May 26, 2020
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HB 887

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

CODING: Words stricken are deletions; words underlined are additions.
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