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FL S0804

Bill

Status

Introduced

11/8/2017

Primary Sponsor

Rules

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Creates a right of action for ejectment allowing persons with superior right to possession to recover real property through circuit courts, eliminating presuit notice requirements.

  • Redefines "forcible entry," "unlawful entry," and "unlawful detention" to apply to temporary possession or partial property, and adds new definitions for "real property" and "record titleholder."

  • Requires parties in ejectment actions to file chronological chain of title statements with complaint or answer, including copies of all referenced instruments and recording details.

  • Establishes that court determinations in possession cases are not conclusive in future trespass, ejectment, or quiet title actions, and may be superseded by subsequent judgments.

  • Creates procedures for governmental entities to establish recreational customary use on private beaches through formal notice, public hearing, and judicial declaration within 60 days, with burden of proof on the governmental entity.

Legislative Description

Possession of Real Property

Last Action

Laid on Table, refer to CS/HB 631

3/5/2018

Committee Referrals

Rules2/20/2018
Community Affairs1/11/2018
Judiciary11/17/2017

Full Bill Text

No bill text available