Florida Statute 69.041 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 69
MISCELLANEOUS PROCEDURAL MATTERS

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69.041 State named party; lien foreclosure, suit to quiet title.—

(1) Under the conditions prescribed in this section for the protection of the state, the state may be named a party to a civil action in any court of this state, or in any district court of the United States, having jurisdiction of the subject matter, either:

(a) To quiet title to real property wherein the state has or claims any adverse interest in the title to real estate; or

(b) For the foreclosure of a mortgage or other lien on real or personal property on which the state has or claims a mortgage or other lien.

(2) The complaint shall set forth with particularity the nature of the interest claimed by the state in such real property with respect to quiet title proceedings. In the case of mortgage or lien foreclosure, the complaint shall set forth with particularity the nature of the lien claimed by the state in such real property.

(3) A judicial sale in a mortgage foreclosure action shall have the same effect respecting the discharge of the property from liens and encumbrances held by the state as is provided about such matters by the law of this state. A sale to satisfy a lien inferior to one of the state shall be made subject to and without disturbing the lien of the state, unless the state consents that the property may be sold free of its liens and the proceeds divided as the parties may be entitled.

(4)(a) The Department of Revenue has the right to participate in the disbursement of funds remaining in the registry of the court after distribution pursuant to s. 45.031(7). The department shall participate in accordance with applicable procedures in any mortgage foreclosure action in which the department has a duly filed tax warrant, or interests under a lien arising from a judgment, order, or decree for support, as defined in s. 409.2554, or interest in a reemployment assistance tax lien under contract with the Department of Commerce through an interagency agreement pursuant to s. 443.1316, against the subject property and with the same priority, regardless of whether a default against the department, the Department of Commerce, or the former Agency for Workforce Innovation has been entered for failure to file an answer or other responsive pleading.

(b) With respect to a duly filed tax warrant, paragraph (a) applies only to mortgage foreclosure actions initiated on or after July 1, 1994, and to those mortgage foreclosure actions initiated before July 1, 1994, in which no default has been entered against the Department of Revenue before July 1, 1994. With respect to mortgage foreclosure actions initiated based upon interests under a lien arising from a judgment, order, or decree for support, paragraph (a) applies only to mortgage foreclosure actions initiated on or after July 1, 1998, and to those mortgage foreclosure actions initiated before July 1, 1998, in which no default has been entered against the Department of Revenue before July 1, 1998.

History.—ss. 1, 2, 3, ch. 29724, 1955; s. 23, ch. 67-254; s. 1, ch. 70-326; s. 2, ch. 94-314; s. 2, ch. 94-353; s. 12, ch. 98-397; s. 17, ch. 2001-158; s. 3, ch. 2002-218; s. 2, ch. 2003-36; s. 44, ch. 2011-142; s. 4, ch. 2011-213; s. 39, ch. 2012-30; s. 12, ch. 2024-6.

Note.—Former ss. 69.17-69.19.

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Amendments to 69.041

Annotations, Discussions, Cases:

Cases Citing Statute 69.041

Total Results: 4 | Sort by: Relevance | Newest First

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Treasure Salvors, Inc. v. Unidentified Wrecked & Abandoned Sailing Vessel, 459 F. Supp. 507 (S.D. Fla. 1978).

Cited 21 times | Published | District Court, S.D. Florida | 1980 A.M.C. 646, 26 Fed. R. Serv. 2d 121, 1978 U.S. Dist. LEXIS 15924

...The State Constitution authorizes the legislature to waive sovereign immunity. Fla.Const. art. 10 § 13. The legislature has waived immunity and specifically authorized suits to quiet title where the state claims an interest or lien and the plaintiff seeks to execute or foreclose a lien. Section 69.041, Florida Statutes....

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Kirk v. Kennedy, 231 So. 2d 246 (Fla. 2d DCA 1970).

Cited 6 times | Published | Florida 2nd District Court of Appeal

...There is no dispute as to a suit against the Trustees of the Internal Improvement Fund being a suit against the State of Florida and therefore comes within the law of "sovereign immunity." Under the law of sovereign immunity a suit may not be maintained against the State of Florida without its consent. Section 69.041, Fla....

...miss appellees' amended complaint on the ground that the court lacked jurisdiction of the subject matter. There being no dispute as to the fact that the appellants do not have or claim a mortgage or other lien upon the real property involved herein, § 69.041, Fla....

...Brill, Fla.App. 1964, 171 So.2d 229. [2] Seaside Properties, Inc. v. State Road Dept., Fla.App. 1960, 121 So.2d 204. [3] In addition to the authorities cited in the majority opinion, see, also, 81 C.J.S. States § 214, et seq., esp. § 216(c) at p. 1320. [4] § 69.041(1), F.S.A.

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State, Bd. of Trs. v. Pineta Co., 287 So. 2d 126 (Fla. 3d DCA 1973).

Cited 2 times | Published | Florida 3rd District Court of Appeal

...ay depend" (§ 86.011(2) Fla. Stat., F.S.A.), and in view of expressed doubt of plaintiffs regarding their rights under deeds (§ 86.021 Fla. Stat., F.S.A.). In the circumstances presented the actions were maintainable against the State Board, under § 69.041 Fla....

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Metro. Dade Cnty. v. Leslie Enter., Inc., 257 So. 2d 29 (Fla. 1972).

Published | Supreme Court of Florida | 1972 Fla. LEXIS 4004

...and in that event, by operation of law, the title to said property shall revert to the Grantor, its successors or assigns.” *30 By its motion to dismiss petitioner asserted, among other things, immunity from suit under the provisions of Fla.Stat. § 69.041, 1967, stating: “ ....

...llege either a “mortgage” or “other lien” being asserted by the County, then its claim to immunity should be granted. While this suit was in progress and prior to the trial court’s denial of petitioner’s petition for rehearing, Fla.Stat. § 69.041, F....

...ther lien on real or personal property on which the state has or claims a mortgage or other lien.” (Emphasis supplied.) Thus, while the record is not clear on this point, the trial court’s decision apparently involved a construction of Fla.Stat. § 69.041, 1967, even though Fla.Stat. § 69.041, 1970, F.S.A., became applicable because of its remedial nature....

...a reverter clause is a “remedy” and “means employed in enforcing a right or in redressing an injury.” The deed to the petitioner, containing the reverter clause, pri-ma facie constitutes an “adverse interest in the title” under Fla.Stat. § 69.041, 1970, F.S.A....

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