Florida Statutes
Fla. Stat. § 95.36 (2025)
Dedications to municipalities or counties for park purposes.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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95.36 Dedications to municipalities or counties for park purposes.—
(1) Dedications of land to municipalities or counties for park purposes that have been recorded for 30 years shall not be challenged by the dedicator or any other person when the land has been put to some municipal or county use during the period of dedication or has been conveyed by the municipality or county by a deed recorded for 7 years, and all rights of the dedicator and all other persons in the land are terminated.
(2) When dedications of land to municipalities or counties for park purposes have been put to some municipal or county use, the dedication was accepted by written instrument or by actions constituting acceptance, and the municipality or county vacates the park and the ordinance or resolution vacating it recites that the municipality or county is surrendering all of its title to the dedicated land, the fee simple title shall not be challenged in any action by any person, except in cases of fraud, and the rights of all persons except the owner of the fee simple title are terminated.
(3) Any funds accruing to a municipality or county from the sale of dedicated lands pursuant to this section shall be used for park purposes.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1966–2022 · leading case: 1000 Brickell, Ltd., Etc. v. City of Miami (Fla. 3d DCA 2022).
1000 Brickell, Ltd., Etc. v. City of Miami (Fla. 3d DCA 2022). “For the reasons that follow, we reverse in part1 the final summary judgment, because it was entered upon an erroneous construction and application of section 95.36, Florida Statutes (1974). FACTUAL AND PROCEDURAL BACKGROUND In 1974, Allen Morris, through his company, 1000…”
1000 Brickell, Ltd., Etc. v. City of Miami (Fla. 3d DCA 2022). “18, which specifically addresses reverter clauses—would control over the more general provision contained in section 95.36, thus leading us to the same result.”
City of Miami v. E. Realty Co., 202 So. 2d 760 (Fla. 3d DCA 1967). “The appellant's second contention, which is that under § 95.36, Fla. Stat., F.S.A., the continued existence of the dedication for thirty years rendered it impervious to challenge, appears to be inapplicable here.”
Kelley v. City of Cocoa, 188 So. 2d 71 (Fla. Dist. Ct. App. 1966). “After a hearing on the motion by appellees for summary final decree the court entered its summary final decree in which it stated that F.S.A. § 95.36 was applicable so that the appellants’ rights were terminated and void.”
— 95.36(1) — 2 cases
1000 Brickell, Ltd., Etc. v. City of Miami (Fla. 3d DCA 2022). “18, which specifically addresses reverter clauses—would control over the more general provision contained in section 95.36, thus leading us to the same result.”
1000 Brickell, Ltd., Etc. v. City of Miami (Fla. 3d DCA 2022). “For the reasons that follow, we reverse in part1 the final summary judgment, because it was entered upon an erroneous construction and application of section 95.36, Florida Statutes (1974). FACTUAL AND PROCEDURAL BACKGROUND In 1974, Allen Morris, through his company, 1000…”
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