Florida Senate - 2013                                    SB 1166
       By Senator Bradley
       7-01177-13                                            20131166__
    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 provide to the
    7         property appraiser certain attestations from the owner
    8         of the property on a uniform return; providing an
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsections (1), (2), and (3) of section 95.18,
   14  Florida Statutes, are amended to read:
   15         95.18 Real property actions; adverse possession without
   16  color of title.—
   17         (1) When the adverse possessor occupant has, or those under
   18  whom the adverse possessor occupant claims have, been in actual
   19  continued control occupation of real property for 7 years under
   20  a claim of title exclusive of any other right, but not founded
   21  on a written instrument, judgment, or decree, the property, when
   22  actually controlled through maintenance or improvement of the
   23  exterior of any structure or the land, occupied is held
   24  adversely if the person claiming adverse possession made a
   25  return, as required under subsection (3), of the property by
   26  proper legal description to the property appraiser of the county
   27  where it is located within 1 year after entering into possession
   28  and has subsequently paid, subject to s. 197.3335, all taxes and
   29  matured installments of special improvement liens levied against
   30  the property by the state, county, and municipality, as well as
   31  all mortgages and liens upon the property. All municipal,
   32  county, and state taxes must have accrued against the property,
   33  without payment, for at least 2 years. A person or entity may
   34  not apply for adverse possession for more than one property in
   35  this state at the same time. The adverse possessor, or those
   36  persons under whom the possessor claims a possessory right, may
   37  not enter any structure on the possessed property until the end
   38  of the adverse possession period and after a deed has been
   39  issued to the possessor.
   40         (2) For the purpose of this section, property is deemed to
   41  be possessed if the property has been:
   42         (a) Protected by substantial enclosure;
   43         (b) Cultivated or improved in a usual manner; or
   44         (c) Maintained without entering any of the structures
   45  Occupied and maintained.
   46         (3) A person claiming adverse possession under this section
   47  must make a return of the property by providing to the property
   48  appraiser a uniform return on a form provided by the Department
   49  of Revenue. The return must include all of the following:
   50         (a) The name and address of the person claiming adverse
   51  possession.
   52         (b) The date that the person claiming adverse possession
   53  entered into controlled possession of the property.
   54         (c) A full and complete legal description of the property
   55  that is subject to the adverse possession claim.
   56         (d) A notarized attestation from the owner or entity
   57  currently listed as the owner affirming that the property is
   58  known to be adversely possessed. In order to assist the property
   59  appraiser in satisfying his or her legal obligations under
   60  subsection (4), the notarized attestation must include the
   61  owner’s current mailing address and telephone number.
   62         (e)(d) A notarized attestation clause that states:
   66  CORRECT.
   68         (f)(e) A description of the use of the property by the
   69  person claiming adverse possession.
   70         (g)(f) A receipt to be completed by the property appraiser.
   72  The property appraiser shall refuse to accept a return if it
   73  does not comply with this subsection. The executive director of
   74  the Department of Revenue is authorized, and all conditions are
   75  deemed met, to adopt emergency rules under ss. 120.536(1) and
   76  120.54(4) for the purpose of implementing this subsection. The
   77  emergency rules shall remain in effect for 6 months after
   78  adoption and may be renewed during the pendency of procedures to
   79  adopt rules addressing the subject of the emergency rules.
   80         Section 2. This act shall take effect July 1, 2013.