The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 66
EJECTMENT

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F.S. 66.041

66.041 Betterment, petition.—If a judgment of eviction is rendered against defendant, within 60 days thereafter, or if he or she has appealed, within 20 days after filing the mandate affirming the judgment, defendant may file in the court in which the judgment was rendered a petition setting forth that:

(1) Defendant had been in possession and that he or she or those under whom defendant validly derived had permanently improved the value of the property in controversy before commencement of the action in which judgment was rendered;

(2) Defendant or those under whom defendant validly derives held the property at the time of such improvement under an apparently good legal or equitable title derived from the English, Spanish, or United States Governments or this state; or under a legal or equitable title plain and connected on the records of a public office or public offices; or under purchase at a regular sale made by an executor, administrator, guardian or other person by order of court; and

(3) When defendant made the improvements or purchased the property improved, he or she believed the title which he or she held or purchased to the land thus improved to be a good and valid title. The petition shall demand that the value of the improvements be assessed and compensation awarded to defendant therefor.

History.—RS 1516; GS 1971; RGS 3239; CGL 5047; s. 2, ch. 29737, 1955; s. 21, ch. 67-254; s. 349, ch. 95-147.

Note.—Former s. 70.06.

F.S. 66.041 on Google Scholar

F.S. 66.041 on Casetext

Amendments to 66.041

Arrestable Offenses / Crimes under Fla. Stat. 66.041

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 66.041.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CENTENNIAL HOMEOWNERS ASSOCIATION, INC. v. DOLOMITE CO. INC., 96 So. 3d 954 (Fla. Dist. Ct. App. 2012)

. . . ) motion in limine to exclude evidence in Centennial’s betterment action, filed pursuant to section 66.041 . . . Centennial filed a timely betterment action against Dolomite, pursuant to section 66.041, et seq., Florida . . . Specifically, pursuant to section 66.041(3), the party filing the betterment petition must establish . . . permanent improvements to the common areas, as Centennial cannot establish the factors set forth in section 66.041 . . . Section 66.041 provides: Betterment, petition. — If a judgment of eviction is rendered against defendant . . .

CENTENNIAL HOMEOWNERS ASSOCIATION, INC. a v. DOLOMITE CO. INC. a, 47 So. 3d 863 (Fla. Dist. Ct. App. 2010)

. . . this Court’s decision, Centennial filed a Betterment action in the trial court, pursuant to section 66.041 . . . Section 66.041 provides: If a judgment of eviction is rendered against defendant ... defendant may file . . .

SEDDON, v. M. HARPSTER,, 438 So. 2d 165 (Fla. Dist. Ct. App. 1983)

. . . Section 66.041, Fla.Stat. (1981), provides in part: If a judgment of eviction is rendered against defendant . . . Section 66.041, Florida Statutes (1981), clearly states that a petition for betterment is to be filed . . . UP-CHURCH, Jr., JJ., concur. . § 66.041, Fla.Stat. (1981). . . . .

VOLUSIA FERN CO. INC. a v. COX, 393 So. 2d 1126 (Fla. Dist. Ct. App. 1980)

. . . Section 66.041, Florida Statutes (1977), provides: If a judgment of eviction is rendered against defendant . . .