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“Ask Lori…Parrish on Appraisal”

Broward County Property Appraiser Lori Parrish Answers Your Questions…

“Adverse Possession Reform Passes Florida Legislature”

Dear Lori:

We are interested in knowing about the status of efforts to reform the adverse possession law in Florida.  We think it’s wrong to allow squatters to occupy property they do not own! What can we do to help?

D.W., Miramar, FL

Adverse possession is a method of acquiring title to real property by possession of such property for a statutorily defined period of time.  It may be accomplished by possession with color of title (some documents that show ownership), or without color of title (without a deed or recorded instrument). To acquire adverse possession without color of title, a claimant must openly possess the real property, must maintain and occupy the land, and must file a return with the county property appraiser.

As a result of all our foreclosures, a glut of vacant homes has increased the opportunity for “squatters”, who are fraudulently abusing this archaic Florida law. These squatters are breaking the law by illegally occupying foreclosed homes.  There have been instances where these foreclosed homes were rented to unsuspecting tenants. Compounding the problem is law enforcement viewing “squatters” as a civil issue – not a criminal trespass issue!

Our office asked the Broward County State Legislative Delegation for their help.  Just this week, the Florida Legislature passed SB 1166 (Bradley) & CS/HB 903 (Davis/Waldman) to reform the adverse possession law of Florida.  This bi-partisan effort reforms this sixteenth century doctrine and gives local government the means to stop this abuse.  The bill tightens the actual possession requirements;  it requires the “possessor” to have paid all outstanding taxes and liens against the property by the state, county, and municipality within 1 year after entering into the possession.  It also makes it clear abuse of adverse possession is criminal trespass and offering the property for lease to another commits criminal theft.

The bill awaits the Governor’s approval.  You can help by contacting the Governor and ask him to approve CS/HB 903.  The contact information is:  Office of the Governor, State of Florida – The Capital, 400 S Monroe Street, Tallahassee, Florida 32399-0001.  You may also call the office at (850) 488-7146 or email the Governor at http://www.flgov.com/gov-scott/ .  Thank you to Senator Jeremy Ring and State Representatives Jim Waldman, Gwyndolen Clarke-Reed, Joe Gibbons, and Rick Stark for co-sponsoring this important reform measure.

Sincerely,

Lori Parrish, CFA

If you have a question for Lori, please email her at lori@bcpa.net or write to her at the Broward County Property Appraiser’s Office, 115 South Andrews Avenue, Room 111, and Fort Lauderdale, FL 33301.  (5/13)

Robert L. Wolfe, Jr. CFE
Community Outreach Specialist II
954.357.6871 – office
954.357.8474 – fax
954.445.5732 – cell

rwolfe@bcpa.net

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