,”
   73  which, for purposes of this subsection, means the time during
   74  which any real property sought to be adversely possessed is or
   75  was subject to a pending action to foreclose a mortgage or to
   76  foreclose a lien pursuant to chapter 718, chapter 719, chapter
   77  720, or chapter 723.
   78         (a)A person who occupies or attempts to occupy a
   79  residential structure solely by claim of adverse possession
   80  under this section after a stay period has commenced and while
   81  it remains in effect commits trespass under s. 810.08.
   82         (b)A person who occupies or attempts to occupy a
   83  residential structure solely by claim of adverse possession
   84  under this section after a stay period has commenced and while
   85  it remains in effect and offers the property for lease to
   86  another commits theft under s. 812.014.
   87         Section 2. This act shall take effect July 1, 2013.
   88  
   89  ================= T I T L E  A M E N D M E N T ================
   90         And the title is amended as follows:
   91         Delete everything before the enacting clause
   92  and insert:
   93                        A bill to be entitled                      
   94         An act relating to adverse possession; amending s.
   95         95.18, F.S.; revising terminology; requiring certain
   96         conditions to be met before real property is legally
   97         adversely possessed without color of title; requiring
   98         a person claiming adverse possession to make a return
   99         of the property by providing the return to the
  100         property appraiser using a uniform return; specifying
  101         the contents of the return; requiring the return to
  102         contain a notice; providing criminal penalties;
  103         providing an effective date.