Florida Statute 66.41 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

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Amendments to 66.041

Annotations, Discussions, Cases:

Cases Citing Statute 66.041

Total Results: 6

Seddon v. Harpster

438 So. 2d 165

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 1731686

Cited 5 times | Published

court's mandate was rendered on May 13, 1982. Section 66.041, Fla. Stat. (1981), provides in part: If a

Brown v. Johns

312 So. 2d 526

District Court of Appeal of Florida | Filed: May 15, 1975 | Docket: 1412166

Cited 3 times | Published

Hale, 1940, 145 Fla. 389, 199 So. 361. [5] F.S. 66.041-66.101. [6] See McCreary v. Lake Boulevard Sponge

Paxson v. Collins

100 So. 2d 672

District Court of Appeal of Florida | Filed: Feb 13, 1958 | Docket: 60189321

Cited 1 times | Published

Section 11, Florida Constitution, F.S.A.; Section 66.41 Florida Statutes 1955, F.S.A. The cases of the

Centennial Homeowners Ass'n v. Dolomite Co.

96 So. 3d 954, 2012 Fla. App. LEXIS 11970, 2012 WL 3023095

District Court of Appeal of Florida | Filed: Jul 25, 2012 | Docket: 60311602

Published

Centennial’s betterment action, filed pursuant to section 66.041, et seq., Florida Statutes (2009), and from

Centennial Homeowners Assn. v. Dolomite Co.

47 So. 3d 863, 2010 Fla. App. LEXIS 15565, 2010 WL 3985299

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 2539376

Published

Betterment action in the trial court, pursuant to section 66.041, et seq., Florida Statutes (2009). Centennial

Volusia Fern Co. v. Cox

393 So. 2d 1126, 1980 Fla. App. LEXIS 17880

District Court of Appeal of Florida | Filed: Dec 17, 1980 | Docket: 64580378

Published

EVANS, VERNON W., Associate Judge, concur. . Section 66.041, Florida Statutes (1977), provides: If a judgment