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Florida Statute 65.081 | Lawyer Caselaw & Research
F.S. 65.081 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 65.081

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 65
QUIETING TITLE
View Entire Chapter
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.

F.S. 65.081 on Google Scholar

F.S. 65.081 on Casetext

Amendments to 65.081


Arrestable Offenses / Crimes under Fla. Stat. 65.081
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 65.081.



Annotations, Discussions, Cases:

Cases from cite.case.law:

VILLAGE OF DORAL PLACE ASSOCIATION, INC. v. REAL, INC. W., 22 So. 3d 627 (Fla. Dist. Ct. App. 2009)

. . . The Buyers argue that they are entitled to prevail under subsection 65.081, Florida Statutes (2003). . . . Id. § 65.081(1). . . . Id. § 65.081(3). . . . pari materia with each other was applied by the Florida Supreme Court to an earlier version of section 65.081 . . . Reading section 718.107 and 65.081 together, we find no indication that subsection 65.081(3) overcomes . . .

VOSILLA, v. ROSADO,, 944 So. 2d 289 (Fla. 2006)

. . . In Dawson, we also considered whether sections 65.081(3) and 197.404, Florida Statutes (1987), which . . . Neither section 65.081(3) nor section 197.404 listed inadequate notice as an available defense. . . .

ROSADO v. VOSILLA,, 909 So. 2d 505 (Fla. Dist. Ct. App. 2005)

. . . If this Court approved Dawson’s interpretation of sections 65.081(3) and 197.404, then we would also . . .

R. BOSTWICK F. v. G. CLUKIES,, 801 So. 2d 961 (Fla. Dist. Ct. App. 2001)

. . . Bostwiek, in an action to quiet title to real property in Lake County, Florida, pursuant to Section 65.081 . . .

D. CRANE v. MARTIN,, 741 So. 2d 1251 (Fla. Dist. Ct. App. 1999)

. . . Section 65.081, Florida Statutes (1997), provides, in part: (3) WHEN TAKES HAVE BEEN PAID. . . . 197.522(1) by mailing the notice of application for tax deed to the Cranes by certified mail, sections 65.081 . . .

DAWSON, Sr. v. SAADA,, 608 So. 2d 806 (Fla. 1992)

. . . STATUTES, INVALIDATES THE ISSUANCE OF A TAX DEED NOTWITHSTANDING THE LANGUAGE IN SECTIONS 197.404 AND 65.081 . . . If this Court approved Dawson’s interpretation of sections 65.081(3) and 197.404, then we would also . . . Accordingly, we find that sections 65.081(3) and 197.-404 specify the bases by which either a tax deed . . . 197.522 invalidates the issuance of a tax deed, notwithstanding the language in section 197.-404 and 65.081 . . . Section 65.081(3), Florida Statutes (1987), provides that "[n]o defense to the action or attack upon . . .

SAADA S. v. DAWSON, Sr., 573 So. 2d 1008 (Fla. Dist. Ct. App. 1991)

. . . Appellees contend that sections 197.404 and 65.081(3), Florida Statutes, limit the grounds on which a . . . Section 65.081(3): No defense to the action or attack upon the tax deed shall be made except the defense . . . STATUTES, INVALIDATES THE ISSUANCE OF A TAX DEED NOTWITHSTANDING THE LANGUAGE IN SECTIONS 197.404 AND 65.081 . . .

W. MARKLEY, W. v. MADILL, a, 259 So. 2d 723 (Fla. Dist. Ct. App. 1972)

. . . Section 65.081(2), Florida Statutes, F.S.A., pertaining to quieting tax titles, states as follows: “When . . .