Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS for SB 1166
Barcode 913990
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
04/25/2013 11:55 AM .
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Senator Bradley moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (1), (2), and (3) of section 95.18,
6 Florida Statutes, are amended, and subsections (9) and (10) are
7 added to that section, to read:
8 95.18 Real property actions; adverse possession without
9 color of title.—
10 (1) When the possessor occupant has, or those under whom
11 the occupant claims have, been in actual continued possession
12 occupation of real property for 7 years under a claim of title
13 exclusive of any other right, but not founded on a written
14 instrument, judgment, or decree, or when those under whom the
15 possessor claims meet these criteria, the property actually
16 possessed occupied is held adversely if the person claiming
17 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 within 1 year
21 after entering into possession;
22 (b) Made a return, as required under subsection (3), of the
23 property by proper legal description to the property appraiser
24 of the county where it is located within 30 days 1 year after
25 complying with paragraph (a) entering into possession and;
26 (c) Has subsequently paid, subject to s. 197.3335, all
27 taxes and matured installments of special improvement liens
28 levied against the property by the state, county, and
29 municipality for all remaining years necessary to establish a
30 claim of adverse possession.
31 (2) For the purpose of this section, property is deemed to
32 be possessed if the property has been:
33 (a) Protected by substantial enclosure; or
34 (b) Cultivated, maintained, or improved in a usual manner;
35 or
36 (c) Occupied and maintained.
37 (3) A person claiming adverse possession under this section
38 must make a return of the property by providing to the property
39 appraiser a uniform return on a form provided by the Department
40 of Revenue. The return must include all of the following:
41 (a) The name and address of the person claiming adverse
42 possession.
43 (b) The date that the person claiming adverse possession
44 entered into possession of the property.
45 (c) A full and complete legal description of the property
46 that is subject to the adverse possession claim.
47 (d) A notarized attestation clause that states:
48
49 UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ
50 THE FOREGOING RETURN AND THAT THE FACTS STATED IN IT
51 ARE TRUE AND CORRECT. I FURTHER ACKNOWLEDGE THAT THE
52 RETURN DOES NOT CREATE ANY INTEREST ENFORCEABLE BY LAW
53 IN THE DESCRIBED PROPERTY.
54
55 (e) A description of the use of the property by the person
56 claiming adverse possession.
57 (f) A receipt to be completed by the property appraiser.
58 (g) Dates of payment by the possessor of all outstanding
59 taxes and matured installments of special improvement liens
60 levied against the property by the state, county, or
61 municipality under paragraph (1)(a).
62 (h) The following notice provision at the top of the first
63 page, printed in at least 12-point uppercase and boldfaced type:
64
65 THIS RETURN DOES NOT CREATE ANY INTEREST ENFORCEABLE
66 BY LAW IN THE DESCRIBED PROPERTY.
67
68 The property appraiser shall refuse to accept a return if it
69 does not comply with this subsection. The executive director of
70 the Department of Revenue is authorized, and all conditions are
71 deemed met, to adopt emergency rules under ss. 120.536(1) and
72 120.54(4) for the purpose of implementing this subsection. The
73 emergency rules shall remain in effect for 6 months after
74 adoption and may be renewed during the pendency of procedures to
75 adopt rules addressing the subject of the emergency rules.
76 (9) A person who occupies or attempts to occupy a
77 residential structure solely by claim of adverse possession
78 under this section commits trespass under s. 810.08.
79 (10) A person who occupies or attempts to occupy a
80 residential structure solely by claim of adverse possession
81 under this section and offers the property for lease to another
82 commits theft under s. 812.014.
83 Section 2. Subsection (1) of section 197.3335, Florida
84 Statutes, is amended to read:
85 197.3335 Tax payments when property is subject to adverse
86 possession; refunds.—
87 (1) Upon the receipt of a subsequent payment for the same
88 annual tax assessment for a particular parcel of property, the
89 tax collector must determine whether an adverse possession
90 return has been submitted on the particular parcel. If an
91 adverse possession return has been submitted, or is submitted
92 within 30 days of the earlier payment, the tax collector must
93 comply with subsection (2).
94 Section 3. This act shall take effect July 1, 2013.
95
96 ================= T I T L E A M E N D M E N T ================
97 And the title is amended as follows:
98 Delete everything before the enacting clause
99 and insert:
100 A bill to be entitled
101 An act relating to adverse possession; amending s.
102 95.18, F.S.; revising terminology; requiring certain
103 conditions to be met before real property is legally
104 adversely possessed without color of title; requiring
105 a person claiming adverse possession to make a return
106 of the property by providing the return to the
107 property appraiser using a uniform return; specifying
108 the contents of the return; requiring the return to
109 contain a notice; providing criminal penalties;
110 amending s. 197.3335, F.S.; revising provisions to
111 conform to changes made by the act; providing an
112 effective date.