Florida Statute 74.71 - Full Text and Legal Analysis

The 2025 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 If the compensation awarded for the property by the final judgment shall exceed the amount withdrawn by the defendant, the court shall enter judgment against the petitioner for the deficiency. If the amount withdrawn exceeds the compensation awarded for the property by the final judgment, the court shall enter a judgment against such defendant for the excess, and such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.

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Amendments to 74.071

Annotations, Discussions, Cases:

Cases Citing Statute 74.071

Total Results: 9

O'SULLIVAN v. City of Deerfield Beach

232 So. 2d 33

District Court of Appeal of Florida | Filed: Feb 25, 1970 | Docket: 1297478

Cited 10 times | Published

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

Hatch v. Minot

369 So. 2d 974

District Court of Appeal of Florida | Filed: Mar 14, 1979 | Docket: 169512

Cited 5 times | Published

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

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

536 So. 2d 1181, 1989 WL 600

District Court of Appeal of Florida | Filed: Jan 10, 1989 | Docket: 1760001

Cited 4 times | Published

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

Pierpont v. Lee County

710 So. 2d 958, 1998 WL 107949

Supreme Court of Florida | Filed: Mar 12, 1998 | Docket: 1445194

Cited 3 times | Published

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

Florida Department of Transportation v. Mallards Cove, LLP

159 So. 3d 927, 2015 WL 968710

District Court of Appeal of Florida | Filed: Mar 6, 2015 | Docket: 60246711

Cited 2 times | Published

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

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

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 433558

Published

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

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

District Court of Appeal of Florida | Filed: Aug 2, 2000 | Docket: 64799867

Published

74.061, Fla. Stat. (1993). As permitted by section 74.071, Florida Statutes (1993), the landowner withdrew

Broward County v. Carney

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

District Court of Appeal of Florida | Filed: Sep 4, 1991 | Docket: 64661764

Published

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

Ago

Florida Attorney General Reports | Filed: Dec 3, 1975 | Docket: 3257679

Published

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