Florida Statutes
Fla. Stat. § 298.41 (2025)
Taxes and costs a lien on land against which taxes levied; subdistricts.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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298.41 Taxes and costs a lien on land against which taxes levied; subdistricts.—
(1) All drainage taxes provided for in this chapter, together with all penalties for default in payment of the same, all costs in collecting the same, including a reasonable attorney’s fee fixed by the court and taxed as costs in the action brought to enforce payment, shall, from the date of assessment thereof until paid, constitute a lien of equal dignity with the liens for state and county taxes, and other taxes of equal dignity with state and county taxes, upon all the lands against which such taxes shall be levied as is provided in this chapter.
(2) If any district, organized or established under the provisions of this chapter, shall be within the boundaries of a district theretofore established under the laws of this state, the district last organized and established shall be designated as a subdistrict, and the lien for taxes assessed or levied for the purpose of such subdistrict, with the penalties for default in the payment thereof and all costs incurred, shall be a lien of equal dignity with the lien for drainage taxes assessed or levied for the district first established. A sale of any of the lands within a district for state and county or other taxes shall not operate to relieve or release the lands so sold from the lien for subsequent installments of drainage taxes, which lien may be enforced as against such lands as though no such sale thereof had been made.
History.—s. 22, ch. 6458, 1913; RGS 1119; s. 1, ch. 9129, 1923; s. 2, ch. 12040, 1927; CGL 1472; s. 18, ch. 72-291; s. 19, ch. 79-5.
Notes of Decisions
Cited in 4
cases, 1944–1961 · leading case: Ideal Farms Drainage Dist. v. Certain Lands, 19 So. 2d 234 (Fla. 1944).
Ideal Farms Drainage Dist. v. Certain Lands, 19 So. 2d 234 (Fla. 1944). “Section 298.41, supra, in part, provides: “298.”
Kostecos v. Johnson, 85 So. 2d 594 (Fla. 1956). “In this view the land, being obviously within the jurisdiction of the court, is the res upon which the court acted in entering the decree and having jurisdiction of the res, the court was authorized to enter the decree so long as such decree was limited to the particular res…”
Ware v. City of Miami, 132 So. 2d 446 (Fla. 3d DCA 1961). “, were not applicable in the face of the provision of § 298.41, Fla.Stat., F.S.A., which provides that all drainage taxes provided by that chapter “shall, from the date of assessment thereof until paid, constitute a lien of equal dignity with the liens for state and county taxes…”
United States v. Certain Lands, 70 F. Supp. 434 (S.D. Fla. 1947). “By an amendment in 1927, F.S.A. § 298.41, the drainage tax lien was placed on a parity with state and county tax liens.”
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