Florida Senate - 2010         (PROPOSED COMMITTEE BILL) SPB 7058
       
       
       
       FOR CONSIDERATION By the Committee on Judiciary
       
       
       
       
       590-01088A-10                                         20107058__
    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 use a uniform adverse possession
    5         return developed by the Department of Revenue;
    6         prescribing what information must be included in the
    7         adverse possession return; requiring a person claiming
    8         adverse possession to attest to the truthfulness of
    9         the information provided in the return under penalty
   10         of perjury; requiring that the person claiming adverse
   11         possession provide notice of the claim to the owner of
   12         record and provide proof of compliance with the notice
   13         requirement to the property appraiser; requiring that
   14         the property appraiser add certain information related
   15         to the adverse possession claim to the parcel
   16         information on the tax roll and prescribing conditions
   17         for removal of that information; requiring the
   18         property appraiser to include a notation of an adverse
   19         possession filing in any searchable property database
   20         maintained by the property appraiser; creating s.
   21         197.3335, F.S.; prescribing the method for a person
   22         claiming adverse possession to make a tax payment;
   23         providing for priority of tax payments made by an
   24         owner of record who is subject to an adverse
   25         possession claim; providing for a refund of tax
   26         payments under certain conditions; providing an
   27         effective date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 95.18, Florida Statutes, is amended to
   32  read:
   33         95.18 Real property actions; adverse possession without
   34  color of title.—
   35         (1) When the occupant has, or those under whom the occupant
   36  claims have, been in actual continued occupation of real
   37  property for 7 years under a claim of title exclusive of any
   38  other right, but not founded on a written instrument, judgment,
   39  or decree, the property actually occupied shall be held
   40  adversely if the person claiming adverse possession made a
   41  return, as required under subsection (3), of the property by
   42  proper legal description to the property appraiser of the county
   43  where it is located within 1 year after entering into possession
   44  and has subsequently paid, subject to s. 197.3335, all taxes and
   45  matured installments of special improvement liens levied against
   46  the property by the state, county, and municipality.
   47         (2) For the purpose of this section, property shall be
   48  deemed to be possessed in either of the following cases only:
   49         (a) When it has been protected by substantial enclosure.
   50         (b) When it has been usually cultivated or improved.
   51         (3) A person claiming adverse possession under this section
   52  must:
   53         (a) Make a return of the property as required under
   54  subsection (1) by providing to the property appraiser a uniform
   55  return developed by the Department of Revenue. The return must
   56  include: 
   57         1. The name and address of the person claiming adverse
   58  possession;
   59         2. The date that the person claiming adverse possession
   60  entered into possession of the property;
   61         3. A full and complete legal description of the property
   62  that is subject to the adverse possession claim;
   63         4. A notarized attestation clause that states:
   64         UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ
   65         THE FOREGOING RETURN AND THAT THE FACTS STATED IN IT
   66         ARE TRUE AND CORRECT.;
   67         5. A description of the use of the property by the person
   68  claiming adverse possession; and
   69         6. A receipt to be completed by the property appraiser upon
   70  submission of the proof of mailing by the person claiming
   71  adverse possession.
   72  
   73  The property appraiser shall refuse to accept a return if it
   74  does not comply with this subsection.
   75         (b) Send, via certified mail, a copy of the return to the
   76  owner of record of the property that is subject to the adverse
   77  possession claim, as identified by the property appraiser’s
   78  records.
   79         (c) Submit a copy of the proof of mailing of the return
   80  required under paragraph (b) to the property appraiser within 15
   81  business days after submitting the return to the property
   82  appraiser.
   83         1. Upon receipt of the proof of mailing from the person
   84  claiming adverse possession, the property appraiser shall add a
   85  notation to the first line of the legal description on the tax
   86  roll that an adverse possession claim has been filed, and may
   87  not add the name of the person claiming adverse possession as an
   88  owner on the tax roll. The property appraiser shall maintain the
   89  return in the property appraiser’s official records.
   90         2. If the property appraiser does not receive the proof of
   91  mailing within 15 business days after the person claiming
   92  adverse possession submits the return, the property appraiser:
   93         a. May not add a notation to the legal description on the
   94  tax roll that an adverse possession claim has been filed; and
   95         b. Shall remove the return from the property appraiser’s
   96  official records.
   97  
   98  Paragraphs (b) and (c) do not apply if an owner of record cannot
   99  be determined from a review of the property appraiser’s records
  100  or cannot otherwise be located by reasonable means.
  101         (4) A property appraiser shall remove the notation to the
  102  legal description on the tax roll that an adverse possession
  103  claim has been filed and shall remove the return from the
  104  property appraiser’s official records if:
  105         (a) The person claiming adverse possession notifies the
  106  property appraiser in writing that the adverse possession claim
  107  is withdrawn;
  108         (b) The owner of record provides a certified copy of a
  109  court order establishing title in the owner of record;
  110         (c) The property appraiser receives a deed transferring
  111  title of the subject property from the person claiming adverse
  112  possession to the owner of record; or
  113         (d) The owner of record submits to the property appraiser a
  114  receipt demonstrating that the owner of record has paid the
  115  annual tax assessment for the property subject to the adverse
  116  possession claim during the period that the person is claiming
  117  adverse possession.
  118         (5) The property appraiser shall include a clear and
  119  obvious notation in the parcel information of any public
  120  searchable property database maintained by the property
  121  appraiser that an adverse possession return has been submitted
  122  to the property appraiser for a particular parcel.
  123         Section 2. Section 197.3335, Florida Statutes, is created
  124  to read:
  125         197.3335 Tax payments when property is subject to adverse
  126  possession; refunds.—
  127         (1) When a person claiming adverse possession pays taxes
  128  and matured installments as required under s. 95.18 in person or
  129  by mail, the person must include with the tax payment a copy of
  130  the return that was submitted to the property appraiser. If the
  131  person claiming adverse possession pays the taxes and matured
  132  installments by electronic or other means, the person must, via
  133  regular mail, provide to the tax collector within 7 business
  134  days a copy of the return that was submitted to the property
  135  appraiser.
  136         (2) If a person claiming adverse possession under s. 95.18
  137  pays an annual tax assessment on a parcel of property that is
  138  subject to an adverse possession claim before the assessment is
  139  paid by the owner of record, and the owner of record
  140  subsequently makes a timely payment of that same annual tax
  141  assessment, the tax collector shall accept the payment made by
  142  the owner of record and refund within 60 days any payment made
  143  by the person claiming adverse possession. Such refunds do not
  144  require approval from the Department of Revenue.
  145         Section 3. This act shall take effect July 1, 2010.