Florida Statute 197.602 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 197
TAX COLLECTIONS, SALES, AND LIENS

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F.S. 197.602

197.602 Reimbursement required in challenges to the validity of a tax deed.—

(1) If a party successfully challenges the validity of a tax deed in an action at law or equity, but the taxes for which the tax deed was sold were not paid before the tax deed was issued, the party shall pay to the party against whom the judgment or decree is entered:

(a) The amount paid for the tax deed and all taxes paid upon the land, together with 12 percent interest thereon per year from the date of the issuance of the tax deed;

(b) All legal expenses in obtaining the tax deed, including publication of notice and clerk’s fees for issuing and recording the tax deed; and

(c) The fair cash value of all maintenance and permanent improvements made upon the land by the holders under the tax deed.

(2) In an action to challenge the validity of a tax deed, the prevailing party is entitled to all reasonable litigation expenses, including attorney’s fees.

(3) The court shall determine the amount of the expenses for which a party shall be reimbursed. The tax deed holder or anyone holding under the tax deed has a prior lien on the land for the payment of the expenses that must be reimbursed to such persons.

History.—s. 64, ch. 4322, 1895; GS 592; s. 61, ch. 5596, 1907; RGS 795; s. 3, ch. 12409, 1927; CGL 1026; ss. 1, 2, ch. 23637, 1947; ss. 1, 2, ch. 69-55; s. 1, ch. 72-268; s. 50, ch. 77-104; s. 47, ch. 82-226; s. 199, ch. 85-342; s. 52, ch. 2011-151.

Note.—Former ss. 196.07, 197.310, 197.166, 197.353.

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Amendments to 197.602

Arrestable Offenses / Crimes under Fla. Stat. 197.602

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 197.602.

Annotations, Discussions, Cases:

Cases Citing Statute 197.602

Total Results: 7

Ashear v. Sklarey

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 239 So. 3d 786

Snippet: Rule of Appellate Procedure 9.400 and section 197.602(2), Florida Statutes (2017), in connection with

Ashear v. Sklarey

Court: District Court of Appeal of Florida | Date Filed: 2018-01-17

Citation: 247 So. 3d 574

Snippet: that the trial court’s order contravenes section 197.602, Florida Statutes (2010). Specifically, Ashear

Surna Construction, Inc. v. Stephens

Court: District Court of Appeal of Florida | Date Filed: 2012-07-13

Citation: 91 So. 3d 939, 2012 WL 2864385, 2012 Fla. App. LEXIS 11398

Snippet: Appellant was entitled to interest pursuant to section 197.602, Florida Statutes. Accordingly, we reverse that

Turnberry Investments, Inc. v. Streatfield

Court: District Court of Appeal of Florida | Date Filed: 2010-11-24

Citation: 48 So. 3d 180, 2010 Fla. App. LEXIS 18006, 2010 WL 4740313

Snippet: owner to pay interest *182 as required by section 197.602 of the Florida Statutes to Turnberry on the amounts

Village of Doral Place Ass'n v. RU4 Real, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-10-14

Citation: 22 So. 3d 627, 2009 Fla. App. LEXIS 15540, 2009 WL 3271164

Snippet: have not addressed the issue, apparently section 197.602, Florida Statutes (2003), is applicable. We affirm

Nourachi v. SOUTH BEACHES PROFESSIONAL PARK OWNERS ASS'N, INC.

Court: District Court of Appeal of Florida | Date Filed: 2003-04-03

Citation: 841 So. 2d 618, 2003 WL 1738499

Snippet: but reserves jurisdiction pursuant to section 197.602, Florida Statutes (2002), to determine and award

Bullock v. Houston Realty & Investment, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1999-08-18

Citation: 739 So. 2d 1251, 1999 Fla. App. LEXIS 11008, 1999 WL 625425

Snippet: preliminary costs mandated by Florida Statute § 197.602 for invalidation of a Tax Deed.” The court ordered