Florida Statutes
Fla. Stat. § 74.011 (2025)
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✓ 2025 Florida Statutes — current through the 2025 Regular Session
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74.011 Scope.—In any eminent domain action, properly instituted by and in the name of the state; the Department of Transportation; any county, school board, municipality, expressway authority, regional water supply authority, transportation authority, flood control district, or drainage or subdrainage district; the ship canal authority; any lawfully constituted housing, port, or aviation authority; or any rural electric cooperative, telephone cooperative corporation, or public utility corporation, the petitioner may avail itself of the provisions of this chapter to take possession and title in advance of the entry of final judgment.
History.—s. 4, ch. 65-369; ss. 23, 35, ch. 69-106; s. 1, ch. 69-300; s. 1, ch. 78-422; s. 1, ch. 83-113; s. 55, ch. 90-136; s. 4, ch. 90-303; s. 9, ch. 91-265; s. 1, ch. 2002-183; s. 51, ch. 2006-60.
Notes of Decisions
Cited in 9
cases, 1971–2012 · leading case: Florida Dep't of Agric. & Consum. Servs. v. Mendez, 98 So. 3d 604 (Fla. 4th DCA 2012).
Florida Dep't of Agric. & Consum. Servs. v. Mendez, 98 So. 3d 604 (Fla. 4th DCA 2012). “rol district, or drainage or subdrainage district; the ship canal authority; any lawfully constituted housing, port, or aviation authority; the Spaceport Florida Authority; or any rural electric cooperative, telephone cooperative corporation, or public utility corporation, the…”
Fla. Power Corp. v. Gulf Ridge Council, 385 So. 2d 1155 (Fla. 2d DCA 1980). “01, Florida Statutes (1977) and Section 74.011, Florida Statutes (1978 Supp.”
STATE, DOT v. LaBelle Phoenix Corp., 696 So. 2d 947 (Fla. 2d DCA 1997). “§ 74.011, Fla. Stat. (1995). When an action brought pursuant to both chapters results in an award of benefits to the property owner, as it did in this case, attorney's fees are assessed based upon those benefits.”
Seadade Indus., Inc. v. Florida Power & Light Co., 245 So. 2d 209 (Fla. 1971). “Concurrently, the Utility sought possession in advance of judgment as provided for by Fla. Stat. § 74.011 , F.S.A.; a Declaration of Taking was filed pursuant to Fla.”
Florida Water Servs. Corp. v. Utils. Com'n, 790 So. 2d 501 (Fla. 5th DCA 2001). “Florida Water Services Corporation appeals a non-final order of taking entered in favor of the Utilities Commission, City of New Smyrna Beach, Florida, pursuant to the "quick take" procedure authorized by section 74.011, Florida Statutes (1999). Florida Water argues that the…”
Alabama Elec. Coop., Inc., a Foreign Corp. v. First Nat'l Bank of Akron, Ohio, 684 F.2d 789 (1st Cir. 1982). “Since Florida rural electric cooperatives enjoy the power of eminent domain, see Fla.Stat.Ann. § 74.011 (1973), a foreign cooperative meeting the requirements of § 425.”
Pichowski v. Florida Gas Transmission Co., 857 So. 2d 219 (Fla. 2d DCA 2003). “Section 74.011 specifies that certain entities, including public utility corporations, may use the quick-take procedures contained in section 74.”
Lee Cnty. v. Pierpont, 693 So. 2d 994 (Fla. 2d DCA 1997). “See §§ 74.011 74.071, Fla.Stat. (1993). An "offer" has been defined as follows: A proposal to do a thing or pay an amount, usually accompanied by an expected acceptance, counter-offer, return promise or act.”
Taylor v. Tampa Elec. Co., 335 So. 2d 349 (Fla. 2d DCA 1976). “Fla.Stat. § 74.011 (1975) provides that certain privately owned utility cooperatives or corporations may avail themselves of the chapter to acquire a “quick taking.”
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