Bill Amendment: FL S1166 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Adverse Possession

Status: 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/HB 903 (Ch. 2013-246) [S1166 Detail]

Download: Florida-2013-S1166-Senate_Floor_Amendment_Delete_All_913990.html

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       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.