Florida Senate - 2013 CS for SB 1166
By the Committee on Judiciary; and Senator Bradley
590-04344-13 20131166c1
1 A bill to be entitled
2 An act relating to adverse possession; amending s.
3 95.18, F.S.; revising terminology; requiring certain
4 conditions to be met before real property is legally
5 adversely possessed without color of title; requiring
6 a person claiming adverse possession to make a return
7 of the property by providing the return to the
8 property appraiser using a uniform return; specifying
9 the contents of the return; requiring the return to
10 contain a notice; providing criminal penalties;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsections (1) and (3) of section 95.18,
16 Florida Statutes, are amended, and subsection (9) is added to
17 that section, to read:
18 95.18 Real property actions; adverse possession without
19 color of title.—
20 (1) When the occupant has, or those under whom the occupant
21 claims have, been in actual continued possession occupation of
22 real property for 7 years under a claim of title exclusive of
23 any other right in a manner consistent with subsection (9), but
24 not founded on a written instrument, judgment, or decree, or
25 when those under whom the occupant claims meet these criteria,
26 the property actually possessed occupied is held adversely if
27 the person claiming adverse possession:
28 (a) Paid, subject to s. 197.3335, all taxes and matured
29 installments of special improvement liens levied against the
30 property by the state, county, and municipality for at least 2
31 consecutive years prior to making a return described in
32 subsection (3); and
33 (b) Promptly made a return, as required under subsection
34 (3), of the property by proper legal description to the property
35 appraiser of the county where it is located within 1 year after
36 complying with paragraph (a) entering into possession and has
37 subsequently paid, subject to s. 197.3335, all taxes and matured
38 installments of special improvement liens levied against the
39 property by the state, county, and municipality.
40 (3) A person claiming adverse possession under this section
41 must make a return of the property by providing to the property
42 appraiser a uniform return on a form provided by the Department
43 of Revenue. The return must include all of the following:
44 (a) The name and address of the person claiming adverse
45 possession.
46 (b) The date that the person claiming adverse possession
47 entered into possession of the property.
48 (c) A full and complete legal description of the property
49 that is subject to the adverse possession claim.
50 (d) A notarized attestation clause that states:
51
52 UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ
53 THE FOREGOING RETURN AND THAT THE FACTS STATED IN IT
54 ARE TRUE AND CORRECT.
55
56 (e) A description of the use of the property by the person
57 claiming adverse possession.
58 (f) A receipt to be completed by the property appraiser.
59 (g) Dates of payment of the annual tax assessments for the
60 property subject to the adverse possession claim for at least 2
61 consecutive years preceding the making of the return.
62 (h) The following notice provision at the top of the first
63 page, printed in no less than 12 point, capitalized, boldfaced
64 type:
65
66 FILING THIS RETURN DOES NOT ENTITLE THE CLAIMANT TO
67 IMMEDIATE POSSESSION OR OWNERSHIP OF THE REAL PROPERTY
68 DESCRIBED BELOW. THIS RETURN DOES NOT OPERATE AS A
69 CLOUD ON TITLE AND MUST BE REFILED EVERY 3 MONTHS TO
70 REMAIN EFFECTIVE.
71
72 The property appraiser shall refuse to accept a return if it is
73 not the uniform return created by the Department of Revenue does
74 not comply with this subsection. The executive director of the
75 Department of Revenue is authorized, and all conditions are
76 deemed met, to adopt emergency rules under ss. 120.536(1) and
77 120.54(4) for the purpose of implementing this subsection. The
78 emergency rules shall remain in effect for 6 months after
79 adoption and may be renewed during the pendency of procedures to
80 adopt rules addressing the subject of the emergency rules.
81 (9) For purposes of computing the time periods specified in
82 subsection (1), no time shall be included for a “stay period,”
83 which, for purposes of this subsection, means the time during
84 which any real property sought to be adversely possessed is or
85 was subject to a pending action to foreclose a mortgage or to
86 foreclose a lien pursuant to chapter 718, chapter 719, chapter
87 720, or chapter 723.
88 (a) A person who occupies or attempts to occupy a
89 residential structure solely by claim of adverse possession
90 under this section after a stay period has commenced and while
91 it remains in effect commits trespass under s. 810.08.
92 (b) A person who occupies or attempts to occupy a
93 residential structure solely by claim of adverse possession
94 under this section after a stay period has commenced and while
95 it remains in effect and offers the property for lease to
96 another commits theft under s. 812.014.
97 Section 2. This act shall take effect July 1, 2013.