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Fla. Stat. § 66.021 (2025)

Ejectment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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66.021 Ejectment.—
(1) RIGHT OF ACTION.—A person with a superior right to possession of real property may maintain an action of ejectment to recover possession of the property.
(2) JURISDICTION.—Circuit courts have exclusive jurisdiction in an action of ejectment.
(3) NOTICE.—A plaintiff may not be required to provide any presuit notice or presuit demand to a defendant as a condition to maintaining an action under this section.
(4) LANDLORD NOT A DEFENDANT.—When it appears before trial that a defendant in an action of ejectment is in possession as a tenant and that his or her landlord is not a party, the landlord must be made a party before further proceeding unless otherwise ordered by the court.
(5) DEFENSE MAY BE LIMITED.—A defendant in an action of ejectment may limit his or her defense to a part of the property mentioned in the complaint, describing such part with reasonable certainty.
(6) WRIT OF POSSESSION; EXECUTION TO BE JOINT OR SEVERAL.—When plaintiff recovers in an action of ejectment, he or she may have one writ for possession and for damages and costs or, at his or her election, may have separate writs for possession and for damages and costs.
(7) CHAIN OF TITLE.—The complaint and the answer must include a statement setting forth, chronologically, the chain of title upon which the party will rely at trial. Copies of each instrument identified in the statement must be attached to the complaint or answer. The statement must include the names of the grantors and the grantees, the date that each instrument was recorded, and the book and page or the instrument number for each recorded instrument. If a party relies on a claim or right without color of title, the statement must specify how and when the claim originated and the facts on which the claim is based. If defendant and plaintiff claim under a common source, the statement need not deraign title before the common source.
(8) TESTING SUFFICIENCY.—If either party seeks to test the legal sufficiency of any instrument or court proceeding in the chain of title of the opposite party, the party must do so before trial by motion setting up his or her objections with a copy of the instrument or court proceedings attached. The motion must be disposed of before trial. If either party determines that he or she will be unable to maintain his or her claim by reason of the order, that party may so state in the record and final judgment shall be entered for the opposing party.
(9) OPERATION.—This section is cumulative to other existing remedies and may not be construed to limit other remedies that are available under the laws of this state.
History.—s. 21, ch. 67-254; s. 348, ch. 95-147; s. 1, ch. 2018-94.
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1983–2025 · leading case: Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008).
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Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008). · cites it 7× “; § 66.021, Fla. Stat. (2006); second, an unlawful-detainer action under section 82.”
Crigger v. Florida Power Corp., 436 So. 2d 937 (Fla. 5th DCA 1983). · cites it 2× “(1981) (as to quiet title actions) and § 66.021(4), Fla. Stat. (1981), and Florida Rule of Civil Procedure, Complaint, Form 1.”
Mesnikoff v. Fq Backyard Trading, LLC, 239 So. 3d 765 (Fla. 3d DCA 2018). · cites it 3× “During the hearing, the county court correctly recognized its lack of jurisdiction to adjudicate Backyard Trading’s action for ejectment filed under section 66.021. See § 26.012(2)(f), Fla. Stat.”
Fish v. Post of Amvets No. 85, 560 So. 2d 337 (Fla. 1st DCA 1990). · cites it 3× “2d Ejectment and Related Remedies, §§ 26, 29; § 66.021(4), Florida Statutes (1987). In a suit to quiet title, the plaintiff may allege the validity of his title in even more general terms, a mere allegation that he is the owner in fee of the lands in question being sufficient.”
Collier v. Parker, 794 So. 2d 616 (Fla. 1st DCA 2001). · cites it 2× “According to the appellants, such an order is an ejectment subject to the procedures outlined in section 66.021, Florida Statutes (1997). However, the appellants did not raise this argument in the lower court.”
Kathryn Johnson, Successor Tr. of the Krippes Living Trust Dated June 1, 2006 v. Dominic Johnson & Caroline Johnson (Fla. 1st DCA 2025). · cites it 2× “” § 66.021(1), Fla. Stat. Since the deeds were reformed, Kathryn as trustee had no title to the properties and ejectment was properly denied.”
Voss v. Voss (Fla. 2d DCA 2025). · cites it 2× “1 Section 66.021(2), Florida Statutes (2023), provides that "[c]ircuit courts have exclusive jurisdiction in an action of ejectment.”
Perez v. Midland Nat'l Life Ins. Co. (S.D. Fla. 2020). “On January 14, 2020, Judge Beatrice Butchko of the Eleventh Judicial Circuit in and for Miami- Dade County, Florida, held that Perez I was entitled to possession of the Property and authorized the issuance of a Writ of Possession, pursuant to Florida Statute § 66.021(6). Id. at…”
Cohen v. Ginsberg, 715 So. 2d 1113 (Fla. 4th DCA 1998). · cites it 2× “§ 66.021(3), Fla. Stat. (1997) (emphasis supplied).”
— 66.021(1) — 1 case
Kathryn Johnson, Successor Tr. of the Krippes Living Trust Dated June 1, 2006 v. Dominic Johnson & Caroline Johnson (Fla. 1st DCA 2025). “” § 66.021(1), Fla. Stat. Since the deeds were reformed, Kathryn as trustee had no title to the properties and ejectment was properly denied.”
— 66.021(2) — 1 case
Voss v. Voss (Fla. 2d DCA 2025). “1 Section 66.021(2), Florida Statutes (2023), provides that "[c]ircuit courts have exclusive jurisdiction in an action of ejectment.”
— 66.021(3) — 2 cases
Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008). “; § 66.021, Fla. Stat. (2006); second, an unlawful-detainer action under section 82.”
Cohen v. Ginsberg, 715 So. 2d 1113 (Fla. 4th DCA 1998). “§ 66.021(3), Fla. Stat. (1997) (emphasis supplied).”
— 66.021(4) — 3 cases
Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008). “; § 66.021, Fla. Stat. (2006); second, an unlawful-detainer action under section 82.”
Crigger v. Florida Power Corp., 436 So. 2d 937 (Fla. 5th DCA 1983). “(1981) (as to quiet title actions) and § 66.021(4), Fla. Stat. (1981), and Florida Rule of Civil Procedure, Complaint, Form 1.”
Fish v. Post of Amvets No. 85, 560 So. 2d 337 (Fla. 1st DCA 1990). “2d Ejectment and Related Remedies, §§ 26, 29; § 66.021(4), Florida Statutes (1987). In a suit to quiet title, the plaintiff may allege the validity of his title in even more general terms, a mere allegation that he is the owner in fee of the lands in question being sufficient.”
— 66.021(5) — 1 case
Fish v. Post of Amvets No. 85, 560 So. 2d 337 (Fla. 1st DCA 1990). “2d Ejectment and Related Remedies, §§ 26, 29; § 66.021(4), Florida Statutes (1987). In a suit to quiet title, the plaintiff may allege the validity of his title in even more general terms, a mere allegation that he is the owner in fee of the lands in question being sufficient.”
— 66.021(6) — 1 case
Perez v. Midland Nat'l Life Ins. Co. (S.D. Fla. 2020). “On January 14, 2020, Judge Beatrice Butchko of the Eleventh Judicial Circuit in and for Miami- Dade County, Florida, held that Perez I was entitled to possession of the Property and authorized the issuance of a Writ of Possession, pursuant to Florida Statute § 66.021(6). Id. at…”
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