Florida Statute 66.61 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 66
EJECTMENT

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F.S. 66.061

66.061 Betterment, trial and verdict.—If an answer is filed, trial shall be on the issues made. If no answer is filed, trial shall be ex parte, but defendant is required to prove every allegation of the petition. If the jury (or if a jury is waived, the court) finds in favor of defendant, it shall assess:

(1) The value of the land at the time of the assessment, irrespective of the improvements put upon the land by defendant or those under whom he or she derives, and if any, the injury done to the land by defendant or those under whom he or she derives.

(2) The value of the permanent improvements at the time of the assessment.

(3) The injury, if any, done to the land by defendant or those under whom he or she derives.

(4) The value of the use of the land by defendant between the time of the judgment in ejectment and the time of the assessment or if defendant has been evicted from or has surrendered the premises, from the time of the judgment to the time of the surrender or eviction. The findings shall be specified separately on each of these matters.

History.—RS 1518; GS 1973; RGS 3241; CGL 5049; s. 2, ch. 29737, 1955; s. 21, ch. 67-254; s. 350, ch. 95-147.

Note.—Former s. 70.08.

F.S. 66.061 on Google Scholar

F.S. 66.061 on CourtListener

Amendments to 66.061

Annotations, Discussions, Cases:

Cases Citing Statute 66.061

Total Results: 5

Seddon v. Harpster

438 So. 2d 165

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

Cited 5 times | Published

twenty days after service of the petition and section 66.061, Florida Statutes (1981), provides for trial

Hutto v. State

173 So. 3d 998, 2015 Fla. App. LEXIS 7745, 2015 WL 2432060

District Court of Appeal of Florida | Filed: May 22, 2015 | Docket: 2659202

Published

synthetic drug as defined in this division.” Section 66-61(e) defines “illicit synthetic drugs” as including

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

the petitioner and his predecessors-in-interest. § 66.061(2), Fla. Stat. (2009). If the improvements have

Brown v. Davis

514 So. 2d 54, 12 Fla. L. Weekly 440, 1987 Fla. LEXIS 2262

Supreme Court of Florida | Filed: Sep 3, 1987 | Docket: 64630299

Published

of the tracts; 2) “betterment” pursuant to section 66.061, Florida Statutes; 3) an equitable lien against

Brown v. Davis

493 So. 2d 523, 11 Fla. L. Weekly 1891, 1986 Fla. App. LEXIS 9564

District Court of Appeal of Florida | Filed: Sep 2, 1986 | Docket: 64621333

Published

the two tracts; (2) “betterment,” pursuant to section 66.061, Florida Statutes; (3) an equitable lien against