Form for Use to Attempt to Establish Adverse Possession Without Color of Title

 

DEPARTMENT OF REVENUE

Property Tax Oversight Program

RULE NO.:RULE TITLE:

12DER13-5 Form for Use to Attempt to Establish Adverse Possession Without Color of Title

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Section 1 of Chapter 2013-246, Laws of Florida (House Bill 903), authorized the Department of Revenue to adopt an emergency rule to implement the changes to Sections 95.18 and 197.3335, F.S. Section 1 of this act provided that this emergency rule could remain in effect for 6 months and could be renewed during the period in which the adoption of a permanent rule is underway for the issues covered in this emergency rule. Section 1 of this act also provides that all conditions imposed by Sections 120.536(1) and 120.54(4), F.S., are deemed to be met.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The Legislature expressly authorized the Department of Revenue to adopt an emergency rule to implement the provisions of Chapter 2013-246, Laws of Florida (House Bill 903). The law provides that this emergency rule can remain in effect for a period of 6 months and that it may be renewed during the time period in which the adoption of a permanent rule is underway for the issues covered in this emergency rule. The form changes are based on the revisions required by Chapter 2013-246, Laws of Florida. The Department of Revenue has taken action to inform interested parties about the revised procedures and form that are being adopted to implement this legislation, and to give the parties an opportunity to review and comment on the procedures and form. These interested parties include Property Appraisers and others who have told the Department that they want to receive all information associated with property tax rulemaking.

SUMMARY: The purpose of this emergency rule is to provide revised procedures and a form for applicants who want to claim adverse possession of a property. Form DR-452, Return of Real Property in Attempt to Establish Adverse Possession Without Color of Title (Eff. 7/13), has been revised to implement the changes in Chapter 2013-246, L.O.F. It is posted on the Property Tax Oversight Program’s website at: http://dor.myflorida.com/dor/property/forms.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Larry Green, Department of Revenue, Property Tax Technical Unit, 2450 Shumard Oak Blvd., Tallahassee, Florida 32399-0100, telephone [phone], Fax [phone], email address: [e-mail]

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

12DER13-5 Form for Use to Attempt to Establish Adverse Possession Without Color of Title.

(1) This rule applies to real property being claimed as adversely possessed under Section 95.18, F.S., as amended by Chapter 2013-246, Laws of Florida.

(2) The Department of Revenue adopts and incorporates in this rule by reference the following form: DR-452, Return of Real Property in Attempt to Establish Adverse Possession Without Color of Title (Eff. 7/13). This is the form to be used by persons claiming adverse possession without color of title.

(3) Copies of this form are available, without cost, by downloading the selected form from the Department’s Internet site at http://dor.myflorida.com/dor/property/forms/. Persons with hearing or speech impairments may call the Department’s TDD at [phone].

(4) This rule will remain in effect for 6 months and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject matter of this emergency rule.

Rulemaking Authority s. 1, Ch. 2013-246, L.O.F., 95.18 FS. Law Implemented s. 1, Ch. 2013-246, L.O.F., 95.18 FS. History–New 7-30-13.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: July 30, 2013