Florida Statute 74.091 | 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. 74.091

74.091 Effect of failure to pay final judgment.—Where an order of taking has been entered and deposit made, the failure of the petitioner to pay into the court the compensation ascertained by the jury shall not invalidate said judgment or the title of the petitioner, and such failure shall not authorize any person to molest, interfere with, enter or trespass upon said property; provided, however, persons lawfully entitled to compensation may sue out execution, in the event a timely appeal has not been filed, and such execution may be levied upon the property so condemned and any other property of the petitioner in the same manner as executions are levied in common-law actions.

History.—s. 4, ch. 65-369.

F.S. 74.091 on Google Scholar

F.S. 74.091 on Casetext

Amendments to 74.091

Arrestable Offenses / Crimes under Fla. Stat. 74.091

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 74.091.

Annotations, Discussions, Cases:

Cases Citing Statute 74.091

Total Results: 20

Byrd, The Florida Senate v. Black Voters Matter Capacity Building Institute, Inc., Equal Ground Education Fund, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-01T00:00:00-08:00

Snippet: , 507 U.S. at 41)); Abrams v. Johnson, 521 U.S. 74, 91–92 (1997) (“As we have noted before, § 2 does not

THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. RAYMOND A. DELLASELVA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-12T23:53:00-08:00

Snippet: judgment. (4) Notwithstanding s. 74.091, a judgment for monetary damages …and (4) unconstitutionally conflict with section 74.091, Florida Statutes (2015), which provides property

THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. RAYMOND A. DELLASELVA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-12T23:53:00-08:00

Snippet: judgment. (4) Notwithstanding s. 74.091, a judgment for monetary damages …and (4) unconstitutionally conflict with section 74.091, Florida Statutes (2015), which provides property

Toby Bogorff, Robert Bogorff, Beth Garcia, Ronald Garcia, Robert Pearce, Barbara Pearce and Timothy Donald Farley, etc. v. Florida Department of Agriculture And Consumer Services and The Florida Commissioner Agriculture

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-04T00:00:00-07:00

Citation: 191 So. 3d 512, 2016 Fla. App. LEXIS 6867

Snippet: alternative remedy.- . . Notwithstanding s. 74.091, a judgment for monetary damages against the state

Florida Department of Agriculture & Consumer Services v. Mendez

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-10T00:00:00-07:00

Citation: 126 So. 3d 1192, 2012 WL 4795722, 2012 Fla. App. LEXIS 17452

Snippet: entitled to invoke the remedies provided in section 74.091, Florida Statutes, without first petitioning the

Florida Department of Agriculture & Consumer Services v. Mendez

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-25T00:00:00-07:00

Citation: 98 So. 3d 604, 2012 WL 3023214, 2012 Fla. App. LEXIS 12116

Snippet: for a taking, and that another statute, section 74.091, Florida Statutes (2000),2 serves as an exception…compulsory, the trial court held that the section 74.091 exception applied, so that the class could seek…section 11.066 “[took] precedence over [s]ection 74.091, even in these circumstances.” The class’s remedy…Palm Beach order was the application of section 74.091 to allow the issuance of a writ of execution. However…Control Dist., 604 So.2d 452, 455 (Fla.1992). Section 74.091 is found in chapter 74, which involves “proceedings

Victorino v. State

Court: Fla. | Date Filed: 2009-11-25T00:00:00-08:00

Citation: 23 So. 3d 87, 34 Fla. L. Weekly Supp. 645, 2009 Fla. LEXIS 1954, 2009 WL 4061285

Snippet: non-statutory mitigators); Lugo v. State, 845 So.2d 74, 91-92 (Fla.2003) (affirming two death sentences where

Lugo v. State

Court: Fla. | Date Filed: 2008-10-08T00:00:00-07:00

Citation: 2 So. 3d 1, 33 Fla. L. Weekly Supp. 824, 2008 Fla. LEXIS 1918, 2008 WL 4489274

Snippet: first-degree felony. See Lugo v. State, 845 So.2d 74, 91 n. 30 (Fla.2003). Most of these convictions arose

FL. DEPT. OF ENVIRONMENTAL PROTECTION v. Contractpoint Florida Parks, LLC

Court: Fla. | Date Filed: 2008-07-10T00:53:00-07:00

Citation: 986 So. 2d 1260

Snippet: appropriation to pay the judgment. (4) Notwithstanding s. 74.091,[[3]] a judgment for monetary damages against the…appropriation to pay the judgment. (4) Notwithstanding s. 74.091, a judgment for monetary damages against the state… enacted in 1991. [3] The exception in section 74.091, Florida Statutes (2007), is not applicable here…executions are levied in common-law actions." § 74.091, Fla. Stat. (2007). [4] In fact, the only other

Harrell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-03-04T23:53:00-08:00

Citation: 689 So. 2d 400

Snippet: 88 L.Ed.2d 15 (1985); Dutton v. Evans, 400 U.S. 74, 91 S.Ct. 210, 27 L.Ed.2d 213 (1970)(plurality opinion

Jaggers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-12-19T23:53:00-08:00

Citation: 536 So. 2d 321

Snippet: .2d 144 (1987) (citing Dutton v. Evans, 400 U.S. 74, 91 S.Ct. 210, 27 L.Ed.2d 213 (1970)). The exception

Cook v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-09-27T00:53:00-07:00

Citation: 531 So. 2d 1369

Snippet: of reliability.[1]See Dutton v. Evans, 400 U.S. 74, 91 S.Ct. 210, 27 L.Ed.2d 213 (1970); cf., Bourjaily

Maugeri v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1984-12-17T23:53:00-08:00

Citation: 460 So. 2d 975

Snippet: prosecution. See also Dutton v. Evans, 400 U.S. 74, 91 S.Ct. 210, 27 L.Ed.2d 213 (1970); United States

Palmer v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1984-04-05T00:00:00-08:00

Citation: 448 So. 2d 55, 1984 Fla. App. LEXIS 12663

Snippet: the hearsay rule. See Dutton v. Evans, 400 U.S. 74, 91 S.Ct. 210, 27 L.Ed.2d 213 (1970); Breedlove v.

Ago

Court: Fla. Att'y Gen. | Date Filed: 1984-01-25T23:53:00-08:00

Snippet: office of the state attorney. See, Title to Ch. 74-91, Laws of Florida, the enabling legislation for s

Brown v. State

Court: Fla. | Date Filed: 1979-01-31T23:53:00-08:00

Citation: 367 So. 2d 616

Snippet: plurality opinion in Dutton v. Evans, 400 U.S. 74, 91 S.Ct. 210, 27 L.Ed.2d 213 (1970), cited with approval

Crain v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1975-02-28T00:00:00-07:00

Citation: 309 So. 2d 83, 1975 Fla. App. LEXIS 19861

Snippet: PER CURIAM. Affirmed. No. 74-91 District Court of Appeal of Florida fladistctapp Fla

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-11-13T23:53:00-08:00

Snippet: State v. Lee, 163 So. 859 (Fla. 1935). Cf. Ch. 74-91, Laws of Florida, effective July 1, 1974; and Department

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-10-17T00:53:00-07:00

Snippet: QUESTIONS: 1. To what extent, if any, does Ch. 74-91, Laws of Florida, apply to or delimit payment of…the effective date of the act? SUMMARY: Chapter 74-91, Laws of Florida, authorizing components of state…answered in the negative. AS TO QUESTION 1: Chapter 74-91, Laws of Florida [s. 216.345, F. S. (1974 Supp.)…supplied.) It is thus apparent that the subject of Ch. 74-91, Laws of Florida, is the payment by a component …the district is not affected by the terms of Ch. 74-91, Laws of Florida, with regard to the payment of

Hartford Accident & Indem. Co. v. Orlow

Court: Fla. Dist. Ct. App. | Date Filed: 1974-09-17T00:53:00-07:00

Citation: 300 So. 2d 36

Snippet: COMPANY, Appellant, v. Jay ORLOW, Appellee. No. 74-91. District Court of Appeal of Florida, Third District… herein appealed is affirmed. Affirmed. 74-91 District Court of Appeal of Florida fladistctapp