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Florida Statute 72.011 | Lawyer Caselaw & Research
F.S. 72.011 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 72
TAX MATTERS
View Entire Chapter
F.S. 72.011
72.011 Jurisdiction of circuit courts in specific tax matters; administrative hearings and appeals; time for commencing action; parties; deposits.
(1)(a) A taxpayer may contest the legality of any assessment or denial of refund of tax, fee, surcharge, permit, interest, or penalty provided for under s. 125.0104, s. 125.0108, chapter 198, chapter 199, chapter 201, chapter 202, chapter 203, chapter 206, chapter 207, chapter 210, chapter 211, chapter 212, chapter 213, chapter 220, s. 379.362(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185, s. 538.09, s. 538.25, chapter 550, chapter 561, chapter 562, chapter 563, chapter 564, chapter 565, chapter 624, or s. 681.117 by filing an action in circuit court; or, alternatively, the taxpayer may file a petition under the applicable provisions of chapter 120. However, once an action has been initiated under s. 120.56, s. 120.565, s. 120.569, s. 120.57, or s. 120.80(14)(b), no action relating to the same subject matter may be filed by the taxpayer in circuit court, and judicial review shall be exclusively limited to appellate review pursuant to s. 120.68; and once an action has been initiated in circuit court, no action may be brought under chapter 120.
(b) A taxpayer may not file an action under paragraph (a) to contest an assessment or a denial of refund of any tax, fee, surcharge, permit, interest, or penalty relating to the statutes listed in paragraph (a) until the taxpayer complies with the applicable registration requirements contained in those statutes which apply to the tax for which the action is filed.
(2)(a) An action may not be brought to contest an assessment of any tax, interest, or penalty assessed under a section or chapter specified in subsection (1) more than 60 days after the date the assessment becomes final. An action may not be brought to contest a denial of refund of any tax, interest, or penalty paid under a section or chapter specified in subsection (1) more than 60 days after the date the denial becomes final.
(b) The date on which an assessment or a denial of refund becomes final and procedures by which a taxpayer must be notified of the assessment or of the denial of refund must be established:
1. By rule adopted by the Department of Revenue;
2. With respect to assessments or refund denials under chapter 207, by rule adopted by the Department of Highway Safety and Motor Vehicles;
3. With respect to assessments or refund denials under chapters 210, 550, 561, 562, 563, 564, and 565, by rule adopted by the Department of Business and Professional Regulation; or
4. With respect to taxes that a county collects or enforces under s. 125.0104(10) or s. 212.0305(5), by an ordinance that may additionally provide for informal dispute resolution procedures in accordance with s. 213.21.
(c) The applicable department or county need not file or docket an assessment or a refund denial with the agency clerk or county official designated by ordinance in order for the assessment or refund denial to become final for purposes of an action initiated under this chapter or chapter 120.
(3) In any action filed in circuit court contesting the legality of any tax, interest, or penalty assessed under a section or chapter specified in subsection (1), the plaintiff must:
(a) Pay to the applicable department or county the amount of the tax, penalty, and accrued interest assessed by the department or county which is not being contested by the taxpayer; and either
(b)1. Tender into the registry of the court with the complaint the amount of the contested assessment complained of, including penalties and accrued interest, unless this requirement is waived in writing by the executive director of the applicable department or by the county official designated by ordinance; or
2. File with the complaint a cash bond or a surety bond for the amount of the contested assessment endorsed by a surety company authorized to do business in this state, or by any other security arrangement as may be approved by the court, and conditioned upon payment in full of the judgment, including the taxes, costs, penalties, and interest, unless this requirement is waived in writing by the executive director of the applicable department or by the county official designated by ordinance.

Failure to pay the uncontested amount as required in paragraph (a) shall result in the dismissal of the action and imposition of an additional penalty in the amount of 25 percent of the tax assessed. Provided, however, that if, at any point in the action, it is determined or discovered that a plaintiff, due to a good faith de minimis error, failed to comply with any of the requirements of paragraph (a) or paragraph (b), the plaintiff shall be given a reasonable time within which to comply before the action is dismissed. For purposes of this subsection, there shall be a rebuttable presumption that if the error involves an amount equal to or less than 5 percent of the total assessment the error is de minimis and that if the error is more than 5 percent of the total assessment the error is not de minimis.

(4)(a) Except as provided in paragraph (b), an action initiated in circuit court pursuant to subsection (1) shall be filed in the Second Judicial Circuit Court in and for Leon County or in the circuit court in the county where the taxpayer resides, maintains its principal commercial domicile in this state, or, in the ordinary course of business, regularly maintains its books and records in this state.
(b) Venue in an action initiated in circuit court pursuant to subsection (1) by a taxpayer that is not a resident of this state or that does not maintain a commercial domicile in this state shall be in Leon County. Venue in an action contesting the legality of an assessment or refund denial arising under chapter 198 shall be in the circuit court having jurisdiction over the administration of the estate.
(5) The requirements of subsections (1), (2), and (3) are jurisdictional.
(6) Any action brought under this chapter is not subject to the provisions of chapter 45 as amended by chapter 87-249, Laws of Florida, relating to offers of settlement.
History.s. 11, ch. 81-178; s. 12, ch. 83-217; ss. 1, 9, ch. 84-170; s. 34, ch. 85-342; s. 10, ch. 87-99; s. 1, ch. 87-102; s. 2, ch. 87-198; s. 10, ch. 89-171; s. 100, ch. 90-136; s. 27, ch. 90-203; s. 2, ch. 91-112; s. 18, ch. 92-315; s. 2, ch. 92-320; s. 63, ch. 93-207; ss. 23, 29, ch. 94-353; s. 126, ch. 95-417; s. 48, ch. 96-397; s. 8, ch. 96-410; s. 24, ch. 98-342; s. 26, ch. 99-2; s. 9, ch. 2000-151; ss. 33, 58, ch. 2000-260; s. 38, ch. 2001-140; s. 4, ch. 2002-218; s. 182, ch. 2008-247; s. 2, ch. 2011-76.

F.S. 72.011 on Google Scholar

F.S. 72.011 on Casetext

Amendments to 72.011


Arrestable Offenses / Crimes under Fla. Stat. 72.011
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 72.011.



Annotations, Discussions, Cases:

Cases from cite.case.law:

THOMPSON- HARBACH, v. USAA FEDERAL SAVINGS BANK,, 359 F. Supp. 3d 606 (N.D. Iowa 2019)

. . . . § 72.011(1)(a) (2014) ). . . . STAT. § 72.011(2)(a) ). . . .

DEPARTMENT OF REVENUE, v. M. J. M. A. M. R., 217 So. 3d 1148 (Fla. Dist. Ct. App. 2017)

. . . See, e.g., § 72.011(5), Fla. . . .

AMERICAN HERITAGE WINDOW FASHIONS, LLC, v. DEPARTMENT OF REVENUE,, 191 So. 3d 516 (Fla. Dist. Ct. App. 2016)

. . . Section 72.011(2)(a), Florida Statutes (2009), provides that an action to contest the assessment of certain . . . See § 72.011(l)(a), (2)(a) (providing right to administrative or judicial .review and establishing time . . . American Heritage thus contends that the Department misinterpreted section 72.011(2)(a) by characterizing . . . In relevant part, section 72.011 provides as follows: (1)(a) A taxpayer may contest the legality of any . . . In section 72.011(2)(a), then, the legislature established an absolute rule that assessment contests . . .

VERIZON BUSINESS PURCHASING, LLC, v. STATE DEPARTMENT OF REVENUE, A, 164 So. 3d 806 (Fla. Dist. Ct. App. 2015)

. . . In support of its argument, the Department relies upon section 72.011, Florida Statutes (2010), which . . . Section 72.011(l)(a) provides that a “taxpayer may contest the legality of any assessment or denial of . . . Section 72.011(2)(a) provides in part that “[a]n action may not be brought to contest an assessment of . . . As the Department contends, section 72.011(2)(a) supports its position that the Legislature contemplated . . . Nevertheless, we find that neither the language of section 72.011 nor rule 12-6.003 settles the specific . . .

DEPARTMENT OF REVENUE, v. GENERAL MOTORS LLC,, 104 So. 3d 1191 (Fla. Dist. Ct. App. 2012)

. . . the Department, GM challenged the Department’s assessments in the trial court, pursuant to section 72.011 . . .

FLORIDA DEPARTMENT OF REVENUE, v. SEMINOLE TRIBE OF FLORIDA, a, 65 So. 3d 1094 (Fla. Dist. Ct. App. 2011)

. . . In its order and final judgment, the trial court found that it had jurisdiction, pursuant to section 72.011 . . .

DEPARTMENT OF REVENUE, v. SCHOOL BOARD OF HILLSBOROUGH COUNTY,, 62 So. 3d 686 (Fla. Dist. Ct. App. 2011)

. . . See § 72.011, Fla. Stat. (2007). . . .

D. COHEN, v. WORLD OMNI FINANCIAL CORP., 426 F. App'x 766 (11th Cir. 2011)

. . . accommodate taxpayers who pursue administrative and judicial challenges, see, e.g., §§ 215.26(2), (5), 72.011 . . .

AULET, v. M. CASTRO f k a M., 44 So. 3d 140 (Fla. Dist. Ct. App. 2010)

. . . For example, subsection (2) of section 72.011 sets forth a sixty-day limit for contesting the legality . . .

ORANGE COUNTY, v. EXPEDIA, INC. LLC,, 985 So. 2d 622 (Fla. Dist. Ct. App. 2008)

. . . process referenced above will be fully implemented, culminating in a final assessment as per section 72.011 . . .

GOLDEN WEST FINANCIAL CORPORATION, SSB, FSB, f k a WLC s v. FLORIDA DEPARTMENT OF REVENUE,, 975 So. 2d 567 (Fla. Dist. Ct. App. 2008)

. . . Appellants commenced an action in Leon County circuit court pursuant to section 72.011, Florida Statutes . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES O. III, G. v. RENDON, M. J. L. R., 957 So. 2d 647 (Fla. Dist. Ct. App. 2007)

. . . contest a denial of refund of tax, interest, or penalty paid under a section or chapter specified in s. 72.011 . . . (1) pursuant to the provisions of s. 72.011. § 215.26, Fla. . . .

STATE DEPT. OF REVENUE, v. BRIDGER, J., 935 So. 2d 536 (Fla. Dist. Ct. App. 2006)

. . . contends that the taxpayers failed to pursue the administrative remedies outlined in sections 215.26 and 72.011 . . .

INC. f k a a v. STATE DEPARTMENT OF REVENUE,, 896 So. 2d 824 (Fla. Dist. Ct. App. 2005)

. . . Florida Statutes (2001), and that, since PageNet did not fulfill any of the other conditions in section 72.011 . . . a taxpayer can pursue its statutory remedy to challenge an assessment in circuit court, see section 72.011 . . . , Florida Statutes (2001), the taxpayer must comply with one of the conditions set forth in section 72.011 . . . In the motion, PageNet asked the trial court to waive the security requirements of section 72.011 on . . . Simultaneously, pursuant to section 72.011(3)(b)2, PageNet requested from the Department a waiver of . . .

RABIN, v. STATE DEPARTMENT OF REVENUE,, 884 So. 2d 983 (Fla. Dist. Ct. App. 2004)

. . . filed its action to contest a final assessment of corporate income and excise taxes pursuant to section 72.011 . . . taxes and did not allege that the DOR issued a final assessment or denied a refund pursuant to section 72.011 . . . Section 72.011(l)(a)-(b) states: l)(a) A taxpayer may contest the legality of any assessment or denial . . . Section 72.011(4)(a), specifically relating to venue, states: 4)(a) Except as provided in paragraph ( . . . This court recognized that an assessment under section 72.011 “comprehends only two situations:” (1) . . .

DEPARTMENT OF REVENUE, v. SWAGO T- SHIRTS, INC., 877 So. 2d 761 (Fla. Dist. Ct. App. 2004)

. . . time, it filed a motion with the court to approve an alternative security arrangement under section 72.011 . . . Subsection 72.011(3) provides: In any action filed in circuit court contesting the legality of any tax . . . The requirements of section 72.011 are jurisdictional. See § 72.011(5); see also Mirabal v. . . . Ray Constr. of Okaloosa County, 667 So.2d 859, 868 (Fla. 1st DCA 1996) (finding language in 72.011(2) . . . The Department argues that Swago did not satisfy the requirements of 72.011(3)(b) because it did not . . .

DEPARTMENT OF REVENUE, v. PMR RESORTS, INC. a, 868 So. 2d 621 (Fla. Dist. Ct. App. 2004)

. . . PMR challenged the assessment pursuant to section 72.011, Florida Statutes (2000), contending that it . . .

SKFW MANAGEMENT CORP. v. DEPARTMENT OF REVENUE,, 867 So. 2d 1232 (Fla. Dist. Ct. App. 2004)

. . . determined that petitioners were not entitled to a waiver of the bond posting requirement of section 72.011 . . . Plaintiffs requested that the Department waive the bond posting requirements enumerated in section 72.011 . . . Plaintiffs now seek an alternative security arrangement pursuant to section 72.011(3)(b)(2), Florida . . . Under section 72.011, a taxpayer who challenges the legality of a tax assessment in circuit court must . . . Section 72.011(3) clearly applies in the instant case, as it covers “any” action challenging a tax. . . .

NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, v. KLEIN,, 852 So. 2d 866 (Fla. Dist. Ct. App. 2003)

. . . lien granted by law to the state or any of its political subdivisions for any tax enumerated in s. 72.011 . . . An action to collect any tax enumerated in s. 72.011 may not be commenced after the expiration of the . . . Section 72.011 applies to sales tax which is the type of tax appellant is seeking to recover. . . .

DEPARTMENT OF REVENUE, v. VAL- PAK DIRECT MARKETING SYSTEMS, INC. a, 862 So. 2d 1 (Fla. Dist. Ct. App. 2003)

. . . (VPDMS), sued the Florida Department of Revenue (the Department), pursuant to section 72.011, Florida . . .

SEMINOLE GULF RAILWAY, L. P. v. FLORIDA DEPARTMENT OF REVENUE,, 248 F. Supp. 2d 1146 (M.D. Fla. 2003)

. . . . § 72.011. III. A. . . . Stat. § 72.011. . . .

FLORIDA DEPARTMENT OF REVENUE, v. LEON,, 824 So. 2d 197 (Fla. Dist. Ct. App. 2002)

. . . not challenge the assessments or seek refunds within the short time periods prescribed by sections 72.011 . . . filed administrative refund requests within 60 days and/or 3 years of payment, as required by sections 72.011 . . . They argued that state law, including the procedures in sections 72.011 and 215.26, did not provide “ . . . majority of the class failed to challenge their assessment within the 60 day period required by section 72.011 . . . .1999), where the Florida Supreme Court recognized that the administrative remedies provided by section 72.011 . . .

JES PUBLISHING CORPORATION, v. FLORIDA DEPARTMENT OF REVENUE,, 730 So. 2d 854 (Fla. Dist. Ct. App. 1999)

. . . circuit court or asking DOR for an evidentiary hearing at the Division of Administrative Hearings, § 72.011 . . .

DRYDEN, v. MADISON COUNTY,, 727 So. 2d 245 (Fla. 1999)

. . . district court reasoned that Newsweek should have availed itself of the prepayment remedy under section 72.011 . . .

STATE DEPARTMENT OF REVENUE, v. SEMINOLE TRIBE OF FLORIDA, a, 720 So. 2d 270 (Fla. Dist. Ct. App. 1998)

. . . denied the motion, finding that the privilege was waived because the suit was brought under section 72.011 . . . See § 72.011(4)(a). . . . tribe is having to pay sales tax cannot be construed as an “assessment” within the meaning of section 72.011 . . . term “assessment” could include a tax which has already been paid, then the provisions of subsection 72.011 . . . Jul. 29, 1997); it means only that the suit is not within section 72.011. . . .

NEWSWEEK, INC. v. FLORIDA DEPARTMENT OF REVENUE, 522 U.S. 442 (U.S. 1998)

. . . . § 72.011 (1987)). . . .

J. POGGE, v. DEPARTMENT OF REVENUE, STATE OF FLORIDA,, 703 So. 2d 523 (Fla. Dist. Ct. App. 1997)

. . . Department of Revenue (Department) persuaded the circuit court that Pogge’s action was barred by section 72.011 . . . The Department relies upon section 72.011(2), Florida Statutes (1987), and argues that Pogge lost his . . . Pogge also notes that although the Legislature amended section 72.011 in 1991, at all times pertinent . . . to this lawsuit, section 72.011(6), Florida Statutes (1987), provided that section 72.011 “is not applicable . . . Accordingly, the trial court erred by finding that the refund action was barred by section 72.011(2). . . .

SHARPER IMAGE CORPORATION, v. DEPARTMENT OF REVENUE OF STATE OF FLORIDA,, 704 So. 2d 657 (Fla. Dist. Ct. App. 1997)

. . . This court recently determined that the procedure, pursuant to section 72.011, whereby a taxpayer can . . . They had no predeprivation remedy because section 72.011 was not available to contest the liquor taxes . . . In this case, Sharper Image has availed itself of the predeprivation procedure under section 72.011. . . . remedy is out of place here because Sharper Image had an adequate predeprivation procedure in section 72.011 . . .

G. LUSSIER, v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 972 F. Supp. 1412 (M.D. Fla. 1997)

. . . . §§ 72.011, 215.26 (1995)(detailing procedure for seeking refund of tax from state comptroller and securing . . .

STATE DEPARTMENT OF REVENUE, v. C. BAUTA, f k a C., 691 So. 2d 1173 (Fla. Dist. Ct. App. 1997)

. . . See Westring, 682 So.2d at 172; see also § 72.011, Fla. Stat. (1993). . . .

NEWSWEEK, INC. v. DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA, H. F., 689 So. 2d 361 (Fla. Dist. Ct. App. 1997)

. . . paid by Newsweek could properly have been contested in a predeprivation proceeding pursuant to section 72.011 . . . In the present case, the taxpayer could have availed itself of a predeprivation remedy under section 72.011 . . . See § 72.011(1), (3)(b). . . . Nu-Life Health and Fitness Center, 623 So.2d 747 (Fla. 1st DCA 1992)(section 72.011 not an unconstitutional . . . They had no predepri-vation remedy because section 72.011 was not available to contest the liquor taxes . . . I concur on the narrow ground that sections 72.011(1) and 120.575, Florida Statutes (1987), taken together . . .

DEPARTMENT OF REVENUE, v. ACCREDITED SURETY CASUALTY COMPANY, INC., 690 So. 2d 614 (Fla. Dist. Ct. App. 1997)

. . . Accredited filed the action below pursuant to section 72.011(1), Florida Statutes (1993) contesting the . . .

LATIN EXPRESS SERVICE, INC. v. STATE DEPARTMENT OF REVENUE,, 687 So. 2d 1342 (Fla. Dist. Ct. App. 1997)

. . . Pursuant to sections 72.011 and 120.575, Florida Statutes (Supp.1994), and Rule 12-6, Florida Administrative . . . assessments without complying with the prepayment jurisdictional requirements of sections 120.575 and 72.011 . . .

STATE DEPARTMENT OF REVENUE, v. RAY CONSTRUCTION OF OKALOOSA COUNTY,, 667 So. 2d 859 (Fla. Dist. Ct. App. 1996)

. . . Statutes (1993), was tolled by the Department’s failure to promulgate rules as required by section 72.011 . . . We reverse the ruling that the 60-day time limitation of section 72.011(2) was tolled, and remand with . . . Section 72.011(2) provides, in part: (2) No action may be brought to contest an assessment of any tax . . . The requirements of section 72.011(2) are jurisdictional, and therefore, failure to comply precludes . . . By contrast, the statute here, section 72.011(2), plainly states that the 60-day period begins to run . . .

DON S SOD CO. INC. v. DEPARTMENT OF REVENUE, STATE OF FLORIDA,, 661 So. 2d 896 (Fla. Dist. Ct. App. 1995)

. . . circuit court concluded it had no subject matter jurisdiction because of the provisions in section 72.011 . . . Don’s made no attempt to satisfy any of the requirements of section 72.011(3). . . . However, in that case, the constitutionality of section 72.011 was apparently not raised, and it clearly . . . Since this district has not issued an opinion concerning the constitutionality of section 72.011, we . . . Section 72.011(5) provides that the bond/paymenValternative arrangements are “jurisdictional.” . . .

STATE DEPARTMENT OF REVENUE, v. KEMPER INVESTORS LIFE INSURANCE COMPANY,, 660 So. 2d 1124 (Fla. Dist. Ct. App. 1995)

. . . undisputed facts show that on May 4, 1992, Kemper filed its original complaint pursuant to section 72.011 . . . adjustments were uncontested, the assessment must be paid as an uncontested sum pursuant to section 72.011 . . .

LATIN EXPRESS SERVICE, INC. v. STATE DEPARTMENT OF REVENUE,, 660 So. 2d 1059 (Fla. Dist. Ct. App. 1995)

. . . to contest the determination either in circuit court or an administrative forum pursuant to sections 72.011 . . .

O. ZIPPERER, Jr. v. CITY OF FORT MYERS, a No. No. No. No. No. No. a, 41 F.3d 619 (11th Cir. 1995)

. . . Florida Statutes § 72.011 (1988) and § 86.011 (1987) give Florida circuit courts the power to issue declaratory . . .

DEPARTMENT OF REVENUE, v. PRINTING HOUSE,, 644 So. 2d 498 (Fla. 1994)

. . . , PURSUANT TO ARTICLE I, SECTION 22 OF THE FLORIDA CONSTITUTION, IN A TAX REFUND CASE UNDER SECTION 72.011 . . . (1), FLORIDA STATUTES, WHERE ONE OF THE CONDITIONS OF SECTION 72.011(3), FLORIDA STATUTES, HAS BEEN MET . . . PHI’s options under section 72.011(3) included either tendering the contested amount plus penalties and . . .

In COURT DIVISIONS, 648 So. 2d 761 (Fla. Dist. Ct. App. 1994)

. . . Section 39.074 (Decisions of Governor and Cabinet regarding siting of juvenile facilities) (e) Section 72.011 . . .

In GENERAL DEVELOPMENT CORPORATION, FLORIDA DEPARTMENT OF REVENUE v. GENERAL DEVELOPMENT CORPORATION,, 165 B.R. 691 (S.D. Fla. 1994)

. . . . § 214.26, § 26.012(2)(e), § 214.03(2) and § 72.011. . . . Section 72.011 states that “[n]o action may be brought to contest an assessment” of tax “after 60 days . . . See Fla.Stat. § 72.011 (1981). . . . The Debtor argues that § 72.011 suggests that an assessment must be final before suit can be brought . . . Section 72.011 thus is inapplicable. . . .

GULFSTREAM PARK RACING ASSOCIATION, INC. v. STATE DEPARTMENT OF REVENUE,, 633 So. 2d 554 (Fla. Dist. Ct. App. 1994)

. . . against the appellant by the Department of Revenue was timely initiated under sections 120.575 and 72.011 . . .

WJA REALTY LIMITED PARTNERSHIP, d b a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF PARI- MUTUEL WAGERING,, 620 So. 2d 217 (Fla. Dist. Ct. App. 1993)

. . . chapter 551, Florida Statutes, are not included in the concurrént jurisdiction provisions of section 72.011 . . .

HERRE, v. STATE DEPARTMENT OF REVENUE,, 617 So. 2d 390 (Fla. Dist. Ct. App. 1993)

. . . reconsideration of the final jeopardy assessment and requested an administrative hearing pursuant to sections 72.011 . . .

THE PRINTING HOUSE, INC. v. STATE DEPARTMENT OF REVENUE,, 614 So. 2d 1119 (Fla. Dist. Ct. App. 1992)

. . . , PURSUANT TO ARTICLE I, SECTION 22 OF THE FLORIDA CONSTITUTION, IN A TAX REFUND CASE UNDER SECTION 72.011 . . . (1), FLORIDA STATUTES, WHERE ONE OF THE CONDITIONS OF SECTION 72.011(3), FLORIDA STATUTES, HAS BEEN MET . . . . § 72.011, Fla.Stat. (1991). . . . While section 72.011(1), Florida Statutes (1991), provides for circuit court jurisdiction in challenges . . . In the present case DOR argues that section 68.01 controls our determination of whether section 72.011 . . . The fact that section 72.011 is of fairly recent vintage is not determinative. . . . Section 72.011, Florida Statutes (1991), provides: 72.011 Jurisdiction of circuit courts in specific . . .

DEPARTMENT OF REVENUE, v. NU- LIFE HEALTH AND FITNESS CENTER,, 623 So. 2d 747 (Fla. Dist. Ct. App. 1992)

. . . The Department asserts error in the circuit court’s ruling that the provisions in section 72.011(3), . . . We reverse the ruling that section 72.011(3) is unconstitutional and remand with directions to dismiss . . . Section 72.011(3) merely implements this aspect of the court’s decision in North Port Bank. . . . (A similar provision is found in section 72.011(3).) . . . As provided in section 72.011(5), the requirements of section 72.011(3) are jurisdictional. . . . We reiterate that the requirements of section 72.011(3), Florida Statutes (1989), are jurisdictional. . . .

In BEL- AIRE INVESTMENTS, INC., 142 B.R. 992 (Bankr. M.D. Fla. 1992)

. . . . § 72.011. This suit is still pending. . . .

In GENERAL DEVELOPMENT CORPORATION,, 138 B.R. 128 (Bankr. S.D. Fla. 1992)

. . . This conclusion is also supported by the Florida Legislature’s subsequent enactment of Section 72.011 . . . Effective as of October 1, 1981, Section 72.011 was intended to clarify existing law. . . . Taken together, Sections 72.011(1) and (2) reinforce the Court’s conclusion that the DOR assessment became . . . Moreover, upon repeal § 214.26 was replaced with § 72.011, Fla.Stat. (1981), which contains a similar . . . Section 72.011(3), Fla.Stat. (1981). . . .

J. GALLAGHER, Jr. v. DEPARTMENT OF REVENUE STATE OF FLORIDA,, 605 So. 2d 91 (Fla. Dist. Ct. App. 1991)

. . . obtain a waiver of these requirements by the Department of Revenue, all as is required under section 72.011 . . . Section 72.011(3)(b)2, Fla.Stat. . . . 1989) in which the Third District held that appellant, having failed to satisfy the requirements of § 72.011 . . . Since any security arrangement must be “conditioned upon payment in full of the judgment....”, section 72.011 . . .

SEMINOLE ELECTRIC COOPERATIVE, INC. v. THE FLORIDA DEPARTMENT OF REVENUE,, 47 Fla. Supp. 2d 95 (Fla. Cir. Ct. 1991)

. . . This court has jurisdiction pursuant to Florida Statutes § 72.011. . . .

CHESTNUT FLEET RENTALS, INC. A- v. STATE, DEPARTMENT OF REVENUE,, 559 So. 2d 264 (Fla. Dist. Ct. App. 1990)

. . . Stat., which was renumbered in statutory revision as § 72.011, Fla.Stat. (1981). . . . Section 72.011 provides that a taxpayer may contest the legality of any assessment of tax, interest, . . .

OSCEOLA, v. FLORIDA DEPARTMENT OF REVENUE,, 893 F.2d 1231 (11th Cir. 1990)

. . . . § 72.011 (West Supp. 1988) and § 86.011 (West 1987). . . .

MIRABAL, v. STATE DEPARTMENT OF REVENUE,, 553 So. 2d 1297 (Fla. Dist. Ct. App. 1989)

. . . equitable relief and contests the ‘legality of a tax assessment pursuant to Florida Statutes Section 72.011 . . . .’ 2.Under § 72.011(3)(b)l, Fla.Stat., a Plaintiff contesting the legality of any tax, etc., must: ‘( . . . As per § 72.011(5), Fla.Stat., the requirements of § 72.011 are ‘jurisdictional.’ . . . Therefore, without Plaintiff having satisfied any of the requirements of § 72.011, including the alternative . . .

DEPARTMENT OF REVENUE, v. M. E. RUDD C., 545 So. 2d 369 (Fla. Dist. Ct. App. 1989)

. . . no persuasive response to appellant’s alternative contentions that (1) the explicit terms of section 72.011 . . . Section 72.011, Florida Statutes, and companion predecessor statutes have long imposed a requirement . . . levies were put at rest when the legislature amended chapter 194, Florida Statutes, in 1983 and section 72.011 . . . BOOTH, J., dissents with written opinion. . 72.011 Jurisdiction of circuit courts in specific tax matters . . .

DEPARTMENT OF REVENUE, STATE OF FLORIDA, v. F. PAGE,, 541 So. 2d 1270 (Fla. Dist. Ct. App. 1989)

. . . See § 72.011(3), Fla.Stat. (1985). . . . .

HARRIS GRAPHICS CORPORATION, v. OFFICE OF THE COMPTROLLER OF THE STATE FLORIDA,, 540 So. 2d 877 (Fla. Dist. Ct. App. 1989)

. . . beyond the State Comptroller’s jurisdiction because, pursuant to an in pari materia reading of sections 72.011 . . .

OSCEOLA, v. FLORIDA DEPARTMENT OF REVENUE,, 705 F. Supp. 1552 (S.D. Fla. 1989)

. . . . § 72.011 (West Supp.1988) and § 86.011 (West 1987). . . .

DEPARTMENT OF REVENUE, v. IMPERIAL BUILDERS SUPPLY, INC., 519 So. 2d 1030 (Fla. Dist. Ct. App. 1988)

. . . It instituted suit pursuant to section 72.011, Florida Statutes, challenging the legality of a sales . . .

FLORIDA EXPORT TOBACCO CO. INC. v. DEPARTMENT OF REVENUE, 510 So. 2d 936 (Fla. Dist. Ct. App. 1987)

. . . Section 213.19 referred to in this amendment (later codified as section 72.011 in Florida Statutes 1981 . . . by section 72.011 “not applicable to actions for refund for taxes previously paid.” . . . justifiably so, as those provisions had now been made superfluous by the new provisions in section 72.011 . . . Section 72.011, Florida Statutes (1981), reads in full: Jurisdiction of circuit courts in specific tax . . . While we are not required to decide the legal effect of the 1984 and 1985 amendments to section 72.011 . . .

CRONACHER v. FLORIDA DEPARTMENT OF REVENUE, 19 Fla. Supp. 2d 146 (Fla. Cir. Ct. 1986)

. . . JURISDICTION This Court has subject matter jurisdiction under the provisions of F.S. 72.011. . . .

GATEWAY HOSPITAL CORPORATION, v. STATE OF FLORIDA DEPARTMENT OF REVENUE, 20 Fla. Supp. 2d 176 (Fla. Div. Admin. Hearings 1985)

. . . Since 72.011(1), Florida Statutes (1984 Supp.), provides that a taxpayer may contest the legality of . . .

HIMES, v. DEPARTMENT OF REVENUE, STATE OF FLORIDA, 14 Fla. Supp. 2d 4 (Fla. Cir. Ct. 1985)

. . . to pay the disputed tax into the registry of the Court prior to bringing suit as required by Section 72.011 . . . Thereafter, in an apparent attempt to comply with Section 72.011, F.S., Plaintiff filed an amended complaint . . . Complaint, Plaintiff paid the tax, penalty, and interest attributable to him as required by Section 72.011 . . . to determine the class and by Defendant to require compliance with the payment provisions of Section 72.011 . . . Plaintiff in New Smyrna Beach and who would register with the Department and otherwise comply with Section 72.011 . . .