reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.172 - Effect of Judgment of Adoption.

63.172 Effect of judgment of adoption.—
(1) A judgment of adoption, whether entered by a court of this state, another state, or of any other place, has the following effect:
(a) It relieves the birth parents of the adopted person, except a birth parent who is a petitioner or who is married to a petitioner, of all parental rights and responsibilities.
(b) It terminates all legal relationships between the adopted person and the adopted person’s relatives, including the birth parents, except a birth parent who is a petitioner or who is married to a petitioner, so that the adopted person thereafter is a stranger to his or her former relatives for all purposes, including the interpretation or construction of documents, statutes, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly include the adopted person by name or by some designation not based on a parent and child or blood relationship, except that rights of inheritance shall be as provided in the Florida Probate Code.
(c) Except for rights of inheritance, it creates the relationship between the adopted person and the petitioner and all relatives of the petitioner that would have existed if the adopted person were a blood descendant of the petitioner born within wedlock. This relationship shall be created for all purposes, including applicability of statutes, documents, and instruments, whether executed before or after entry of the adoption judgment, that do not expressly exclude an adopted person from their operation or effect.
(2) If one or both parents of a child die without the relationship of parent and child having been previously terminated and a spouse of the living parent or a close relative of the child thereafter adopts the child, the child’s right of inheritance from or through the deceased parent is unaffected by the adoption and, unless the court orders otherwise, the adoption will not terminate any grandparental rights delineated under chapter 752. For purposes of this subsection, a close relative of a child is the child’s brother, sister, grandparent, aunt, or uncle.
History.—s. 17, ch. 73-159; s. 11, ch. 75-226; s. 1, ch. 79-369; s. 1, ch. 87-27; s. 1, ch. 90-139; s. 18, ch. 92-96; s. 1, ch. 93-192; s. 342, ch. 95-147; s. 1, ch. 2001-226.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.182 - Statute of Repose.

63.182 Statute of repose.—
(1) Notwithstanding s. 95.031 or s. 95.11 or any other statute, an action or proceeding of any kind to vacate, set aside, or otherwise nullify a judgment of adoption or an underlying judgment terminating parental rights on any ground may not be filed more than 1 year after entry of the judgment terminating parental rights.
(2)(a) Except for the specific persons expressly entitled to be given notice of an adoption in accordance with this chapter, the interest that entitles a person to notice of an adoption must be direct, financial, and immediate, and the person must show that he or she will gain or lose by the direct legal operation and effect of the judgment. A showing of an indirect, inconsequential, or contingent interest is wholly inadequate, and a person with this indirect interest lacks standing to set aside a judgment of adoption.
(b) This subsection is remedial and shall apply to all adoptions, including those in which a judgment of adoption has already been entered.
History.—s. 18, ch. 73-159; s. 6, ch. 2000-188; s. 32, ch. 2003-58; s. 32, ch. 2003-154; s. 4, ch. 2006-265.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.192 - Recognition of Foreign Judgment or Decree Affecting Adoption.

63.192 Recognition of foreign judgment or decree affecting adoption.—A judgment terminating the relationship of parent and child or establishing the relationship by adoption, or a decree granting legal guardianship for purposes of adoption, issued pursuant to due process of law by a court or authorized body of any other jurisdiction within or without the United States shall be recognized in this state, and the rights and obligations of the parties shall be determined as though the judgment or decree were issued by a court of this state. A judgment or decree of a court or authorized body terminating the relationship of a parent and child, whether independent, incorporated in an adoption decree, or incorporated in a legal guardianship order issued pursuant to due process of law of any other jurisdiction within or without the United States, shall be deemed to effectively terminate parental rights for purposes of a proceeding on a petition for adoption in this state. If a minor child has been made available for adoption in a foreign state or foreign country and the parental rights of the minor child’s parent have been terminated or the child has been declared to be abandoned or orphaned, no additional termination of parental rights proceeding need occur, and the adoption may be finalized according to the procedures set forth in this chapter.
History.—s. 19, ch. 73-159; s. 21, ch. 2008-151.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.202 - Authority to License; Adoption of Rules.

63.202 Authority to license; adoption of rules.—
(1) The Department of Children and Families is authorized and empowered to license child placement agencies that it determines to be qualified to place minors for adoption.
(2) No agency shall place a minor for adoption unless such agency is licensed by the department, except a child-caring agency registered under s. 409.176.
(3) The department may adopt rules necessary to ensure that all child-placing agencies comply with this chapter to receive or renew a license.
History.—s. 20, ch. 73-159; s. 23, ch. 77-147; s. 7, ch. 78-190; s. 8, ch. 87-397; s. 12, ch. 97-101; s. 29, ch. 2001-3; s. 22, ch. 2012-81; s. 29, ch. 2014-19.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.207 - Out-of-State Placement.

63.207 Out-of-state placement.—
(1) Unless the parent placing a minor for adoption files an affidavit that the parent chooses to place the minor outside the state, giving the reason for that placement, or the minor is to be placed with a relative or with a stepparent, or the minor is a difficult-to-place child, as defined in s. 409.166(2), or for other good cause shown, an adoption entity may not:
(a) Take or send a minor out of the state for the purpose of placement for adoption; or
(b) Place or attempt to place a minor for the purpose of adoption with a family who primarily lives and works outside Florida in another state. If an adoption entity is acting under this subsection, the adoption entity must file a petition for declaratory statement pursuant to s. 63.102 for prior approval of fees and costs. The court shall review the costs pursuant to s. 63.097. The petition for declaratory statement must be converted to a petition for an adoption upon placement of the minor in the home. When a minor is placed for adoption with prospective adoptive parents who primarily live and work outside this state, the circuit court in this state may retain jurisdiction over the matter until the adoption becomes final. The prospective adoptive parents may finalize the adoption in this state.
(2) An adoption entity may not counsel a birth mother to leave the state for the purpose of giving birth to a child outside the state in order to secure a fee in excess of that permitted under s. 63.097 when it is the intention that the child is to be placed for adoption outside the state.
(3) When applicable, the Interstate Compact on the Placement of Children authorized in s. 409.401 shall be used in placing children outside the state for adoption.
History.—s. 12, ch. 75-226; s. 24, ch. 77-147; s. 8, ch. 78-190; s. 4, ch. 84-101; s. 9, ch. 87-397; s. 21, ch. 92-96; s. 30, ch. 2001-3; s. 34, ch. 2003-58; s. 2, ch. 2022-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.219 - Sanctions.

63.219 Sanctions.—Upon a finding by the court that an adoption entity has willfully violated any substantive provision of this chapter relative to the rights of the parties to the adoption and legality of the adoption process, the court is authorized to prohibit the adoption entity from placing a minor for adoption in the future in this state.
History.—s. 23, ch. 92-96; s. 32, ch. 2001-3; s. 37, ch. 2003-58.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.222 - Effect on Prior Adoption Proceedings.

63.222 Effect on prior adoption proceedings.—Any adoption made before July 1, 2012, is valid, and any proceedings pending on that date and any subsequent amendments thereto are not affected thereby unless the amendment is designated as a remedial provision.
History.—s. 22, ch. 73-159; s. 25, ch. 2012-81.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.232 - Duty of Person Adopting.

63.232 Duty of person adopting.—In order to protect the rights of all the parties involved in an adoption, any person adopting or attempting to adopt another person shall comply with the procedures established by this act.
History.—s. 23, ch. 73-159.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.2325 - Conditions for Invalidation of a Consent to Adoption or Affidavit of Nonpaternity.

63.2325 Conditions for invalidation of a consent to adoption or affidavit of nonpaternity.—Notwithstanding the requirements of this chapter, a failure to meet any of those requirements does not constitute grounds for invalidation of a consent to adoption or revocation of an affidavit of nonpaternity unless the extent and circumstances of such a failure result in a material failure of fundamental fairness in the administration of due process, or the failure constitutes or contributes to fraud or duress in obtaining a consent to adoption or affidavit of nonpaternity.
History.—s. 33, ch. 2001-3; s. 26, ch. 2012-81; s. 10, ch. 2013-15.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.233 - Rulemaking Authority.

63.233 Rulemaking authority.—The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.
History.—s. 11, ch. 87-397; s. 10, ch. 98-200.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.235 - Petitions Filed Before Effective Date; Governing Law.

63.235 Petitions filed before effective date; governing law.—Any petition for adoption filed before the effective date of this act shall be governed by the law in effect at the time the petition was filed.
History.—s. 37, ch. 2001-3; s. 38, ch. 2003-58.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 63 - Adoption › 63.236 - Petitions Filed Before July 1, 2008; Governing Law.

63.236 Petitions filed before July 1, 2008; governing law.—A petition for termination of parental rights filed before July 1, 2008, is governed by the law in effect at the time the petition was filed.
History.—s. 23, ch. 2008-151.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part I - General Provisions (Ss. 64.011-64.091) › 64.011 - Jurisdiction.

64.011 Jurisdiction.—All actions for partition are in chancery.
History.—s. 1, Mar. 14, 1844; RS 1490; GS 1939; RGS 3202; CGL 4994; s. 2, ch. 29737, 1955; s. 19, ch. 67-254.
Note.—Former s. 66.01.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part I - General Provisions (Ss. 64.011-64.091) › 64.022 - Venue.

64.022 Venue.—Partition shall be brought in any county where the lands or any part thereof lie which are the subject matter of the action.
History.—s. 1, Mar. 14, 1844; RS 1491; GS 1940; RGS 3203; CGL 4995; s. 19, ch. 67-254.
Note.—Former s. 66.02.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part I - General Provisions (Ss. 64.011-64.091) › 64.031 - Parties.

64.031 Parties.—The action may be filed by any one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided.
History.—s. 2, Mar. 14, 1844; RS 1492; GS 1941; RGS 3204; CGL 4996; s. 19, ch. 67-254.
Note.—Former s. 66.03.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part I - General Provisions (Ss. 64.011-64.091) › 64.041 - Complaint.

64.041 Complaint.—The complaint shall allege a description of the lands of which partition is demanded, the names and places of residence of the owners, joint tenants, tenants in common, coparceners, or other persons interested in the lands according to the best knowledge and belief of plaintiff, the quantity held by each, and such other matters, if any, as are necessary to enable the court to adjudicate the rights and interests of the party. If the names, residence or quantity of interest of any owner or claimant is unknown to plaintiff, this shall be stated. If the name is unknown, the action may proceed as though such unknown persons were named in the complaint.
History.—s. 2, Mar. 14, 1844; RS 1493; GS 1942; RGS 3205; CGL 4997; s. 11, ch. 29737, 1955; s. 19, ch. 67-254.
Note.—Former s. 66.04.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part I - General Provisions (Ss. 64.011-64.091) › 64.051 - Judgment.

64.051 Judgment.—The court shall adjudge the rights and interests of the parties, and that partition be made if it appears that the parties are entitled to it. When the rights and interests of plaintiffs are established or are undisputed, the court may order partition to be made, and the interest of plaintiffs and such of the defendants as have established their interest to be allotted to them, leaving for future adjustment in the same action the interest of any other defendants.
History.—s. 4, Mar. 14, 1844; RS 1494; GS 1943; RGS 3206; CGL 4998; s. 19, ch. 67-254.
Note.—Former s. 66.05.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part I - General Provisions (Ss. 64.011-64.091) › 64.061 - Commissioners; special magistrate.

64.061 Commissioners; special magistrate.—
(1) APPOINTMENT AND REMOVAL.—When a judgment of partition is made, the court shall appoint three suitable persons as commissioners to make the partition. They shall be selected by the court unless agreed on by the parties. They may be removed by the court for good cause and others appointed in their places.
(2) POWERS, DUTIES, COMPENSATION AND REPORT OF COMMISSIONERS.—The commissioners shall be sworn to execute the trust imposed in them faithfully and impartially before entering on their duties; have power to employ a surveyor, if necessary, for the purpose of making partition; be allowed such sum as is reasonable for their services; to make partition of the lands in question according to the court’s order and report it in writing to the court without delay.
(3) EXCEPTIONS TO REPORT AND FINAL JUDGMENT.—Any party may file objections to the report of the commissioners within 10 days after it is served. If no objections are filed or if the court is satisfied on hearing any such objections that they are not well-founded, the report shall be confirmed, and a final judgment entered vesting in the parties the title to the parcels of the lands allotted to them respectively, and giving each of them the possession of and quieting title to their respective shares as against the other parties to the action or those claiming through or under them.
(4) APPOINTMENT OF SPECIAL MAGISTRATE WHERE PROPERTY NOT SUBJECT TO PARTITION.—On an uncontested allegation in a pleading that the property sought to be partitioned is indivisible and is not subject to partition without prejudice to the owners of it or if a judgment of partition is entered and the court is satisfied that the allegation is correct, on motion of any party and notice to the others the court may appoint a special magistrate or the clerk to make sale of the property either at private sale or as provided by s. 64.071.
History.—ss. 5, 6, 7, 8, Mar. 14, 1844; RS 1495; GS 1944; RGS 3207; CGL 4999; s. 1, ch. 28200, 1953; s. 1, chs. 29685, 29928, 1955; s. 19, ch. 67-254; s. 55, ch. 2004-11.
Note.—Former s. 66.06.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part I - General Provisions (Ss. 64.011-64.091) › 64.071 - Sale where nondivisible.

64.071 Sale where nondivisible.—
(1) ORDER OF SALE.—If the commissioners report that the lands of which partition is directed are so situated that partition cannot be made without prejudice to the owners and if the court is satisfied that such report is correct, the court may order the land to be sold at public auction to the highest bidder by the commissioners or the clerk and the money arising from such sale paid into the court to be divided among the parties in proportion to their interest.
(2) CONDITIONS OF SALE.—For good cause the court may order the sale made on reasonable credit for part or all of the purchase money, but at least one-third of the purchase money shall be paid down unless all parties consent to credit otherwise. The purchase money not paid down shall be secured by a mortgage on the land and such other security as the court directs.
(3) CONFIRMATION OF SALE AND CONVEYANCE.—The sale shall be reported to the court, unless sold by the clerk under s. 45.031, and the money arising therefrom paid into court and the sale approved by the court and a conveyance ordered before any conveyance pursuant to the sale is made.
History.—ss. 8, 9, 10, Mar. 14, 1844; RS 1496; GS 1945; RGS 3208; CGL 5000; s. 19, ch. 67-254.
Note.—Former s. 66.07.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part I - General Provisions (Ss. 64.011-64.091) › 64.081 - Costs; taxes; attorneys’ fees.

64.081 Costs; taxes; attorneys’ fees.—Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of them commensurate with their services rendered and of benefit to the partition, to be determined on equitable principles in proportion to the party’s interest. Such judgment is binding on all his or her goods and chattels, lands, or tenements. In case of sale the court may order the costs and fees to be paid or retained out of the moneys arising from the sale and due to the parties who ought to pay the same. All taxes, state, county, and municipal, due thereon at the time of the sale, shall be paid out of the purchase money.
History.—s. 11, Mar. 14, 1844; RS 1497; s. 1, ch. 4545, 1897; GS 1946; RGS 3209; CGL 5001; s. 1, ch. 57-130; s. 19, ch. 67-254; s. 344, ch. 95-147.
Note.—Former s. 66.08.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part I - General Provisions (Ss. 64.011-64.091) › 64.091 - Personalty.

64.091 Personalty.—The laws applicable to partition and sale for partition of real estate are applicable to the partition and sale for partition of personal property and the proceedings therefor, as far as the nature of the property permits.
History.—RS 1498; GS 1947; RGS 3210; CGL 5002; s. 19, ch. 67-254.
Note.—Former s. 66.09.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214) › 64.201 - Short title.

64.201 Short title.—This part may be cited as the “Uniform Partition of Heirs Property Act.”
History.—s. 2, ch. 2020-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214) › 64.202 - Definitions.

64.202 Definitions.—As used in this part, the term:
(1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.
(2) “Collateral” means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual’s ascendant or descendant.
(3) “Descendant” means an individual who follows another individual in lineage, in the direct line of descent from the other individual.
(4) “Determination of value” means a court order determining the fair market value of heirs property under s. 64.206 or s. 64.210 or adopting the valuation of the property agreed to by all cotenants.
(5) “Equitable accounting” means considering contributions and adjustments of accounts between cotenants, which are related to the real property and are based upon such contributions and adjustments, s. 64.081, and common law.
(6) “Heirs property” means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action:
(a) There is no agreement in a record binding all the cotenants which governs the partition of the property;
(b) One or more of the cotenants acquired title from a relative, whether living or deceased; and
(c) Any of the following applies:
1. Twenty percent or more of the interests are held by cotenants who are relatives;
2. Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
3. Twenty percent or more of the cotenants are relatives.
(7) “Partition by sale” means a court-ordered sale of the entire heirs property, whether by open-market sale, sealed bids, or auction conducted under s. 64.210.
(8) “Partition in kind” means the division of heirs property into physically distinct and separately titled parcels.
(9) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(10) “Relative” means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part.
History.—s. 2, ch. 2020-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214) › 64.203 - Applicability; relation to other law.

64.203 Applicability; relation to other law.—
(1) This part applies to partition actions filed on or after July 1, 2020.
(2) Provided that a partition action is otherwise available under part I of this chapter, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this part unless all of the cotenants otherwise agree in a record.
(3) This part supplements part I of this chapter and, if an action is governed by this part, replaces provisions of part I of this chapter that are inconsistent with this part.
History.—s. 2, ch. 2020-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214) › 64.204 - Service; notice by posting.

64.204 Service; notice by posting.—
(1) This part does not limit or affect the method by which service of a complaint in a partition action may be made.
(2) If the plaintiff in a partition action seeks notice by publication, and the court determines that the property is heirs property, then the court shall order the clerk of the court to issue a notice of action to the plaintiff in the form set forth in s. 49.08 and the plaintiff must, not later than 10 days after receipt, post the notice of action on the property that is the subject of the action.
History.—s. 2, ch. 2020-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214) › 64.205 - Commissioners.

64.205 Commissioners.—If the court appoints commissioners pursuant to s. 64.061, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in part I of this chapter, must be disinterested and impartial and not a party to or a participant in the action.
History.—s. 2, ch. 2020-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214) › 64.206 - Determination of value.

64.206 Determination of value.—
(1) Except as otherwise provided in subsections (2) and (3), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (4).
(2) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
(3) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
(4) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(5) If an appraisal is conducted pursuant to subsection (4), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating:
(a) The appraised fair market value of the property.
(b) That the appraisal is available at the clerk’s office.
(c) That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.
(6) If an appraisal is filed with the court pursuant to subsection (4), the court shall conduct a hearing to determine the fair market value of the property not sooner than 31 days after a copy of the notice of the appraisal is sent to each party under subsection (5), whether or not an objection to the appraisal is filed under paragraph (5)(c). In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.
(7) After a hearing under subsection (6), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
In addition to a determination of value under this section, the court shall determine the amount of the equitable accounting upon the request of any cotenant and shall appropriately adjust any price, purchase price, apportioned price, buyout, judgment, or partition granted under this part based on the results of the equitable accounting.
History.—s. 2, ch. 2020-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214) › 64.208 - Partition alternatives.

64.208 Partition alternatives.—
(1) If any cotenant requested partition in kind, or if all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to s. 64.207, or, if after conclusion of the buyout under s. 64.207, a cotenant remains that has requested partition in kind, the court shall enter a judgment of partition in kind unless the court is satisfied that commissioners appointed pursuant to s. 64.061 have considered the factors listed in s. 64.209 and found that partition in kind will result in prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated. Such judgment of partition must include the legal description of the real property before partition, the legal description of each new parcel, and the name of each parcel’s owner and shall be recorded by the clerk of the court in the official records of the county where the property is located.
(2) If the court does not order partition in kind under subsection (1), the court shall order partition by sale pursuant to s. 64.210 or, if no cotenant requested partition by sale, the court shall dismiss the action.
(3) If the court orders partition in kind pursuant to subsection (1), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
(4) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to s. 64.207, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.
History.—s. 2, ch. 2020-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214) › 64.209 - Considerations for partition in kind.

64.209 Considerations for partition in kind.—
(1) In determining under s. 64.208(1) whether partition in kind would result in prejudice to the cotenants as a group, the commissioners shall consider the following:
(a) Whether the heirs property practicably can be divided among the cotenants.
(b) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur.
(c) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other.
(d) A cotenant’s sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant.
(e) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property.
(f) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property.
(g) Any other relevant factor.
(2) The commissioners may not consider any one factor in subsection (1) to be dispositive without weighing the totality of all relevant factors and circumstances.
History.—s. 2, ch. 2020-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214) › 64.210 - Open-market sale, sealed bids, or auction.

64.210 Open-market sale, sealed bids, or auction.—
(1) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
(2) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.
(3) If the broker appointed under subsection (2) obtains within a reasonable time an offer to purchase the property for at least the determination of value:
(a) The broker shall comply with the reporting requirements in s. 64.211; and
(b) The sale may be completed in accordance with the laws of this state other than this part.
(4) If the broker appointed under subsection (2) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:
(a) Approve the highest outstanding offer, if any;
(b) Redetermine the value of the property and order that the property continue to be offered for an additional time; or
(c) Order that the property be sold by sealed bids or at an auction.
(5) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under part I of this chapter.
(6) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds.
History.—s. 2, ch. 2020-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214) › 64.211 - Report of open-market sale.

64.211 Report of open-market sale.—
(1) Unless required to do so within a shorter time by part I of this chapter, a broker appointed under s. 64.210(2) to offer heirs property for open-market sale shall file a report with the court not later than 7 days after receiving an offer to purchase the property for at least the value determined under s. 64.206 or s. 64.210.
(2) The report required by subsection (1) must contain the following information:
(a) A description of the property to be sold to each buyer.
(b) The name of each buyer.
(c) The proposed purchase price.
(d) The terms and conditions of the proposed sale, including the terms of any owner financing.
(e) The amounts to be paid to lienholders.
(f) A statement of contractual or other arrangements or conditions of the broker’s commission.
(g) Other material facts relevant to the sale.
History.—s. 2, ch. 2020-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214) › 64.212 - Uniformity of application and construction.

64.212 Uniformity of application and construction.—In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History.—s. 2, ch. 2020-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214) › 64.213 - Relation to Electronic Signatures in Global and National Commerce Act.

64.213 Relation to Electronic Signatures in Global and National Commerce Act.—This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of any of the notices described in s. 103(b) of that act, 15 U.S.C. s. 7003(b).
History.—s. 2, ch. 2020-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 64 - Partition of Property › Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214) › 64.214 - Access for all residents.

64.214 Access for all residents.—Notwithstanding any provision to the contrary in this part, cotenants owning real property that is not heirs property may agree to partition such real property under this part. All of the cotenants must jointly notify the court of such agreement.
History.—s. 2, ch. 2020-55.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 65 - Quieting Title › 65.011 - Real Estate; Certain Jurisdiction Over.

65.011 Real estate; certain jurisdiction over.—Chancery courts have jurisdiction of actions by any person or corporation claiming to own any land or part thereof, or by two or more claiming to own the same land or part thereof under a common title against more than one person or corporation occupying or claiming title to the land or part thereof adversely to plaintiff, whether defendants claim or hold under a common title or not; and shall determine the title of plaintiff as against defendants and enter judgment quieting the title of, and awarding possession to, the plaintiff entitled thereto and may enter injunctions, temporary or perpetual, appoint receivers, and enter such orders about costs as are necessary to protect the rights of the parties.
History.—s. 1, ch. 3884, 1889; RS 1500; GS 1949; RGS 3212; CGL 5004; s. 20, ch. 67-254.
Note.—Former s. 66.10.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 65 - Quieting Title › 65.021 - Real Estate; Removing Clouds.

65.021 Real estate; removing clouds.—Chancery courts have jurisdiction of actions brought by any person or corporation, whether in actual possession or not, claiming legal or equitable title to land against any person or corporation not in actual possession, who has, appears to have or claims an adverse legal or equitable estate, interest, or claim therein to determine such estate, interest, or claim and quiet or remove clouds from the title to the land. It is no bar to relief that the title has not been litigated at law or that there is only one litigant to each side of the controversy or that the adverse claim, estate, or interest is void upon its face, or though not void on its face, requires extrinsic evidence to establish its validity.
History.—s. 1, ch. 4739, 1899; GS 1950; RGS 3213; s. 1, ch. 10223, 1925; CGL 5005; s. 2, ch. 29737, 1955; s. 20, ch. 67-254.
Note.—Former s. 66.11.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 65 - Quieting Title › 65.031 - Real Estate; Removing Clouds; Plaintiffs.

65.031 Real estate; removing clouds; plaintiffs.—An action in chancery for quieting title to, or clearing a cloud from, land may be maintained in the name of the owner or of any prior owner who warranted the title. All lands, the title to which is subject to a common defect, may be embraced in one action irrespective of the number of existing legal or equitable owners.
History.—s. 1, ch. 10221, 1925; CGL 5006; s. 20, ch. 67-254.
Note.—Former s. 66.12.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 65 - Quieting Title › 65.041 - Real Estate; Removing Clouds; Defendants.

65.041 Real estate; removing clouds; defendants.—No person not a party to the action is bound by any judgment rendered adverse to his or her interest, but any judgment favorable to the person inures to that person’s benefit to the extent of his or her legal or equitable title.
History.—s. 2, ch. 10221, 1925; CGL 5007; s. 20, ch. 67-254; s. 345, ch. 95-147.
Note.—Former s. 66.13.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 65 - Quieting Title › 65.051 - Real Estate; Removing Clouds; Joinder.

65.051 Real estate; removing clouds; joinder.—Two or more persons who are interested in removing a cloud from or quieting title to land as against the same clouds or adverse claims may join as plaintiffs in a single action to remove such clouds or quiet the title, although their interests relate to separate lands or parts thereof.
History.—s. 1, ch. 10222, 1925; CGL 5008; s. 2, ch. 29737, 1955; s. 20, ch. 67-254.
Note.—Former s. 66.14.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 65 - Quieting Title › 65.071 - Quieting Title; Deeds Without Joinder of Wife When Separated for 30 Years.

1
65.071 Quieting title; deeds without joinder of wife when separated for 30 years.—An action in chancery may be brought to quiet title to land to preclude any wife from claiming dower or any heirs from claiming any interest to land when the following facts exist:
(1) When any husband and wife have not cohabited as husband and wife for 30 years or more and during this time the husband has conveyed land as a single man and the land has come into the hands of purchasers for a valuable consideration without notice that the husband was married at the time he conveyed the land, and the purchasers have relied on the acknowledgment to deeds by the husband that he was a single man, and it afterwards became known that he was a married man at the time he deeded the land and his marriage has never been dissolved and he refuses to voluntarily get a dissolution of marriage to clear the title to preclude his wife from claiming any inchoate dower therein and his heirs from claiming any interest therein and when the wife has never lived in the county where the land is located with the husband as his wife and has never asserted any inchoate right to dower in the land, the inchoate right to dower is divested and is a cloud on the title to the land and the purchaser of the land has the right to remove the cloud and to prevent the wife or heirs from claiming any dower or other interest from such purchasers and their successors in title.
(2) When these facts are proven, the court shall adjudge that the wife and heirs of the husband are forever barred and perpetually enjoined from claiming any interest in the land arising out of dower or otherwise, and that the wife did not join in the execution of the deeds by which the husband deeded the land as a single man under the facts above-stated is not effective to reserve an inchoate right of dower in the land held by such purchasers.
History.—ss. 1, 2, ch. 19116, 1939; CGL 5011(1), (2); s. 2, ch. 29737, 1955; s. 20, ch. 67-254; s. 1, ch. 73-300.
1
Note.—Chapter 73-107 abolished the right of dower in property transferred prior to death. See also s. 732.111.
Note.—Former s. 66.25.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 65 - Quieting Title › 65.081 - Tax Titles; Quieting Title.

65.081 Tax titles; quieting title.—
(1) PARTIES.—Any grantee under any tax deed issued by the state, or any municipality or other political subdivision thereof, or any purchaser from the state, or any municipality or other political subdivision thereof, of any land the title to which has been acquired by this state or such municipality or political subdivision through any proceeding or foreclosure for the nonpayment of taxes or special assessments, or the successor in title to the grantee or purchaser, may maintain an action in chancery to quiet title to the land included in the tax deed, or so purchased against the holder of the record title to the land, and against any other person or corporation claiming any interest in the land or any lien or encumbrance thereon, before issuance of the tax deed or before the loss of title to the land in the tax proceeding or foreclosure.
(2) DERAIGNING TITLE.—Actions may be maintained hereunder whether or not plaintiff is in possession of the land involved but when defendant is in actual possession of the land a jury trial may be had as provided in other actions to quiet title. When the action is based on a tax deed, the complaint need not deraign title beyond the issuance of the tax deed. When the action is based on a conveyance by this state, or any municipality or other political subdivision thereof, of land the title to which it has acquired through a foreclosure or other proceeding for the nonpayment of taxes, the complaint need not deraign title beyond the deed or other instrument or act vesting title in the state or municipality or other political subdivision of the state.
(3) WHEN TAXES HAVE BEEN PAID.—No defense to the action or attack upon the tax deed shall be made except the defense that the taxes assessed against the property had been paid by the former owner before issuance of the tax deed.
(4) WHEN TAX DEED HAS BEEN ISSUED BEFORE CONVEYANCE BY SOVEREIGN.—No defense shall be made to the action because of assessment of the property or issuance of the tax deed before the United States or the state has parted with title to the property, and no other attack shall be made on it, except the defense that the taxes assessed against the property had been paid by the person, or a claimant under him or her, to whom the United States patent or conveyance from the state was issued before the issuance of the tax deed.
History.—ss. 1, 2, ch. 21822, 1943; s. 2, ch. 29737, 1955; s. 20, ch. 67-254; s. 29, ch. 74-382; s. 1, ch. 77-174; s. 347, ch. 95-147.
Note.—Former ss. 66.26, 66.27.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 65 - Quieting Title › 65.091 - Quieting Title; Fraudulent Conveyances.

65.091 Quieting title; fraudulent conveyances.—
(1) An action to quiet title based on a fraudulent attempted conveyance allegation may be maintained under this chapter, and this remedy is cumulative to other existing remedies. A petitioner bringing an action to quiet title based on such allegations is entitled to summary procedure under s. 51.011, and the court shall advance the cause on the calendar.
(2) In an action to quiet title, when the court determines that an attempt was made to fraudulently convey the land at issue away from a plaintiff who had legal title to the land before the conveyance, the court must quiet title in and award the plaintiff with the same title and rights to the land that the plaintiff enjoyed before the attempted conveyance.
(3) The clerk of the circuit court must provide a simplified form for the filing of a complaint to quiet title based on a fraudulent attempted conveyance allegation and instructions for completing such form.
History.—s. 3, ch. 2023-238.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 66 - Ejectment › 66.011 - Common-Law Ejectment Abolished.

66.011 Common-law ejectment abolished.—In ejectment it is not necessary to have any fictitious parties. Plaintiff may bring action directly against the party in possession or claiming adversely.
History.—s. 1, ch. 999, 1859; RS 1511; GS 1966; RGS 3234; CGL 5040; s. 21, ch. 67-254.
Note.—Former s. 70.01.