Florida Statute 74.071 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 74
PROCEEDINGS SUPPLEMENTAL TO EMINENT DOMAIN

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F.S. 74.071

74.071 Paying over funds in court.—At any time, prior to the entry of final judgment, and upon motion by the proper defendants, the court may direct that the sum of money set forth in the declaration of taking be paid forthwith to such defendants from the money deposited in the registry of the court. If the compensation awarded for the property by the final judgment shall exceed the amount withdrawn by the defendant, the court shall enter judgment against the petitioner for the deficiency. If the amount withdrawn exceeds the compensation awarded for the property by the final judgment, the court shall enter a judgment against such defendant for the excess, and such judgment shall be a lien against any of the defendant’s property except his or her homestead.

History.—s. 4, ch. 65-369; s. 365, ch. 95-147.

F.S. 74.071 on Google Scholar

F.S. 74.071 on Casetext

Amendments to 74.071

Arrestable Offenses / Crimes under Fla. Stat. 74.071

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 74.071.

Annotations, Discussions, Cases:

Cases Citing Statute 74.071

Total Results: 19

Florida Department of Transportation v. Mallards Cove, LLP

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-06T00:00:00-08:00

Citation: 159 So. 3d 927, 2015 WL 968710

Snippet: money deposited in the registry of the court.” § 74.071 (emphasis added). Finally, the legislature placed

Livingston v. Pat Frank, as Clerk of the Circuit Court of Hillsborough County

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-30T00:00:00-07:00

Citation: 150 So. 3d 239, 2014 WL 3734284, 2014 Fla. App. LEXIS 11613

Snippet: property owner for the excess. See § 74.071. Thus, there may be good reason for the property

Youth for Christ of Sarasota, Inc. v. Sarasota County

Court: Fla. Dist. Ct. App. | Date Filed: 2000-08-02T00:00:00-07:00

Citation: 765 So. 2d 794, 2000 Fla. App. LEXIS 9619, 2000 WL 1056017

Snippet: 74.061, Fla. Stat. (1993). As permitted by section 74.071, Florida Statutes (1993), the landowner withdrew…compensation award to the landowner. Pursuant to section 74.071, the County obtained a final judgment of $57,275.57

Pierpont v. Lee County

Court: Fla. | Date Filed: 1998-03-11T23:53:00-08:00

Citation: 710 So. 2d 958

Snippet: such funds pending entry of the final judgment. § 74.071, Fla. Stat. (1993). Of particular significance

Lee County v. Pierpont

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-23T23:53:00-08:00

Citation: 693 So. 2d 994

Snippet: prior to entry of final judgment. See §§ 74.011 74.071, Fla.Stat. (1993). An "offer" has been

Broward County v. Carney

Court: Fla. Dist. Ct. App. | Date Filed: 1991-09-04T00:00:00-07:00

Citation: 586 So. 2d 425, 1991 Fla. App. LEXIS 8559, 1991 WL 167851

Snippet: find no abuse of discretion and note that section 74.071 provides: If the compensation awarded for the property

DIV. OF ADMIN., STATE, DOT v. Grossman

Court: Fla. Dist. Ct. App. | Date Filed: 1989-01-09T23:53:00-08:00

Citation: 536 So. 2d 1181

Snippet: condemnor receives title to the property. Section 74.071. However, the landowner's constitutional right

Florida Bar v. Staley

Court: Fla. | Date Filed: 1984-10-04T00:00:00-07:00

Citation: 457 So. 2d 489, 9 Fla. L. Weekly 432, 1984 Fla. LEXIS 3473

Snippet: governing trust accounts. Costs in the amount of $1,074.71 is hereby taxed against respondent. It is so ordered

Ago

Court: Fla. Att'y Gen. | Date Filed: 1980-05-15T00:53:00-07:00

Snippet: thereof. Accord: Attorney General Opinions 074-17 and 074-71. You have included with your inquiry a copy of

Hatch v. Minot

Court: Fla. Dist. Ct. App. | Date Filed: 1979-03-13T23:53:00-08:00

Citation: 369 So. 2d 974

Snippet: such a withdrawal under the provisions of Section 74.071. [3] The genesis of the rule is considered to

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-08-19T00:53:00-07:00

Snippet: the total fee income of his office. . . . See AGO 074-71. Moreover, pursuant to s. 218.35, F. S., the tax

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-12-02T23:53:00-08:00

Snippet: deposited in the registry of court." Section 74.071, F.S. Section 28.24(14), F.S., provides the fee

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-12-22T23:53:00-08:00

Snippet: otherwise by the courts. Attorney General Opinion 074-71. It is therefore my opinion that the tax collector

Carlon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1974-10-31T00:00:00-08:00

Citation: 302 So. 2d 833, 1974 Fla. App. LEXIS 9197

Snippet: PER CURIAM. Affirmed. No. 74-71 District Court of Appeal of Florida fladistctapp Fla

In the Interest of J. G. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1974-06-18T00:00:00-07:00

Citation: 296 So. 2d 494, 1974 Fla. App. LEXIS 6948

Snippet: judgment appealed is hereby affirmed. No. 74-71 District Court of Appeal of Florida fladistctapp

Seaboard Coast Line Railroad v. Cox ex rel. Caldwell

Court: Fla. Dist. Ct. App. | Date Filed: 1974-04-17T00:00:00-07:00

Citation: 292 So. 2d 449, 1974 Fla. App. LEXIS 10357

Snippet: Appeal dismissed. No. 74-71 District Court of Appeal of Florida fladistctapp Fla. Dist

O'SULLIVAN v. City of Deerfield Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1970-02-24T23:53:00-08:00

Citation: 232 So. 2d 33

Snippet: compensation vests in the land owners. In Section 74.071, F.S. 1967, F.S.A., it is provided that the monies

Housing Authority of the City of Melbourne v. Richardson

Court: Fla. Dist. Ct. App. | Date Filed: 1967-03-21T00:00:00-08:00

Citation: 196 So. 2d 489, 1967 Fla. App. LEXIS 5045

Snippet: Tallahassee B. & T. Co., Fla.1958, 108 So.2d 74; 71 A.L.R.2d 568; Standard Oil Co. v. City of Tallahassee

HOUS. AUTH. OF CITY OF MELBOURNE v. Richardson

Court: Fla. Dist. Ct. App. | Date Filed: 1967-03-20T23:53:00-08:00

Citation: 196 So. 2d 489

Snippet: Tallahassee B. & T. Co., Fla. 1958, 108 So.2d 74; 71 A.L.R.2d 568; Standard Oil Co. v. City of Tallahassee