Florida Statute 65.081 | Lawyer Caselaw & Research

The 2024 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

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 Citing Statute 65.081

Total Results: 18

Thames v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-10-27

Citation: 230 So. 3d 566

Snippet: sense of that word, State v. Nicolosi, 228 La. 65, 81 So.2d 771 [ (1955) ].”). Under any plausible view

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

Court: District Court of Appeal of Florida | Date Filed: 2009-10-14

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

Snippet: that they are entitled to prevail under subsection 65.081, Florida Statutes (2003). That statute authorizes

Vosilla v. Rosado

Court: Supreme Court of Florida | Date Filed: 2006-11-09

Citation: 944 So. 2d 289, 2006 WL 3229420

Snippet: In Dawson, we also considered whether sections 65.081(3) and 197.404, Florida Statutes (1987), which

Rosado v. Vosilla

Court: District Court of Appeal of Florida | Date Filed: 2005-08-26

Citation: 909 So. 2d 505, 2005 WL 2043046

Snippet: Court approved Dawson's interpretation of sections 65.081(3) and 197.404, then we would also be required

Bostwick v. Clukies

Court: District Court of Appeal of Florida | Date Filed: 2001-11-09

Citation: 801 So. 2d 961, 2001 WL 1386060

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

Broward County v. GBV Intern., Ltd.

Court: Supreme Court of Florida | Date Filed: 2001-06-07

Citation: 787 So. 2d 838, 26 Fla. L. Weekly Supp. 463, 2001 Fla. LEXIS 1140, 2001 WL 617823

Snippet: taken. Snyder v. Board of County Comm'rs, 595 So.2d 65, 81 (Fla. 5th DCA 1991) (footnote omitted), quashed

Crane v. Martin

Court: District Court of Appeal of Florida | Date Filed: 1999-10-06

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

Snippet: omission does not invalidate the tax deed. Section 65.081, Florida Statutes (1997), provides, in part: (3)

Dawson v. Saada

Court: Supreme Court of Florida | Date Filed: 1992-11-25

Citation: 608 So. 2d 806, 1992 WL 342013

Snippet: NOTWITHSTANDING THE LANGUAGE IN SECTIONS 197.404 AND 65.081(3), FLORIDA STATUTES? Id. at 1010. We have jurisdiction

Saada v. Dawson

Court: District Court of Appeal of Florida | Date Filed: 1991-01-30

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

Snippet: sale. Appellees contend that sections 197.404 and 65.081(3), Florida Statutes, limit the grounds on which

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-02-22

Snippet: rendered by this office. See AGO's 058-119, 062-41, 065-81, 071-75, 071-233, 071-367, 074-335, and 075-98

Ago

Court: Florida Attorney General Reports | Date Filed: 1975-07-15

Snippet: 071-367, 071-203A, 071-203, 071-177, 066-10, and 065-81. See also 62 C.J.S. Municipal Corporations s. 157

Ago

Court: Florida Attorney General Reports | Date Filed: 1975-06-13

Snippet: 074-237, 071-367, 071-203A, 071-203, 071-177, 066-10, 065-81, 058-67, and 058-11. Accordingly, your question

Ago

Court: Florida Attorney General Reports | Date Filed: 1975-04-14

Snippet: other local regulation. Attorney General Opinions 065-81; 071-233. You do not state whether the provisions

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-10-30

Snippet: construction of schools. See AGO's 058-119, 062-41, 065-81, 071-75, 071-233, and 071-367. The legislature

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-08-08

Snippet: direction. Attorney General Opinions 058-67, 058-119, 065-81, 066-10, 071-177, 071-203, 071-203A, and 071-367

Markley v. Madill

Court: District Court of Appeal of Florida | Date Filed: 1972-03-08

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

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

Berkan v. Brown

Court: District Court of Appeal of Florida | Date Filed: 1970-12-01

Citation: 242 So. 2d 207

Snippet: affirmed on procedural grounds, 299 U.S. 99, 57 S.Ct. 65, 81 L.Ed. 63, reh. den. 299 U.S. 623, 57 S.Ct. 229

Broad v. Nesmith ex rel. Nesmith

Court: District Court of Appeal of Florida | Date Filed: 1965-06-07

Citation: 176 So. 2d 130, 1965 Fla. App. LEXIS 5623

Snippet: PER CURIAM. Appeal dismissed.