Loading...
Backup Documents 01/23/2018 Item #11BCOUNTY BEACH ACCESS OVERVIEW AND OPTIONS OUR FOCUS TODAY Overview Current County Beach Sites and Amenities Overview Vehicle Parking Capacity and Utilization Consider Other Transportation Modes to/from Beaches A Look Ahead---The Next Steps OVERVIEW OF COUNTY BEACHES 427.7 Acres 7 Beach Park Facilities 9 Beach Access Points 1,662 Parking Spaces 1,193,734 Visitors Annually (FY 17) BAREFOOT BEACH ACCESS 5 Acres Picnic shelters Daily maintenance Wildlife proof trash containers 67 Parking spaces 36,252 Vehicles (FY 17) 87,005 Visitors (FY 17) BAREFOOT BEACH PRESERVE 345.60 Acres (159.60 County / 186.00 State Lands Managed by County) Natural barrier island beach governed by FCT land management plan Full-time Park Attendant and Full-time Park Ranger Guided canoe trips, launch, and marked canoe trail 1 mile loop nature trail with plant i.d. signs Environmental learning center with exhibits and seasonal lecture series Boardwalk, dune cross-overs, butterfly and cacti gardens, bike racks, and beach wheelchair 401 Parking spaces 135,542 Vehicles 325,525 Visitors VANDERBILT BEACH 5 Acres Preserve area with gopher tortoise habitat Parking garage, restroom facilities, foot-showers Beach concession, bike rack Full-time Park Attendant, Park Ranger Patrol, beach wheelchair, daily maintenance staff Wildlife proof trash containers 3-Story garage (340 parking spaces +21 on street) 146,431 Vehicles 351,430 Visitors (highest among beach parks) CLAM PASS 35 Acres ¾Mile boardwalk through estuary to the beach Shorebird and Natural Resource Protection Area (Clam Bay) Tram service to the beach Guided nature walks during season Restrooms, foot-showers, food and beach concessions Kayak launch, Park Ranger patrol Beach wheelchair, bike rack, wildlife proof trash receptacles CAT bus stop 171 Parking spaces 65,466 Vehicles 157,318 Visitors N. GULFSHORE DRIVE ACCESS POINTS Vanderbilt Beach Road to Bluebill Avenue 9 Access points on Gulfshore Drive (3) Have legal prohibitions regarding their use as drop off points for beach goers Walk-ways for public access between residences Bluebill--restrooms, drinking fountain, foot-showers, bike racks Some other sites have seating or bike racks Some have no amenities All receive daily maintenance No vehicle parking. Visitors use Conner Park (5 acres) to access Bluebill SEAGATE ACCESS 0.50 Acres Popular with walkers and bikers Park Ranger patrol Seating, bike rack, water fountain Daily maintenance Wildlife proof trash receptacles 38 Parking spaces 9,065 Vehicles 21,754 Visitors TIGERTAIL BEACH 31.60 Acres Listed on the Great Florida Birding Trail, tidal lagoon, critical wildlife habitat Park Attendant and Park Ranger Station Restrooms, foot-showers, bike racks, beach wheelchair Playground, b-b-q grills, picnic tables, restaurant/concession Wildlife lookout tower, butterfly garden 5 Dune crossovers 210 Parking spaces 65,751 Vehicles 158,077 Visitors SOUTH MARCO BEACH 5 Acres Direct Gulf access Restrooms, foot-shower, bike rack, seating Daily maintenance staff, Park Ranger patrol Wildlife proof trash receptacles 67 Parking spaces 30,359 Vehicles 72,859 Visitors OTHER BEACH ACCESS IDEAS CAT Fixed Bus Routes (year round and seasonal) Rider Services (various shapes and sizes) Water Taxis Bicycle Rentals to/from Key Beach Locations Community Engagement --Parks Master Plan Update WATER TAXI SERVICE BAREFOOT BEACH Barefoot Beach (via Cocohatchee River) Departs from central vehicle parking location (no parking fee) Purchase/lease property using developer contribution proceeds Operated by private concessionaire with % of revenue to General Fund Potential stop at Cocohatchee Park to pick up beachgoers Would need amenities (ADA access and dock) at end of the preserve Cost estimate for design, permitting, and installation of pier--$1,000,000 LEVERAGING RESOURCES WITHIN EXISTING BEACH PARKS Trolley from Caxambas Marina to South Marco Beach: Outsourced through local trolley service provider Visitors would park in vacant lot at Caxambas Marina Provide for 40 additional parking spaces Tigertail Beach to Sand Dollar Island Access—Boardwalk or Tram Service Install electric bike rental stations at various strategic points to the beach, i.e., Pelican Bay Community Park, Conner Park, Cocohatchee River Park, Clam Pass Park, Caxambas, and Vanderbilt Beach Garage Ride to... Wiggins Pass Bluebill beach access Other beach access points along Gulfshore Drive CLAM PASS Parking Structure: 300+ Additional Spaces Estimated Price Range: $ 7 –10 Million Southern Boardwalk Expansion: Boardwalk to Southern End of the Beach Estimated Price Range: $ 3 –4 Million PROPOSED SOUTHERN BOARDWALK CLAM PASS CONCEPT: South and West Extensions Restrooms Picnic Pavilion Area Observation Points WIGGINS PASS SITE MANAGEMENT Negotiate Agreement with State to Buy/Manage Site: Potential Improvements to Park Site: Increase beach parking spaces Improved manage vehicle traffic in/out of the facility Actively promote water taxi service landing STAFF RECOMMENDATIONS: INVESTIGATE AND REPORT BACK... Clam Pass Parking Structure and South Boardwalk Expansion Wiggins Pass Site Management Bring Forward Other Access Improvement Ideas Through Parks Master Plan Update n m y y -qp -'� •, .� fir• � s f,+:s, N C CO In 13 A 52 2 p m m m.n r r r kr, - � C #b N v.. vi � ^M r #:4 ',tea ' N A,4 I 1 • k3n S Ftp- ' > 4' 561. " f' es d Yj.' fQ.� �} 'gx.1, A, � yk f4 wlk z. JZS - $iv rl " �{, Y.d s ." "7. 71F ;rrr awl pve,, l‘k, ,.- r .i # sp, ' w*a "$+ 'MJF i fir # . . # .# 1 @' t �-e �,, i� d y,�a:� „ -� � A �� � s`a 3 t 4) x .R wroa} ..�. lll1Jt . t I tialia u, no i' £ � ” MLSk4 . , ..}. . annY.,,,„„..x . ,„ )•...enwTPt ERCINEERIHG c NSULTANTS o .ne.sa ax.a (TfYL[ E5PAS510N ' t.a:eEscarc«a�.+a ,,,, I.m�wmuruR.xr iun6xs;mwt[ aSusrx.Mtzx tcuu''` CLA: lGUPNCONCEPTUAL [ :dDRN� CHENPuq"" `.. „ 4 ! i II h. 4,1 iit- . \ i '' . • • 0 i Yid ., _ - --_ ., r ..7 y y�$• •f k 1 Nki• '1 -. ,..,---1 .i.,'1.1- -„,...stf.„-:-,::t.,.., -,....--:!-,- -,-_•,. -,,---• .• — _. _ . v icy ..-. c. .� y ,,m Vi o 42 T g ;:76.- Nbuii-Su 4%;--*--7-,;- J.`,.,'...! ..: :4_,' '''':11141-7"-.--44' a r ,.,:- t i. •t 4 ` `. i M t „°' 6 • s: � fi 5 4 , i ,.-3, Lit :''iw IRIgiam _._ a FN' IIrJFFriIr{C uwW. ` COLLEP COUNTY, COASTAL ZONE MANAGEMENT ••� •.. _ r------1"40:w. IPCrSULTANTS M1M.r10IM CO j 4 ---�^'1,4��� cLA►i PASS PAcIu1r EMaeksJok frrWii�' ��� 41�'rr' 11114°° ms • :Mrwc wa CONCEPTUAL PLAN i��W� a�© NMES�o'u"a arc '!'��" OVERALL SREPLAr •.+i .n..a•i-ui� raeo.r�,w r carr rw, r-rte i ren®„ .-. or.", Po. vn n 13313001 mores, A '-�r; I Pi Florida Senate - 2018 5181 13 By Senator Passidomo 28-00413A-18 2018804 1 A bill to be entitled 2 An act relating to the possession of real property; 3 amending s . 66. 021 . F.S . ; authorizing a person with a 4 superior right to possession of real property to 5 recover possession by ejectment; declaring that 6 circuit courts have exclusive jurisdiction; providing 7 that a plaintiff is not required to provide any 8 presuit notice or demand to a defendant; requiring 9 that copies of instruments be attached to a complaint 10 or answer under certain circumstances; requiring a 11 statement to list certain details; providing for 12 construction; amending s . 82 . 01, F. S. ; redefining the 13 terms "unlawful entry" and "forcible entry"; defining 14 the terms "real property, " "record titleholder, " and 15 "unlawful detention"; amending s . 82 . 02, F. S. ; 16 exempting possession of real property under part II of 17 ch. 83, F.S. , and under chs . 513 and 723, F. S . ; 18 amending s. 82 . 03, F. S. ; providing that a person 19 entitled to possession of real property has a cause of 20 action to regain possession from another person who 21 obtained possession of real property by forcible 22 entry, unlawful entry, or unlawful detainer; providing 23 that a person entitled to possession is not required 24 to give a defendant presuit notice; requiring the 25 court to award plaintiff extra damages if a defendant 26 acted in a willful and knowingly wrongful manner; 27 authorizing bifurcation of actions for possession and 28 damages; requiring that an action be brought by 29 summary procedure; requiring the court to advance the Page 1 of 13 CODING: Words otrickcn are deletions; words underlined are additions. Florida Senate - 2018 434013 28-00413A-18 2018804 30 cause on the calendar; renumbering and amending s . 31 82 . 045, F.S . ; conforming provisions to changes made by 32 the act; amending s . 82 . 04, F. S. ; requiring that the 33 court determine the right of possession and damages; 34 prohibiting the court from determining question of 35 title unless necessary; amending s. 82 . 05, F. S . ; 36 requiring that the summons and complaint be attached 37 to the real property after two unsuccessful attempts 38 to serve a defendant; requiring a plaintiff to provide 39 the clerk of the court with prestamped envelopes and 40 additional copies of the summons and complaint if the 41 defendant is served by attaching the summons and 42 complaint to the real property; requiring the clerk to 43 immediately mail copies of the summons and complaint 44 and note the fact of mailing in the docket; specifying 45 that service is effective on the date of posting or 46 mailing; requiring that 5 days elapse from the date of 47 service before the entry of a judgment; amending s . 48 82 . 091, F. S . ; providing requirements after a judgment 49 is entered for the plaintiff or the defendant; 50 amending s . 82 . 101, F.S . ; adding quiet title to the 51 types of future actions for which a judgment is not 52 conclusive as to certain facts; providing that the 53 judgment may be superseded by a subsequent judgment; 54 creating s . 704 . 09, F.S . ; requiring that a claim of 55 customary use for the public use of private property 56 be applied to a particular parcel; providing for 57 judicial determination of claims; repealing s . 82 . 061, 58 F. S . , relating to service of process; repealing s . Page 2 of 13 CODING: Words ctrickcn are deletions; words underlined are additions . 1B Florida Senate 2018 SAU4 28-00413A-18 2018804 59 82 . 071, F. S. , relating to evidence at trial as to 60 damages; repealing s. 82 . 081, F. S. , relating to trial 61 verdict forms; providing an effective date. 62 63 Be It Enacted by the Legislature of the State of Florida: 64 65 Section 1 . Section 66. 021, Florida Statutes, is amended to 66 read: 67 66. 021 Ejectment Proccdurc.- 68 (1) RIGHT OF ACTION.—A person with a superior right to 69 possession of real property may maintain an action of ejectment 70 to recover possession of the property. 71 (2) JURISDICTION.—Circuit courts have exclusive 72 jurisdiction in an action of ejectment . 73 (3) NOTICE.—A plaintiff may not be required to provide any 74 presuit notice or presuit demand to a defendant as a condition 75 to maintaining an action under this section. 76 (4) (1) LANDLORD NOT A DEFENDANT.—When it appears before 77 trial that a defendant in an action of ejectment is in 78 possession as a tenant and that his or her landlord is not a 79 party, the landlord must Shall be made a party before further 80 proceeding unless otherwise ordered by the court . 81 (5) (2) DEFENSE MAY BE LIMITED.—A defendant in an action of 82 ejectment may limit his or her defense to a part of the property 83 mentioned in the complaint, describing such part with reasonable 84 certainty. 85 (6) (3) WRIT OF POSSESSION; EXECUTION TO BE JOINT OR 86 SEVERAL.—When plaintiff recovers in an action of ejectment, he 87 or she may have one writ for possession and for,— damages and Page 3 of 13 CODING: Words stricken are deletions; words underlined are additions. 116. , Florida Senate - 2018 SB 804 28-00413A-18 2018804 88 costs or, at his or her election if thc plaintiff elects, may 89 have separate writs for possession and for damages and costs . 90 (7) (4) CHAIN OF TITLE.—The Plaintiff with his or hcr 91 complaint and the defendant with his or hcr answer must include 92 shall serve a statement setting forth, chronologically, the 93 chain of title upon which the party on which he or she will rely 94 at trial . Copies of each instrument identified in the statement 95 must be attached to the complaint or answer. If any part of thc 96 chain of title is recorded, The statement must include shall sct 97 forth the names of the grantors and the grantees, the date that 98 each instrument was recorded, and the book and page or the 99 instrument number for each recorded instrument of thc record 100 thereof; if an unrecorded instrument is relied on, a copy shall 101 bc attached. The court may require thc original to bc submitted 102 to thc opposite party for inspection. If a the party relies on a 103 claim or right without color of title, the statement must shall 104 specify how and when the claim originated and the facts on which 105 the claim is based. If defendant and plaintiff claim under a 106 common source, the statement need not deraign title before the 107 common source. 108 (8) (5) TESTING SUFFICIENCY.—If either party seeks wants to 109 test the legal sufficiency of any instrument or court proceeding 110 in the chain of title of the opposite party, the party must 111 shall do so before trial by motion setting up his or her 112 objections with a copy of the instrument or court proceedings 113 attached. The motion must shall be disposed of before trial . If 114 either party determines that he or she will be unable to 115 maintain his or her claim by reason of the order, that party may 116 so state in the record and final judgment shall be entered for Page 4 of 13 CODING: Words stricken are deletions; words underlined are additions . i 1 1 B Florida Senate - 2018 SB 804 28-00413A-18 2018804 117 the opposing oppo3itc party. 118 (9) OPERATION.—This section is cumulative to other existing 119 remedies and may not be construed to limit other remedies that 120 are available under the laws of this state. 121 Section 2 . Section 82 . 01, Florida Statutes, is amended to 122 read: 123 82 . 01 Definitions "Unlawful cntry and forciblc cntry" 124 dcfincd.—As used in this chapter, the term: 125 (1) "Forcible entry" means entering into and taking 126 possession of real property with force, in a manner that is not 127 peaceable, easy, or open, even if such entry is authorized by a 128 person entitled to possession of the real property and the 129 possession is only temporary or applies only to a portion of the 130 real property. 131 (2) "Real property" means land or any existing permanent or 132 temporary building or structure thereon, and any attachments 133 generally held out for the use of persons in possession of the 134 real property. 135 (3) "Record titleholder" means a person who holds title to 136 real property as evidenced by an instrument recorded in the 137 public records of the county in which the real property is 138 located. 139 (4) "Unlawful detention" means possessing real property, 140 even if the possession is temporary or applies only to a portion 141 of the real property, without the consent of a person entitled 142 to possession of the real property or after the withdrawal of 143 consent by such person. 144 (5) "Unlawful entry" means the entry into and possessing of 145 real property, even if the possession is temporary or for a Page 5 of 13 CODING: Words strickcn are deletions; words underlined are additions. ,-. A , 118 Florida Senate - 2018 SB 804 28-00413A-18 2018804 146 portion of the real property, when such entry is not authorized 147 by law or consented to by a person entitled to possession of the 148 real property - --••- - 149 except whcn entry is givcn by law, nor shall any person, whcn 150 entry is givcn by law, enter with strong hand or with multitude 151 of people, but only in a peaceable, asy and opcn 152 Section 3 . Section 82 . 02, Florida Statutes, is amended to 153 read: 154 82 . 02 Applicability "Unlawful entry and unlawful dctcntion" 155 dcfincd.- 156 (1) This chapter does not apply to residential tenancies 157 under part II of chapter 83 No person who enters without consent 158 in a pcaccablc, easy and opcn manner into any lands or tenements 159 shall hold thcm afterwards against the consent of the party 160 entitled to possession. 161 (2) This chapter does not apply to the possession of real 162 property under chapter 513 or chapter 723 This section shall not 163 apply with regard to residential tenancies. 164 Section 4 . Section 82 . 03, Florida Statutes, is amended to 165 read: 166 82 . 03 Remedies Rcmcdy for unlawful entry and forcible 167 entry.- 168 (1) A person entitled to possession of real property, 169 including constructive possession by a record titleholder, has a 170 cause of action against a person who obtained possession of that 171 real property by forcible entry, unlawful entry, or unlawful 172 detention and may recover possession and damages. The person 173 entitled to possession is not required to notify the prospective 174 defendant before filing the action. Page 6 of 13 CODING: Words stricken are deletions; words underlined are additions . art 1 1 B Florida Senate - 2018 SB 804 28-00413A-18 2018804 175 (2) If the court finds that the entry or detention by the 176 defendant is willful and knowingly wrongful, the court must 177 award the plaintiff damages equal to double the reasonable 178 rental value of the real property from the beginning of the 179 forcible entry, unlawful entry, or unlawful detention until 180 possession is delivered to the plaintiff. The plaintiff may also 181 recover other damages, including, but not limited to, damages 182 for waste . 183 (3) Actions for possession and damages may be bifurcated. 184 (4) All actions under this chapter must be brought by 185 summary procedure as provided in s . 51 . 011, and the court shall 186 advance the cause on the calendar If any person enters or has 187 cntcrcd into lands or tenements when entry is not given by law, 188 or if any person enters or has entered into any lands or 189 tenements with strong hand or with multitude of people, even 190 when entry is given by law, the party turned out or deprived of 191 possession. by the unlawful or forcible cntry, by whatever right 192 or title the party held possession, or whatever estate the party 193 held or claimed in the lands or tenements of which he or she was 194 so dispossessed, is entitled to the summary procedure undcr s . 195 51 . 011 within 3 years thereafter. 196 Section 5 . Section 82 . 045, Florida Statutes, is 197 redesignated as section 82 . 035, Florida Statutes, and amended to 198 read: 199 82 . 035 82 . 045 Remedy for unlawful detention by a transient 200 occupant of residential property.- 201 (1) As used in this section, the term "transient occupant" 202 means a person whose residency in real property odwelling 203 intended for residential use has occurred for a brief length of Page 7 of 13 CODING: Words stricken are deletions; words underlined are additions . 118 Florida Senate - 2018 SB 804 28-00413A-18 2018804 204 time, is not pursuant to a lease, and whose occupancy was 205 intended as transient in nature. 206 (a) Factors that establish that a person is a transient 207 occupant include, but are not limited to: 208 1 . The person does not have an ownership interest, 209 financial interest, or leasehold interest in the property 210 entitling him or her to occupancy of the property. 211 2 . The person does not have any property utility 212 subscriptions. 213 3 . The person does not use the property address as an 214 address of record with any governmental agency, including, but 215 not limited to, the Department of Highway Safety and Motor 216 Vehicles or the supervisor of elections. 217 4 . The person does not receive mail at the property. 218 5. The person pays minimal or no rent for his or her stay 219 at the property. 220 6. The person does not have a designated space of his or 221 her own, such as a room, at the property. 222 7 . The person has minimal, if any, personal belongings at 223 the property. 224 8 . The person has an apparent permanent residence 225 elsewhere. 226 (b) Minor contributions made for the purchase of household 227 goods, or minor contributions towards other household expenses, 228 do not establish residency. 229 (2) A transient occupant unlawfully detains a residential 230 property if the transient occupant remains in occupancy of the 231 residential property after the party entitled to possession of 232 the property has directed the transient occupant to leave. Page 8 of 13 CODING: Words otrickcn are deletions; words underlined are additions . 4.,i 1 1 8 Florida Senate - 2018 SB 804 28-00413A-18 2018804 233 (3) Any law enforcement officer may, upon receipt of a 234 sworn affidavit of the party entitled to possession that a 235 person who is a transient occupant is unlawfully detaining 236 residential property, direct a transient occupant to surrender 237 possession of residential property. The sworn affidavit must set 238 forth the facts, including the applicable factors listed in 239 paragraph (1) (a) , which establish that a transient occupant is 240 unlawfully detaining residential property. 241 (a) A person who fails to comply with the direction of the 242 law enforcement officer to surrender possession or occupancy 243 violates s. 810 . 08 . In any prosecution of a violation of s . 244 810 . 08 related to this section, whether the defendant was 245 properly classified as a transient occupant is not an element of 246 the offense, the state is not required to prove that the 247 defendant was in fact a transient occupant, and the defendant' s 248 status as a permanent resident is not an affirmative defense . 249 (b) A person wrongfully removed pursuant to this subsection 250 has a cause of action for wrongful removal against the person 251 who requested the removal, and may recover injunctive relief and 252 compensatory damages . However, a wrongfully removed person does 253 not have a cause of action against the law enforcement officer 254 or the agency employing the law enforcement officer absent a 255 showing of bad faith by the law enforcement officer. 256 (4) A party entitled to possession of real property a 257 dwelling has a cause of action for unlawful detainer against a 258 transient occupant pursuant to s . 82 . 03 0 . 82 . 04 . The party 259 entitled to possession is not required to notify the transient 260 occupant before filing the action. If the court finds that the 261 defendant is not a transient occupant but is instead a tenant of Page 9 of 13 CODING: Words 3trickcn are deletions; words underlined are additions. 1 1 8 Florida Senate - 2018 SB 804 28-00413A-18 2018804 262 residential property governed by part II of chapter 83, the 263 court may not dismiss the action without first allowing the 264 plaintiff to give the transient occupant the notice required by 265 that part and to thereafter amend the complaint to pursue 266 eviction under that part. 267 Section 6. Section 82 . 04, Florida Statutes, is amended to 268 read: 269 82 . 04 Questions involved in this proceeding Rcmcdy for 270 unlawful detention.—The court shall determine only the right of 271 possession and any damages . Unless it is necessary to determine 272 the right of possession or the record titleholder, the court may 273 not determine the question of title. 274 (1) If any person enters or has entered in a peaceable 275 manncr into any lands or tenements whcn thc entry is lawful and 276 after thc expiration of thc person' s right continues to hold 277 them against thc consent of thc party entitled to possession, 278 thc party so entitled to possession is cntiticd to thc summary 279 procedure undcr a. 51 .011, at any timc within 3 yrs after thc 280 possession has been withheld from thc party against his or her 281 consent. 282 (2) This section shall not apply with regard to residential 283 tenancies . 284 Section 7 . Section 82 . 05, Florida Statutes, is amended to 285 read: 286 82 . 05 Service of process Questions involved in this 287 procccding.- 288 (1) After at least two attempts to obtain service as 289 provided by law, if the defendant cannot be found in the county 290 in which the action is pending and either the defendant does not Page 10 of 13 CODING: Words stricken are deletions; words underlined are additions . 1113 !, Florida Senate - 2018 SB 804 28-00413A-18 2018804 291 have a usual place of abode in the county or there is no person 292 15 years of age or older residing at the defendant' s usual place 293 of abode in the county, the sheriff must serve the summons and 294 complaint by attaching it to some conspicuous part of the real 295 property involved in the proceeding. The minimum amount of time 296 allowed between the two attempts to obtain service is 6 hours . 297 (2) If a plaintiff causes, or anticipates causing, a 298 defendant to be served with a summons and complaint solely by 299 attaching them to some conspicuous part of real property 300 involved in the proceeding, the plaintiff must provide the clerk 301 of the court with two additional copies of the summons and the 302 complaint and two prestamped envelopes addressed to the 303 defendant. One envelope must be addressed to the defendant' s 304 residence, if known. The second envelope must be addressed to 305 the defendant' s last known business address, if known. The clerk 306 of the court shall immediately mail the copies of the summons 307 and complaint by first-class mail, note the fact of mailing in 308 the docket, and file a certificate in the court file of the fact 309 and date of mailing. Service is effective on the date of posting 310 or mailing, whichever occurs later, and at least 5 days must 311 have elapsed after the date of service before a final judgment 312 for removal of the defendant may be entered No qucstion of 313 titic, but only right of possession and damages, is involvcd in 314 thc action. 315 Section 8 . Section 82 . 091, Florida Statutes, is amended to 316 read: 317 82 . 091 Judgment and execution.- 318 (1) If the court enters a judgment for the plaintiff, the 319 vcrdict is in favor of plaintiff, thc court shall cntcr judgment Page 11 of 13 CODING: Words stricken are deletions; words underlined are additions. 1 1 8 Florida Senate - 2018 SB 804 28-00413A-18 2018804 320 that plaintiff shall recover possession of the real property 321 that he or she is entitled to and described in thc complaint 322 with his or her damages and costs . The court, and shall award a 323 writ of possession to be executed without delay and execution 324 for the plaintiff' s damages and costs. 325 (2) If the court enters a judgment for the defendant, the 326 court shall verdict is for dcfcndant, thc court shall cntcr 327 judgmcnt against plaintiff dismissing the complaint and order 328 that the defendant recover costs . 329 Section 9. Section 82 . 101, Florida Statutes, is amended to 330 read: 331 82 . 101 Effect of judgment.—No judgment rendered either for 332 the plaintiff or the defendant bars any action of trespass for 333 injury to the real property or ejectment between the same 334 parties respecting the same real property. A judgment is not 335 conclusive as to No verdict is conclusive of the facts therein 336 found in any future action for of trespass, ejectment, or quiet 337 title. A judgment rendered either for the plaintiff or the 338 defendant pursuant to this chapter may be superseded, in whole 339 or in part, by a subsequent judgment in an action for trespass 340 for injury to the real property, ejectment, or quiet title 341 involving the same parties with respect to the same real 342 property or cjcctmcnt. 343 Section 10. Section 704 . 09, Florida Statutes, is created to 344 read: 345 704 . 09 Judicial determination; customary use.—A common law 346 claim of customary use for the public use of private property 347 must apply to a particular parcel and must be determined by the 348 court. Page 12 of 13 CODING: Words stricken are deletions; words underlined are additions . Florida Senate - 2018 SI8(X E+ 28-00413A-18 2018804 349 Section 11 . Section 82 . 061, Florida Statutes, is repealed. 350 Section 12 . Section 82 . 071, Florida Statutes, is repealed. 351 Section 13. Section 82 . 081, Florida Statutes, is repealed. 352 Section 14 . This act shall take effect July 1, 2018 . Page 13 of 13 CODING: Words otrickcn are deletions; words underlined are additions . Z cv (0(D a iZ z73 co tQ ,� Do co 3 �� .... r � c G `0 m'. r ammo O orn ca03 rnrr o zU' O oZ r mWim,' c� n0 CP mZ rn ZG, Sn -4 g. \.(4114''--- 03 rn �o • n z+ -4U' mc J -o -4 ZT, m N � mZ, Z zD oz , � fn Z Z O rn 0 �5, N o Zn O 6 Ov or + ?Z tQ -fl -o Z Z -n - w o (D r m moo m 11G1)-- vm y � v % �w v � a Zo rn �, Z -6 37. Z -+ ZW �. v .cz tQ O � G = 0� ..� 1:5-. � .11 o -4 ,.•••••• fir ! (D Z Z � �1 myv N O p 0 -� .O N ► �1 O c 0 C� Cr) N �' - � rn r ---4 37 y n Ci ‘11.6 Off' Z ., ZW -730 � O -gmo Z z 0 Gi m�'_� m 1. 54 1" = cn 70 O m �` 3 I � n rn OO 0 r -+ -n -nG'� 3 73� co �00 � .' z O CZ 70 o, a 0 --I mom ocn C) 53 Z52, n 03 �� �' vr 7° T 1. -4---- ()co 'a- O = m T` O m Oc-< n r rn ? 5. v��Z � 73 m--4 � Gw0 0i r SIO N0 -g CP -6 -0rm90 0 ZG 3. .Z. ° OZ70a7 03 9.1 rn --I c. � Cn a yr �? , o z rn �' Z N 0Z-0 rn m orci --- Z ,� rn z G ---i- -AN Om CI 730 OZ ' o ' aon o o 0 y ) Q.Nr mp l'..., '1c;co y aU) pOUrn �-� ru, -4 p -A CP 1 mm .-4 Z7o � rn OS �p 0Z -A .t .Q rp m cn mo=.� vvz T7a �Q SS Tri'r 0 Z 73O I -A -0 mp rn Ommm mG - r rmm0 5. -11 ao % oZ -4 z0 �Z NA mvy 'v rn 0 = G) Z 0 Zr r 1-no c7pG� n_ TP 0 ter\ } -4 n 7 i / Z I Z0 c. o a. Q OW= Zo CI 0J- - o0 Q 0 1.11 uJ v oY r oo Q N� "til 2 Zo- o = 7' Z Oo- ul `1 >-. OG = O W r9 J W ..-1 m co N p Q < , Q � v J Z 0Z O p r\ _ t co t.1.1 t-- JZ �� ul J - C!1 Z7C. � 40 O QQ a le_ 7 = J 0- Z1yl til la cpk." Z �_ 04 uJ p� y �`; O p � Q joQ dJ j om> O oc U .4 p ill,.4 u •-i' o O � Cl. 0Zo4 oo Y � W " % t- Gt. - a, v p 2, Z Q�O m N r GI ic oG J ul o p Zu y O U p Z 1y N 0l2O = � U1' ZOZu- =ZpQ oma 00 1� Z U V- c``: p , ,�O O C) "-1v' O () r- o 1 d0u-OZa t• •0,1" oo-oO1� OJW flNO Z Z u- u-o p - 0 v 2020 r� r n Zu� 1OG � = Q V �( �� U�n -- 0 � 1• p-- Zp00 00 ~ 1Y • Cat -..,.2. 7 0 0 i!N 0 0 2 U� .2 0 Y NZZO ,; u- 11;1' e N 2 O o `�O ulN � >- e � v °� m0� 7 O Ir u> Z P p o4 N 2 Q CO v -a p W •=. Z Q V Z o o 0 0 ,- a z �'a o� 0 CD cg N oQmN �0 s o ..� m � o � o 1? �U m p iO Q 7 OG Z � ;II- CZ tio �� Z ,t07 Wp � a ,I:, a Q � Z � � mC - Z o � m � po O yap O 16 lI � 4 0 IA 8i til0 ~ � Ovi, "---vi, "--- ? 5z y po ZO _?..- to ? W r ,, �oZ r Zo- O- Q d v' �- o oo zz2 vr A 3Qo � 2Zro y `.n -N z � a , , OC. p '7 J 0= .03 G �j0 Z U • v�O Q CO R Cl) rst Z-o u, oei ', os o 1 d U e coQ P cC co CD a CD m CD• co N v CD CD y '� CD LD C20 C C (C2 1.0101 CD c C m o w �.D -4rrc = * � a r CIo Cp r% n w o 0 7 CD ✓\ rnm 0r r -= W m ;'\ -c- z ► o - = 0 ' o 0 m r � m C � Z _ rn0m m � 1 -CDm�� p �" O � y0 n zu, om ? o, CD c) o Z O mz z � -< � m = 700z � � p � No 70� 0o � zZ m �Z -1 o vm vi m = 700 -Z is o m Um -1 � z70 m� z rn Op oZ � O r9f t Q rn Zn W p (r) m mo l D• mZa, o CD T1 -< Z = w O BO rO -DZ mo • "' O - -1 --{ z 1 Q g. r- 03 CD Z � .-o m '•` CD C Ca O nen Z � Zin Q o O � rn ray Nom' Cr —1 G) c. mvD N a Ca O� � "11 b =iz �� Z. O � N r0-, y N -iv mcn 70 Ocmnr rn 20 Op T .73 :=--- m o (D 73r -C -1= C3 n -� 70 O -I z 3 O � 0 m C� � co mm 70 0 iii- �o C co O r ,o r- ..< -a— C \ 00 . o -0 -{ � � � _` ......")\O � 0 � O -T1 -+ O C3 c-) 070no woo* z � � v � , n 'X. � � 0 � z r • e1 � m o "- 0 � rn N -6 , � z � m o r Cr) , cco I 0' T T -c) . . 0 0 70 � O 4 -oc rn moo � \ t 210 1 y omZ O 0r- Zi o _' V i O0 Z 0 cn D73 o T , zF ri v zoo 0 r 0� Z 0mZ Z moC .o m �-1 m z� p zoo 0 ' CO CD rn vow n � e O � m coo L m -1 z � � 'w � � r m o (. ► � v O omm N � � m cnDa ) - 1 � r�n 730p m -1 z7) Dn3 0 o �p n73 oCD p z o -'yZ mv mooD - -� OvZr orrm mZ ID 7° -E. � m z � c= 711 o=i o crt � mo m cnm Zmmmo > -o - ro Oy '4 Too,7o -1 -1o zz -< , N ,i .416, V,• 441621 0 73 0 70 •1 f --, z w Z 0 � O I J zw = z ,.:Z"' U z W v Cn v w U ' �- z t= W cc S O _ W > >N 02 ° - I- a = i m ~ 0 p a \ 0 1-1-- w ¢ O Ce Q � � -"� z � Ll �\ � 0 � Z w w J .-.-- .< f: Z in = w O ¢ � < < a O ¢ w U � Cf) Cl) z w _- �.4. H , = °° 0 (C%) z > Z c� CO w > ` --, \ j I I- w W w Q T- W Ow "� W � � zOJ d CO-t,-) %. _ -� G Ii O O Cl O W O � 0 LJ �� �� z - w 0 w CO Jz car � o . W a ww a QOYY - 12 C: • O QU) J L QcinI- O w ¢ �' L NoQ ~ w ¢ a .4' a) '- mow W � m M �' oaw vLU w, m � z � a ZJ .- O ooz a w = Q w � `ti 9z �w � p 2z N w0zwz z � ¢ HD z (9O W C.9 d;� o � c� � F z1- m Imo- . LL N-- LL F— =, O L (NOW Z m � O Or:t -- o \r-'‘ Lu LU a. 'Q^ ¢ Op El L CI. g'- - zm ¢ 0 p � J c) m Q 'c -✓ owl 0 0LL L v_> L_ ` ctp < C.� OO = _ V� o I ~ �' t ^ NZZ = � E a mz = p � o �O GC U � O w 0 F o � --'~ >_ J °- W CI) EcL) --... --3, ,r- LU i re w cn W •• U o 0�• 0 w m oQO ix o z W O Cti vi ¢ mow• 0 � O Ia- R5 m (1 oQm 0o I -0 a m Cnc.) d cn � w LL, -0 2a t, mei_ w = o ! a. v r MCD = H EK0 = a -0 p0H F— co j a) Q 6 Lc? zI = OZ Q) o Q wW < = OZ • o >" = Z LL Z C:3)L'17" , Z0 Cl < 9 1 Q Nod wF o Q . w J Q G L I- d J m f- m m _I z } w `e) OO 5 O M coa I ;a\ wZF- ~ 0 I-1- < F- W 0Q I � ) zzC' Lil Z fn ch m Ce 0 O I Lu Z z _ _ ,_,1-1-1 O ~ oZ Fw- w °�.. oCD � I- Z � W J zw O < w 0 a ` _• �- �1 zU'51 O O2 Q - - zw0 ~ zw O Z wz cnz Z OIzu W -- U U Oo �� a) Zw F- z = � L wm U ti O oI- m W . E `Zr O wm0 2 � ct _ \ J v J Q Amo - = 0i. I-cu a ¢ = -t-+ I- d U CI) ".4. m- a = z a CC 0 - 00 m = m ar (N 4 _ 0- o m wo = o m O J a) Lco .r N Q 0 Qd Ca Q) .040N ca ..mow