Florida Statute 69.041 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 69
MISCELLANEOUS PROCEDURAL MATTERS

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F.S. 69.041

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.

F.S. 69.041 on Google Scholar

F.S. 69.041 on Casetext

Amendments to 69.041

Arrestable Offenses / Crimes under Fla. Stat. 69.041

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 69.041.

Annotations, Discussions, Cases:

Cases Citing Statute 69.041

Total Results: 9

WHITNEY BANK, a Mississippi state v. Von Daniel Grant Jr., and Lisa D. Grant

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-07T00:00:00-07:00

Citation: 223 So. 3d 476, 2017 WL 3360822, 2017 Fla. App. LEXIS 11399

Snippet: owed on the note in the principal amount of $45,069.41, plus accrued interest, late fees, costs of collection

STATE, BOARD OF TRUSTEES v. Pineta Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1973-12-17T23:53:00-08:00

Citation: 287 So. 2d 126

Snippet: were maintainable against the State Board, under § 69.041 Fla. Stat., F.S.A.; and see State Road Department

Metropolitan Dade County v. Leslie Enterprises, Inc.

Court: Fla. | Date Filed: 1972-01-05T00:00:00-08:00

Citation: 257 So. 2d 29, 1972 Fla. LEXIS 4004

Snippet: construction of Fla.Stat. § 69.041, 1967, even though Fla.Stat. § 69.041, 1970, F.S.A., became applicable…immunity from suit under the provisions of Fla.Stat. § 69.041, 1967, stating: “ . . . the state may be named …petitioner’s petition for rehearing, Fla.Stat. § 69.041, F. S.A. was amended, effectively July 1, 1970,…adverse interest in the title” under Fla.Stat. § 69.041, 1970, F.S.A. The petition for writ of certiorari

Kirk v. Kennedy

Court: Fla. Dist. Ct. App. | Date Filed: 1970-02-05T23:53:00-08:00

Citation: 231 So. 2d 246

Snippet: the State of Florida without its consent. Section 69.041, Fla. Stat. 1967, F.S.A., provides that the State… lien upon the real property involved herein, § 69.041, Fla. Stat. 1967, F.S.A., may not be relied upon… 214, et seq., esp. § 216(c) at p. 1320. [4] § 69.041(1), F.S.A. 69-400 District Court of

Waterman v. Graham

Court: Fla. Dist. Ct. App. | Date Filed: 1969-12-11T23:53:00-08:00

Citation: 228 So. 2d 925

Snippet: , Appellant, v. Donald W. GRAHAM, Appellee. No. 69-41. District Court of Appeal of Florida. Second District….2d 1105, 1107. [5] See, n. 2, supra. 69-41 District Court of Appeal of Florida fladistctapp

Wilkes v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1969-09-09T00:00:00-07:00

Citation: 226 So. 2d 718, 1969 Fla. App. LEXIS 7649

Snippet: PER CURIAM. ' Affirmed. No. 69-41 District Court of Appeal of Florida fladistctapp

Southeast Title and Insurance Company v. Collins

Court: Fla. Dist. Ct. App. | Date Filed: 1969-07-22T00:53:00-07:00

Citation: 226 So. 2d 247

Snippet: Corporation, a Florida Corporation, Appellees. No. 69-41. District Court of Appeal of Florida. Fourth District…affirmed. CROSS, C.J., and McCAIN, J., concur. 69-41 District Court of Appeal of Florida fladistctapp

Robson Link & Co. v. Leedy Wheeler & Co.

Court: Fla. | Date Filed: 1944-06-13T00:00:00-07:00

Citation: 18 So. 2d 523, 154 Fla. 596, 1944 Fla. LEXIS 768

Snippet: $49,262.93 Less: Reserve for Depreciation 7,453.69 41,809.24 ---------- ----------- TOTAL LIABILITIES

Metcalf v. Leedy, Wheeler & Co.

Court: Fla. | Date Filed: 1939-09-29T00:00:00-08:00

Citation: 191 So. 690, 140 Fla. 149, 1939 Fla. LEXIS 1071

Snippet: certificates were purchased by appellees for $13,069.41. The trade was consummated about December 4, 1935