Florida Statutes

Fla. Stat. § 173.02 (2025)

Proceedings in rem against the lands.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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173.02 Proceedings in rem against the lands.—Suits for the foreclosure of tax liens and special assessments under this chapter shall be in the nature of proceedings in rem against the lands upon which said taxes or special assessments are a lien or liens, and it shall not be material that the ownership of said lands be correctly alleged in said proceedings or that parties having an interest or interests in or liens or claims upon said lands be made parties to such proceedings by name or description or be served with process therein, except as hereinafter provided. In any such suit as many lots, parcels or tracts of land, regardless of ownership, and as many tax liens, tax certificates and assessment liens may be included in one suit as the complainant may desire. Any judgment or decree that may be rendered in any such suit shall be enforceable only against such lands.

History.—s. 2, ch. 15038, 1931; CGL 1936 Supp. 3004(3).

Notes of Decisions

Cited in 4 cases, 1971–2010 · leading case: City of Jacksonville v. Sohn, 616 So. 2d 1173 (Fla. 1st DCA 1993).

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City of Jacksonville v. Sohn, 616 So. 2d 1173 (Fla. 1st DCA 1993). · cites it 2× “" Section 173.02, Florida Statutes, provides that "[s]uits for the foreclosure of tax liens and special assessments .”

Dade Cnty. v. Certain Lands, 247 So. 2d 787 (Fla. 3d DCA 1971). “” Section 173.02 Fla.Stat, F.S.A., invoked here as authorized in the ordinance, provides for foreclosure of tax liens and special assessment liens by a suit in rem against the lands upon which the liens are imposed.”

Ismael v. Certain Lands upon which Special Assessments are Delinquent, 51 So. 3d 583 (Fla. 3d DCA 2010). · cites it 2× “The lienholder proceeded under section 173.02, Florida Statutes (2005), which provides for actions in rem to foreclose upon outstanding special assessment liens.”

Simkins Indus., Inc. v. City of Kissimmee, 669 So. 2d 1170 (Fla. 5th DCA 1996). “1992); § 173.02, Florida Statute (1991). PETERSON, C.”

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