Florida Statute 65.81 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 65
QUIETING TITLE

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F.S. 65.081

65.081 Tax titles; quieting title.—

(1) PARTIES.—Any grantee under any tax deed issued by the state, or any municipality or other political subdivision thereof, or any purchaser from the state, or any municipality or other political subdivision thereof, of any land the title to which has been acquired by this state or such municipality or political subdivision through any proceeding or foreclosure for the nonpayment of taxes or special assessments, or the successor in title to the grantee or purchaser, may maintain an action in chancery to quiet title to the land included in the tax deed, or so purchased against the holder of the record title to the land, and against any other person or corporation claiming any interest in the land or any lien or encumbrance thereon, before issuance of the tax deed or before the loss of title to the land in the tax proceeding or foreclosure.

(2) DERAIGNING TITLE.—Actions may be maintained hereunder whether or not plaintiff is in possession of the land involved but when defendant is in actual possession of the land a jury trial may be had as provided in other actions to quiet title. When the action is based on a tax deed, the complaint need not deraign title beyond the issuance of the tax deed. When the action is based on a conveyance by this state, or any municipality or other political subdivision thereof, of land the title to which it has acquired through a foreclosure or other proceeding for the nonpayment of taxes, the complaint need not deraign title beyond the deed or other instrument or act vesting title in the state or municipality or other political subdivision of the state.

(3) WHEN TAXES HAVE BEEN PAID.—No defense to the action or attack upon the tax deed shall be made except the defense that the taxes assessed against the property had been paid by the former owner before issuance of the tax deed.

(4) WHEN TAX DEED HAS BEEN ISSUED BEFORE CONVEYANCE BY SOVEREIGN.—No defense shall be made to the action because of assessment of the property or issuance of the tax deed before the United States or the state has parted with title to the property, and no other attack shall be made on it, except the defense that the taxes assessed against the property had been paid by the person, or a claimant under him or her, to whom the United States patent or conveyance from the state was issued before the issuance of the tax deed.

History.—ss. 1, 2, ch. 21822, 1943; s. 2, ch. 29737, 1955; s. 20, ch. 67-254; s. 29, ch. 74-382; s. 1, ch. 77-174; s. 347, ch. 95-147.

Note.—Former ss. 66.26, 66.27.

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Amendments to 65.081

Annotations, Discussions, Cases:

Cases Citing Statute 65.081

Total Results: 8

Branche v. Airtran Airways, Inc.

342 F.3d 1248, 20 I.E.R. Cas. (BNA) 454, 2003 U.S. App. LEXIS 17297, 2003 WL 21983019

Court of Appeals for the Eleventh Circuit | Filed: Aug 21, 2003 | Docket: 397750

Cited 81 times | Published

maneuver, and that as such they violated 14 C.F.R. § 65.81 2 in performing *1252 it

Dawson v. Saada

608 So. 2d 806, 1992 WL 342013

Supreme Court of Florida | Filed: Nov 25, 1992 | Docket: 1449493

Cited 30 times | Published

whether the owner actually received notice. [2] Section 65.081(3), Florida Statutes (1987), provides that

Vosilla v. Rosado

944 So. 2d 289, 2006 WL 3229420

Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 245977

Cited 8 times | Published

522. See Dawson, 608 So.2d at 809.[4] Neither section 65.081(3) nor section 197.404 listed inadequate notice

Village of Doral Place Ass'n v. RU4 Real, Inc.

22 So. 3d 627, 2009 Fla. App. LEXIS 15540, 2009 WL 3271164

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1639703

Cited 7 times | Published

tax deed to maintain a quiet title action. Id. § 65.081(1). The statute provides in part, "No defense

Bostwick v. Clukies

801 So. 2d 961, 2001 WL 1386060

District Court of Appeal of Florida | Filed: Nov 9, 2001 | Docket: 1495054

Cited 2 times | Published

property in Lake County, Florida, pursuant to Section 65.081, Florida Statutes (1997). Clukies purchased

Crane v. Martin

741 So. 2d 1251, 1999 Fla. App. LEXIS 13220, 1999 WL 790785

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 64791253

Published

omission does not invalidate the tax deed. Section 65.081, Florida Statutes (1997), provides, in part:

Saada v. Dawson

573 So. 2d 1008, 1991 Fla. App. LEXIS 583, 1991 WL 7686

District Court of Appeal of Florida | Filed: Jan 30, 1991 | Docket: 64656054

Published

certificate issued for nonpayment of taxes. Section 65.081(3): No defense to the action or attack upon

Markley v. Madill

259 So. 2d 723, 1972 Fla. App. LEXIS 7138

District Court of Appeal of Florida | Filed: Mar 8, 1972 | Docket: 64525028

Published

deraign her title in the quiet title action. Section 65.081(2), Florida Statutes, F.S.A., pertaining to