EFTA00724207.pdf

Limn Ch. 95 MUTATIONS OF ACTIONS; ADVERSE POSSESSION F.S. An action to recoveemplo r Pubb expire 20 years after the last date the tax may be (4) If administrative or judicial proceedings tee officer or tax assessment or collection are initialed I, by a public assessed, after the tax becomes delinquent, or after review of the employee, and obtainer the filing of a tax warrant, whichever is later. An action by a taxpayer within the period limitati prescrib of on ed .sjer or or emr g of the period shall be roped i. .- . Of her public office to a p to collect any tax enumerated ins. 72.011 may not be in this section, the runnin An action for injury strative commenced after the expiration of the lien securing the during the pendency of the proceeding. Admini n, distributue payment of the tax. procee dings shall Include taxpay er protest proceed . not perma nent (2) If no lien to secure the payment of a tax is pro- Inge Initiated under s.&213.21 and department rules, iiee tti rry that is real property, in mem—. 20. ch. 74-38Z 37. ch. 26442; & 49. ch. 87-6; ss. Met ,L,t 4ipVernent to vided by law, no action may be begun to collect. he tax 87.101; & 4. ch. WM: & 19, ch. 92-315; & 25.ch.1)4453; & 1. Oh %22i1 after 5 years from the date the tax is assess ed or le. ch. 2000-12.1. t 2. 11. 2000365; S. 1. to 2001.211; t 1. ciN 2026.220. nwAAni edi a e s rty7o gai ce trespatee: or ndeci n ilI Qu ; ' cil ...! 7_.,e.a 1 pAil An de becomes delinqu ent, whiche ver is later. action for taking, (3)(a) With the exception of taxes levied under 95.10 Cause of action arising In another state.— t. lie An chapter 198 and tax adjustments made pursuant to ss. When the cause of action arose in another state or terri- action to recover ere 220.23 and 624.50921, the Department of Revenue tory of the United States, or in a foreign country, and is equitable may determine and assess the amount of any tax, pen- laws forbid the maintenance of the action because d fie) A legal or equitable acti alty, or interest due under any tax enumerated in s. lapse of time, no action shall be maintained in ees ee", or liability not founderd c 72.011 which It has authority to administer and the state. the sali sional Regula tion rustee— s. ra,d1 1039.167 2, GS me; GS 1726; nos MO: oat 4e6t eluding an action for , and Department of Busine ss and Profes merch andise ch. 74.382. 'iires, and apa. ct t4Oa.eetk may determine and assess the amount of any tax, pen- (eoinoinortAon,:n.pev.amocteivionis4hatsilrescind tlihi: ec:h t alty, or Interes due under any tax enume rated in s. 95.11 Limitations other than for the recovery of .1m) An action fothat for Money r 72.011 which it has authority to administer: than for ry of real mistak e or inadvi real property.—Action s other recove lithority by 1.a. For taxes due before July 1, 1999, within 5 property shall be commenced as follows: for a statue due, any return with An) An action years after the date the tax Is (1) WITHIN TWEN TY YEARS .—An action on a ous t(o) pAronseacc utitioonir, respect to the tax is due, or such return is filed, which- judgment or decree of a court of record in this state. malicious ever occurs later, and for taxes due on or after July 1, YEARS .— t,moraactn ioynoathel legr Intenta (2) WITHIN FIVE tijmen30 1999, within 3 years after the date the tax is due, any (a) An action on a judgment or decree of any cote,. ileed in subsec tions (4). (5). return with respect to the tax is due, or such return Is not of record, of this-state or any court of the United Any action Net speed filed, whichever occurs later; States, any other state or territory In the United States, des. b. Effective July 1, 2002, notwithstanding sub- or a foreign country. subparagraph a., within 3 years after the date the tax is (b) A legal or equitable action on a contract, obliga- due, any return with respect to the tax is due, or such tion, or liability founded on a written instrument, exoecr •-• ) WITHI N TWO YEAF return Is filed, whichever occurs later; liana)meAs icaeletmiow npriOarcticeprof, ye due before July 1, 1999, within 6 for an action to enforce a claim against a payment 2. For taxes bond, which shall be governed by the applicable provi- years after the date the taxpayer either makes a sub- that se. 255.05(10) and 713.23(1X9). startle; underpayment of tax, or files a substantially sions ofAn to foreclose a mortgage. -trom the time the cause e (c) action been discov incorrect return; should have 3. At any time while the right to a refund Of credit (d) An action alleging a willful violation of e io. e Hom nal w a e vev rar, th;li: co 448.110. proiess eagenc of the tax is available to the taxpayer; YEARS .— 4. For taxes due before July 1, 1999, at any time (3) WITHI N FOUR the protofe ith action med r ss ioni. action founde d on neglige nce. volt)y wm after the taxpayer has filed a grossly false return; (a) An pater• 5. At any time after the taxpayer has felled to make (b) An action relating to the determination of tented within 2 years fro nity, with the time runnin g from the date the cold occum any required payme nt of the tax, has failed to file a eto the action required return, or has filed a fraudulent return, except reaches the age of majority. , plannin g, or that for taxes due on or after July 1, 1999, the limitation (c) An action founded on the design esse frn cove thereinciddxtheisetiewn if the taxpay er constru ction of an improv ement to real property, with prescribed In subparagraph 1. applies sion by has disclosed in writing the tax liability to the depart- the time running from the date of actual nneeee certificate of vath re ars from ment before the department has contac ted the tax- the owner , the date of the issuan ce of a payer; or 6. In any case In which there tax erroneously made for any reason: has been a refund of occupancy, the date of abandonment of construction if not comple ted, or the date of comple of the contract between the professional engineer. tion or termina tion rag' 4..year period shall not t otalciaiomrilnor for m onedi oc ra blemtoraetr or het ton or in contract for d a. For refunds made before July 1, 1999, within 5 istered architect, or licensed contractor and his when years after making such refund; and employer, whichever date latest; is except that, from injury, or monetary loss b. For refunds made on or after July 1, 1999, the action involves a latent defect, the time runs been medical, within 3 years after making such refund, the time the defect Is discovered or should have care ID adneynplarlOvici:u( In any discovered with the exercise of due diligence. or at any time after making such refund if It appears that event, the action must be commenced within 10 years tie;k3nhscawirethvinothideisrsauir adi any part of the refund was induced by fraud or the mis- after the date of actual possession by the owner, the 'rider of health care. I representation of a material fact. date of the issuance of a certificate of occupa ncy. " Paragraph in which it c (b) For the purpose of this paragraph, a tax return of abandonment of construction if not contract comple ted. 'tient or intentional mi flied before the last day prescribed by law, including date ation of the the. discove ry date of completion or termin any extension thereof, shall be deemed to have been or the sional engine er, registe red ora r. fi.xtended onva ,_ ordi th2ey filed on such last day, and payments made prior to the betwee n the profes ctor and his or her emploY er, last day prescribed by taw shall be deemed to have tect, or licensed contra •exe :;? !*ccv rciseeorteduoer cistillidtgr been paid on such last day. whichever date Is latest. 798 EFTA00724207  LIMITATIONS OF ACTIONS; ADVERSE POSSESSION Ch. 95 f5. 2009 An action to recover public money or property years from the date the incident giving rise to the Injury that this 7-year period shall riot bar an (p)by a public officer or employee, or former public occurred, except hid dicer or employee, and obtained during, or as a result action brought on behalf of a minor on or before the or her public office or employment. child's eighth birthday. This paragraph shall not apply st, his 766.301-766.316 provide the to a person founded on the to actions for which as. I (e) An action for injury j design, manufacture, distribution, or sale of personal exclusive remedy. ; property that is not permanently incorporated in an (c) An action to recover wages or overtime or dam- ages or penalties concerning payment of wages and j oprovement to real property, including fixtures. (f) An action founded on a statutory liability. overtime. (g) An action for trespass on real property. (d) An action for wrongful death. ; (h) An action for taking, detaining, or injuring per- (e) An action founded upon a violation of any provi- sonal property. sion of chapter 517, with the period running from the of action were dis- (i) An action to recover specific personal property. time the facts giving rise to the cause with the exer- (j) A legal or equitable action founded on fraud. covered or should have been discovered than 5 years from (k) A legal or equitable action on a contract, oblige- cise of due diligence, but not more ern, or liability not founded on a written instrument, the date such violation occurred. including an action for the sale and delivery of goods, (0 An action for personal Injury caused by contact wares, and merchandise , and on store accounts. with or exposure to phenoxy herbicides while serving (I) An action to rescind a contract. either as a civilian or as a member of the Armed Forces January 1, 1962. (m) An action for money paid to any governmental of the United States during the period shall run Inadvertence . through May 7, 1975; the period of limitations authority by mistake or from the time the cause of action Is discovered or (n) An action for a statutory penalty or forfeiture. of due (o) An action for assault, battery, false arrest, mali- should have been discovered with the exercise cious prosecution, malicious interference, false impris- diligence. onment, or any other intentional tort. except as pro- (g) An action for libel Of slander. vided ii subsections (4), (5), and (7). (5) WITHIN ONE YEAR.— (p) Any action not specifically provided for in these (a) An action for specific performance of a contract. Mutes. (b) An action to enforce an equitable lien arising for the (q) An action alleging a violation, other than a willful from the furnishing of labor, services, or material Notation, of s. 448.110. improvement of real property. (4) WITHIN TWO YEARS.— (c) An action to enforce rights under the Uniform 675. (a) An action for professional malpractice, other Commercial Code—Letters of Credit, chapter than medical malpractice, whether founded on contract (d) An action against any guaranty association and date of the er tort provided that the period of limitations shall run its insured, with the period running from the from the time the cause of action is discovered or deadline for filing claims in the order of liquidation. should have been discovered with the exercise of due (e) An action to enforce any claim against a pay- diligence. However, the limitation of actions herein for ment bond on which the principal is a contractor, sub- Professional malpractice shall be limited to persons In contractor, or sub-subcontractor as defined in s. Privily with the professional. 713.01, for private work as well as public work, from the (b) An action for medical malpractice shall be com- last furnishing of labor, services, or materials or from menced within 2 years from the time the incident giving the last furnishing of labor, services, or materials by the rise to the action occurred or within 2 years from the contractor if the contractor is the principal on a bond on fare the incident Is discovered, or should have been the same construction project, whichever is later. discovered with the exercise of due diligence; however, (f) Except for actions described in subsection (8), n no event shall the action be commenced later than 4 a petition for extraordinary writ, other than a petition Years from the date of the incident or occurrence out of challenging a criminal conviction, filed by or on behalf which the cause of action accrued, except that this of a prisoner as defined In s. 57.085. 4-Year Period shall not bar an action brought on behalf (g) Except for actions described In subsection (8), of a minor on or before the child's eighth birthday. An an action brought by or on behalf of a prisoner, as 'action for medical malpractice* is defined as a claim in defined in S. 57.085, relating to the conditions of the tort or in contract for damages because of the death, prisoner's confinement. eliolY, or monetary loss to any person arising out of any (6) LACHES.—Laches shall bar any action unless „rneckel, dental, or surgical diagnosis, treatment, or it is commenced within the time provided for legal by any provider of health care. The limitation of actions concerning the same subject matter regardless within this subsection shall be limited to the of lack of knowledge by the person sought to be held lea . . Ith care provider andpersons in privity with the liable that the person alleging liability would assert his of health care. In those actions covered by this this or her rights and whether the person sought to be held 4I creldi in which It can be shown that fraud, conceal- liable is injured or prejudiced by the delay. This subsec- Pparagraph iii è :intentional misrepresentation of fact prevented tion shall not affect application of lashes at an earlier exi,ceeery of the injury the period of limitations Is time In accordance with law. - "eel forward2 years from the time that the injury (7) FOR INTENTIONAL TORTS BASED ON ed or should have been discovered with the ABUSE.—An action founded on alleged abuse, as ee; 'cise of due diligence, but in no event to exceed 7 defined in s. 39.01, s. 415.102, ors. 984.03. or incest, 799 EFTA00724208  Ch. 95 LIMITATIONS OF ACTIONS: ADVERSE POSSESSION F..5.2009 F.s 2009 as defined in s. 826.04, may be commenced at any defense to an action founded on the title to real exclusive of any time within 7 years after the age of majority, or within 4 erty, or to rents or service from it, shall be maintain-I d tan instalment, jt years after the injured person leaves the dependency unless: thy occupied st (1) The person prosecuting the action or rnekny, darning advers of the abuser, or within 4 years from the time of discov- „warty by pro ery by the injured party of both the injury and the causal the defense, or under whose title the action is tuned or the defense is made, or the ancestor, weds. rappraiser of the relationship between the injury and the abuse, which- alter entering in ever occurs later. cessor, or grantor of the person, was seized or pos. sassed of the real property within 7 years before corn. paid all taxes ; (8) WITHIN 30 DAYS FOR ACTIONS CHALLENG- ipprovement Ile ING CORRECTIONAL DISCIPLINARY PROCEED- mencement of the action; or sage, county, ar INGS.—Any court action challenging prisoner disciplin- (2) Title to the real property was derived from the (2) Forthep ary proceedings conducted by the Department of Cor- United States or the state within 7 years before corn, denied to be p rections pursuant to s. 944.28(2) must be commenced mencement of the action. The time under this subseo (a) When It within 30 days after final disposition of the prisoner lion shall not begin to run until the conveyance of the enclosure. disciplinary proceedings through the administrative title from the state or the United States. (b) When I Westayris. 3, ott 1869.1872; RS 1286; 65171919es 2933: cat ass% grievance process under chapter 33, Florida Adminis- di. 74-362. IISmved. trative Code. Any action challenging prisoner disciplin- iy.--•. 7. CR 14 its co.tese: s. 1, e ary proceedngs shall be barred by the court unless it is 95.16 Real property actions; adverse possession ch. 95-147. commenced within the time period provided by this sec- under color of tide.— tion. (1) When the occupant, or those under whom the .5.191 LIMB HIsfory.--• 16 et Met IBM 6.1. ch. 3900, 11199; FLS 1294; 081726; & 10, resslon.—Whe <07303.1919; SIGS 2939; CGL46(et s. 1,& 21,a2, 19114.7.ch. 24337.1947; occupant claims, entered into possession of real prop- t, possessi 8.24. dt 574; & t. dt 80-19t s. 1. est 67464; s. I. ch. 71.254; s, 30.0. ism erty under a claim of title exclusive of any other right, dual no ac 6.1. di. 7408Z e. 7, di 754, • 1. St 77-174; s. ch. 71-435; • 1, dl. 8032E tax deed, s.34, s. 1. MEW-13;0.1.dt 13543; & 13303h.88-2204.1. ch.136431; founding the claim on a written instrument as being a shall be rr s. I, eh 46-27t s, 1. ch 66.307. it 20. s:Fo 90.10% & I. ch. 92-102. • 620. dt conveyance of the property, or on a decree or judg- arty 96-147; S. 2. dt 95-28t s. 96-196: & t. dt 90167; S.15. ch. 96-260 • 2. adverse claim; 996: & 12. di_ 09-137; • 2. dt 2001.211; • 15. & 2006-23t S. I. at ment, and has for 7 years been in continued posses- begun within 4 2035-35t I. 1, ch. 20:43-145 sion of the property included In the instrument, decree, has gone Into served or judgment, the property is held adversely. If the prop- erly is adverse 95.111 Limitations after death of a person erty is divided Into lots, the possession of one lot shall stall be broug by publication.—In all suits or actions when a decree not be deemed a possession of any other lot of the pro confesso or default was duly entered against a rction is begun same tract. Adverse possession commencing after ils10114-3- Si defendant on whom constructive service was duly December 31, 1945, shall not be deemed adverse pos- 312407.1927; CC* obtained and the defendant died after the entry of the session under color of title until the instrument upon 41, d1, 77.174. 1141/4.--FOrmet Is.' decree pro confesso or default and before the entry of which the claim of title Is founded is recorded in the final decree or judgment, and the death was not sug- office of the clerk of the circuit court of the county where 95.192 Um gested to the court before the entry of the final decree the property is located. (1) When a or judgment, the final decree or judgment shall be bind- (2) For the purpose of this section, properly is under s. 197.5! ing and conclusive against persons claiming under the deemed possessed in any of the following cases: by the former deceased defendant 1 year after its date ds if the death (a) When It has been usually cultivated or eider the form had been suggested and the suit or action revived or improved. (2) When continued against the proper parties. (b) When It has been protected by a substantial tempting to c 1. di. 11990,1927; COL 4947, e. 46. ch. 67-254,1 at ch. 74662, been issued If Note.—Forma & SLOB. enclosure. Al land protected by the enclosure must be conveyance Ix) included within the description of the property in the United States 95.12 Real property actions.—No action to recover written instrument, judgment, or decree. If only a por- or its possession shall be maintained included he person to real property tion of the land protected by the enclosure is claimant uncle unless the person seeking recovery or the person's within the description of the property in the written ancestor, predecessor, or grantor was seized or pos- instrument, judgment, or decree, only that portion is t claimant un the com- axes for 4 six sessed of the property within 7 years before deemed possessed. mencement of the action. been used ante of the (c) When, although not enclosed, It has grantee, and Ifsslost—s. 2. eh- 1859,157E 051287.6317ft RGS 2932 CGL 4652 s. 8, ch. 74-362; 5.621. dt 95-147 for the supply of fuel or fencing timber for husbandry or Santee shall for the ordinary use of the occupant. property and 95.13 Real property actions; possession by legal (d) When a known lot or single farm has been partly ;Joh abando owner presumed.—In every action to recover real improved, the part that has not been cleared or claimant uncle property or its possession, the person establishing enclosed according to the usual custom of the county d the propert legal title to the property shall be presumed to have is to be considered as occupied for the same length of (3) This been possessed of it within the time prescribed by law. time as the part improved or cultivated. 1. grantee or am FIGS 2935; CGL 4(dt s. The occupation of the property by any other person ch.19253. 1959; 5. th.1869. 1974 G51293; GS 1721. s 1. eh 220)7.1945.n 11.12. eh 74.352; s. 1, di 77.47k s teen in actue shall be in subordination to the legal title unless the 1, St 877104; tt. 522, ch. 95-14! he tax deed property was possessed adversely to the legal title for property in It 7 years before the commencement of the action. 95.18 Real property actions; adverse possession Ind the legal History,-s. 4. eh_ 1869. 1972. 85 1289. GS 1720; RGS 2931; C01.4664. & 9, without color of title.— dt 74442. continues in e (1) When the occupant or those under whom the to tax deed occu- 95.14 Real property actions; limitation upon occupant claims have been in actual continued tegun, sober action founded upon title.—No cause of action or pation of real property for 7 years under a claim of de 11141ory.—S, 27.. 800 EFTA00724209