| 1 | A bill to be entitled |
| 2 | An act relating to adverse possession; amending s. 95.18, |
| 3 | F.S.; requiring a person seeking property by adverse |
| 4 | possession to send to the property owner of record a copy |
| 5 | of the return filed with the property appraiser; requiring |
| 6 | the property appraiser to cancel the return if the person |
| 7 | does not submit proof of the mailing; providing an |
| 8 | exception; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 95.18, Florida Statutes, is amended to |
| 13 | read: |
| 14 | 95.18 Real property actions; adverse possession without |
| 15 | color of title.- |
| 16 | (1) When the occupant or those under whom the occupant |
| 17 | claims have been in actual continued occupation of real property |
| 18 | for 7 years under a claim of title exclusive of any other right, |
| 19 | but not founded on a written instrument, judgment, or decree, |
| 20 | the property actually occupied shall be held adversely if the |
| 21 | person claiming adverse possession made a return of the property |
| 22 | by proper legal description to the property appraiser of the |
| 23 | county where it is located within 1 year after entering into |
| 24 | possession and has subsequently paid all taxes and matured |
| 25 | installments of special improvement liens levied against the |
| 26 | property by the state, county, and municipality. |
| 27 | (2) For the purpose of this section, property shall be |
| 28 | deemed to be possessed in the following cases only: |
| 29 | (a) When it has been protected by substantial enclosure. |
| 30 | (b) When it has been usually cultivated or improved. |
| 31 | (3) A person claiming adverse possession under this |
| 32 | section must send, via certified mail, to the owner of record of |
| 33 | the property, as identified by the records of the property |
| 34 | appraiser, a copy of the return filed with the property |
| 35 | appraiser and must submit proof of the mailing to the property |
| 36 | appraiser. If the property appraiser does not receive proof of |
| 37 | the mailing within 15 business days after the filing of the |
| 38 | return, the property appraiser shall cancel the return and |
| 39 | remove the person from the tax roll related to the property that |
| 40 | is the subject of the return. This section does not apply if an |
| 41 | owner of record cannot be ascertained in the records of the |
| 42 | property appraiser and located by reasonable means. |
| 43 | Section 2. This act shall take effect July 1, 2010. |