Florida Statutes

Fla. Stat. § 65.081 (2025)

Tax titles; quieting title.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1972–2022 · leading case: Vill. of Doral Place Ass'n v. RU4 Real, Inc., 22 So. 3d 627 (Fla. 3d DCA 2009).

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Vill. of Doral Place Ass'n v. RU4 Real, Inc., 22 So. 3d 627 (Fla. 3d DCA 2009). · cites it 6× “The Buyers argue that they are entitled to prevail under subsection 65.081, Florida Statutes (2003). That statute authorizes the grantee under a tax deed to maintain a quiet title action.”

Dawson v. Saada, 608 So. 2d 806 (Fla. 1992). · cites it 2× “[2] Section 65.081(3), Florida Statutes (1987), provides that "[n]o 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.”

Vosilla v. Rosado, 944 So. 2d 289 (Fla. 2006). “[4] Neither section 65.081(3) nor section 197.404 listed inadequate notice as an available defense.”

Bostwick v. Clukies, 801 So. 2d 961 (Fla. 5th DCA 2001). · cites it 2× “, a dissolved Texas limited partnership, and Robert Bostwick, in an action to quiet title to real property in Lake County, Florida, pursuant to Section 65.081, Florida Statutes (1997). Clukies purchased the property by tax deed.”

Pallardy LLC v. CPIF Lending LLC (Bankr. M.D. Fla. 2022). · cites it 6× “141 § 65.081, Fla. Stat. (“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.”

Crane v. Martin, 741 So. 2d 1251 (Fla. 1st DCA 1999). · cites it 2× “Section 65.081, Florida Statutes (1997), provides, in part: (3) WHEN TAKES HAVE BEEN PAID.”

Saada v. Dawson, 573 So. 2d 1008 (Fla. 4th DCA 1991). “Section 65.081(3): 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.”

Markley v. Madill, 259 So. 2d 723 (Fla. 2d DCA 1972). · cites it 2× “Section 65.081(2), Florida Statutes, F.S.”

— 65.081(1) — 1 case

Vill. of Doral Place Ass'n v. RU4 Real, Inc., 22 So. 3d 627 (Fla. 3d DCA 2009). “The Buyers argue that they are entitled to prevail under subsection 65.081, Florida Statutes (2003). That statute authorizes the grantee under a tax deed to maintain a quiet title action.”

— 65.081(2) — 1 case

Markley v. Madill, 259 So. 2d 723 (Fla. 2d DCA 1972). “Section 65.081(2), Florida Statutes, F.S.”

— 65.081(3) — 5 cases

Dawson v. Saada, 608 So. 2d 806 (Fla. 1992). “[2] Section 65.081(3), Florida Statutes (1987), provides that "[n]o 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.”

Vosilla v. Rosado, 944 So. 2d 289 (Fla. 2006). “[4] Neither section 65.081(3) nor section 197.404 listed inadequate notice as an available defense.”

Pallardy LLC v. CPIF Lending LLC (Bankr. M.D. Fla. 2022). “141 § 65.081, Fla. Stat. (“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.”

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