Florida Statutes
Fla. Stat. § 66.041 (2025)
Betterment, petition.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 5
cases, 1975–2012 · leading case: Seddon v. Harpster, 438 So. 2d 165 (Fla. 5th DCA 1983).
Seddon v. Harpster, 438 So. 2d 165 (Fla. 5th DCA 1983). “Because the trial court was without jurisdiction to "consolidate" allegations in the *169 pleadings in the completed case number 75-1437 with case number 82-1318, the order of consolidation and the order adding parties defendant in case no.”
Centennial Homeowners Assn. v. Dolomite Co., 47 So. 3d 863 (Fla. 3d DCA 2010). “Two months after this Court's decision, Centennial filed a Betterment action in the trial court, pursuant to section 66.041, et seq., Florida Statutes (2009).”
Brown v. Johns, 312 So. 2d 526 (Fla. 1st DCA 1975). “170(a) RCP, relating to compulsory counterclaims, provides: "A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, provided it arises out of the transaction or occurrence that is the subject…”
Volusia Fern Co. v. Cox, 393 So. 2d 1126 (Fla. 5th DCA 1980). “Section 66.041, Florida Statutes (1977), provides: If a judgment of eviction is rendered against defendant, within sixty days thereafter, or if he has appealed, within twenty days after filing the mandate affirming the judgment, he may file in the court in which the judgment was…”
Centennial Homeowners Ass'n v. Dolomite Co., 96 So. 3d 954 (Fla. 3d DCA 2012). “’s (“Dolomite”) motion in limine to exclude evidence in Centennial’s betterment action, filed pursuant to section 66.041, et seq., Florida Statutes (2009), and from a final judgment entered in favor of Dolomite following a jury trial.”
— 66.041(3) — 1 case
Centennial Homeowners Ass'n v. Dolomite Co., 96 So. 3d 954 (Fla. 3d DCA 2012). “’s (“Dolomite”) motion in limine to exclude evidence in Centennial’s betterment action, filed pursuant to section 66.041, et seq., Florida Statutes (2009), and from a final judgment entered in favor of Dolomite following a jury trial.”
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