Florida Statute 74.071 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 74
PROCEEDINGS SUPPLEMENTAL TO EMINENT DOMAIN

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74.071 Paying over funds in court.—At any time, prior to the entry of final judgment, and upon motion by the proper defendants, the court may direct that the sum of money set forth in the declaration of taking be paid forthwith to such defendants from the money deposited in the registry of the court. If the compensation awarded for the property by the final judgment shall exceed the amount withdrawn by the defendant, the court shall enter judgment against the petitioner for the deficiency. If the amount withdrawn exceeds the compensation awarded for the property by the final judgment, the court shall enter a judgment against such defendant for the excess, and such judgment shall be a lien against any of the defendant’s property except his or her homestead.

History.—s. 4, ch. 65-369; s. 365, ch. 95-147.

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Amendments to 74.071

Annotations, Discussions, Cases:

Cases Citing Statute 74.071

Total Results: 9 | Sort by: Relevance | Newest First

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O'SULLIVAN v. City of Deerfield Beach, 232 So. 2d 33 (Fla. 4th DCA 1970).

Cited 10 times | Published | Florida 4th District Court of Appeal

...We then notice imperatively the provisions of Section 74.061, wherein it is provided that when the deposit is made in the registry of the court, that thereupon the title to the lands vests in the condemnor and the lands are deemed condemned and the right to compensation vests in the land owners. In Section 74.071, F.S....

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Hatch v. Minot, 369 So. 2d 974 (Fla. 2d DCA 1979).

Cited 5 times | Published | Florida 2nd District Court of Appeal

...sum. Otherwise, the order is affirmed. Affirmed in part and reversed in part. GRIMES, C.J., and BOARDMAN, J., concur. NOTES [1] Committee Notes, Fla.R.App.P. 9.130. [2] The trial judge is permitted to allow such a withdrawal under the provisions of Section 74.071....

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Div. Of Admin., State, Dot v. Grossman, 536 So. 2d 1181 (Fla. 3d DCA 1989).

Cited 4 times | Published | Florida 3rd District Court of Appeal | 1989 WL 600

...perty prior to final judgment, enter an order allowing the taking and directing the condemnor to deposit into the registry of the court funds which equal the good faith estimate. Upon making the deposit, the condemnor receives title to the property. Section 74.071....

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Pierpont v. Lee Cnty., 710 So. 2d 958 (Fla. 1998).

Cited 3 times | Published | Supreme Court of Florida | 1998 WL 107949

...ner to deposit in the registry of the court a sum not less than the amount of the good-faith estimate of value. § 74.051, Fla. Stat. (1993). Upon motion, the court may permit the landowner to withdraw such funds pending entry of the final judgment. § 74.071, Fla....

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Florida Dep't of Transp. v. Mallards Cove, LLP, 159 So. 3d 927 (Fla. 2d DCA 2015).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2015 WL 968710

money deposited in the registry of the court.” § 74.071 (emphasis added). Finally, the legislature placed

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Broward Cnty. v. Carney, 586 So. 2d 425 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8559, 1991 WL 167851

We find no abuse of discretion and note that section 74.071 provides: If the compensation awarded for the

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Livingston v. Pat Frank, as Clerk of the Circuit Court of Hillsborough Cnty., 150 So. 3d 239 (Fla. 2d DCA 2014).

Published | Florida 2nd District Court of Appeal | 2014 WL 3734284, 2014 Fla. App. LEXIS 11613

...posit monies. Indeed, if the property owner takes possession of the deposit and the ultimate outcome of the eminent domain proceeding is an award less than the deposit, a monetary judgment is entered against the property owner for the excess. See § 74.071....

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Ago (Fla. Att'y Gen. 1975).

Published | Florida Attorney General Reports

money deposited in the registry of court." Section 74.071, F.S. Section 28.24(14), F.S., provides the

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Youth for Christ of Sarasota, Inc. v. Sarasota Cnty., 765 So. 2d 794 (Fla. 2d DCA 2000).

Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 9619, 2000 WL 1056017

74.061, Fla. Stat. (1993). As permitted by section 74.071, Florida Statutes (1993), the landowner withdrew

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.