October 27, 2020
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       Florida Senate - 2010                                     SB 292
       
       
       
       By Senator Dockery
       
       
       
       
       15-00429-10                                            2010292__
    1                        A bill to be entitled                      
    2         An act relating to adverse possession; amending s.
    3         95.18, F.S.; requiring a person seeking property by
    4         adverse possession to send to the property owner of
    5         record a copy of the return filed with the property
    6         appraiser; requiring the property appraiser to cancel
    7         the return if the person does not submit proof of the
    8         mailing; providing an exception; providing an
    9         effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 95.18, Florida Statutes, is amended to
   14  read:
   15         95.18 Real property actions; adverse possession without
   16  color of title.—
   17         (1) When the occupant or those under whom the occupant
   18  claims have been in actual continued occupation of real property
   19  for 7 years under a claim of title exclusive of any other right,
   20  but not founded on a written instrument, judgment, or decree,
   21  the property actually occupied shall be held adversely if the
   22  person claiming adverse possession made a return of the property
   23  by proper legal description to the property appraiser of the
   24  county where it is located within 1 year after entering into
   25  possession and has subsequently paid all taxes and matured
   26  installments of special improvement liens levied against the
   27  property by the state, county, and municipality.
   28         (2) For the purpose of this section, property shall be
   29  deemed to be possessed in the following cases only:
   30         (a) When it has been protected by substantial enclosure.
   31         (b) When it has been usually cultivated or improved.
   32         (3) A person claiming adverse possession under this section
   33  must send, via certified mail, to the owner of record of the
   34  property, as identified by the records of the property
   35  appraiser, a copy of the return filed with the property
   36  appraiser and must submit proof of the mailing to the property
   37  appraiser. If the property appraiser does not receive proof of
   38  the mailing within 15 business days after the filing of the
   39  return, the property appraiser shall cancel the return and
   40  remove the person from the tax roll related to the property that
   41  is the subject of the return. This section does not apply if an
   42  owner of record cannot be ascertained in the records of the
   43  property appraiser and located by reasonable means.
   44         Section 2. This act shall take effect July 1, 2010.

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