Florida Statute 30.30 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 30
SHERIFFS

View Entire Chapter

F.S. 30.30

30.30 Writs, process; duties and liabilities in levying.—

(1) Whenever any writ, issuing out of any court of this state, shall be delivered to a sheriff, commanding the sheriff to levy upon property specifically described therein, it shall be his or her duty to levy upon such property. If no property is specifically described in the writ, he or she shall levy upon:

(a) Any property in the possession of the defendant which is described in instructions for levy; and

(b) Upon any property assessed against the defendant on the current tax rolls of the county or registered in his or her name under any law of the United States or of the state, upon the request of the plaintiff or the plaintiff’s attorney listing such property in an instructions for levy. The instructions for levy shall state the balance due on such writ.

(2) No sheriff shall be liable in damages to anyone whomsoever for making a wrongful levy whenever the same has been made as required under subsection (1).

(3) If the sheriff, in attempting to execute any writ describing specific property, shall find it in the possession of anyone, other than the defendant, who is claiming the ownership or the right to the possession thereof, the sheriff, in his or her discretion, may require the plaintiff suing out the writ to furnish a bond, payable to such sheriff, in a sum not exceeding the reasonable value of the described property, as fixed by such sheriff, with sureties satisfactory to him or her conditioned to hold the sheriff harmless against liability for any loss or damage that might be sustained by anyone whomsoever by reason of his or her levying upon such described property, and indemnifying him or her for any expense (including reasonable attorney’s fees) incurred by reason of any such claim.

(4) If the sheriff, in attempting to execute any writ not describing specific property, shall be requested to levy upon any property other than that described in subsection (1), he or she may require the plaintiff suing out the writ to furnish a bond upon the terms and conditions prescribed in subsection (3).

(5) Whenever a party suing out any writ shall demand that the sheriff levy upon specific property and anyone, other than the defendant, shall claim the ownership or right of possession thereof, the sheriff, at his or her option, may file a petition in the court out of which the writ issued and procure a rule to issue to the plaintiff and to the party so claiming the property or the right to possession thereof, to show cause why the levy should or should not be made; provided, that if the issue shall involve the titles or boundaries of real estate, the petition shall be filed in the circuit court. The judge of such court, after due notice to all parties in interest, shall determine whether or not such property is subject to levy under the writ. Any party aggrieved by such ruling, including the sheriff, may appeal therefrom, as from a final decree in a chancery cause, and may have a supersedeas upon such terms and conditions as the judge shall fix. In the event the property is ultimately held to be subject to the writ, the plaintiff’s writ shall have priority over any writs levied subsequent to the date upon which the plaintiff’s writ was delivered to the sheriff.

(6) No sheriff shall be liable for making any levy pursuant to the specific order of a court of competent jurisdiction.

History.—ss. 1, 2, 3, 4, 5, 6, ch. 22019, 1943; s. 3, ch. 77-234; s. 27, ch. 81-259; s. 2, ch. 82-118; s. 186, ch. 95-147.

F.S. 30.30 on Google Scholar

F.S. 30.30 on Casetext

Amendments to 30.30

Arrestable Offenses / Crimes under Fla. Stat. 30.30

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 30.30.

Annotations, Discussions, Cases:

Cases Citing Statute 30.30

Total Results: 20

Planned Parenthood of Southwest and Central Florida v. State of Florida & Planned Parenthood of Southwest & Central Florida v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2024-04-01

Snippet: the embryo or fetus develops.” Id. at 710. 30 30. Other decisions not involving abortion-related

JOSHUA CITRON v. H.G.C. AUTO COLLISION, INC.

Court: District Court of Appeal of Florida | Date Filed: 2022-07-06

Snippet: and administrative fees, $875 in lien fees, and $30,030 in storage fees. Citron sought reconsideration

NEW HORIZONS CONDOMINIUM MASTER ASSOCIATION, INC. v. ROBERT HARDING

Court: District Court of Appeal of Florida | Date Filed: 2022-02-23

Snippet: Fields, The Business Judgment Rule, 99 Mich. B.J. 30, 30 (Jan. 2020). While “[t]he precise verbal formulation

Jason Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-07-14

Citation: 224 So. 3d 288, 2017 WL 2989036, 2017 Fla. App. LEXIS 10097

Snippet: postconviction relief .... ” Ottesen v. State, 862 So.2d 30, 30 (Fla. 2d DCA 2003). An instruction that shifts

Klauber v. First Federal Bank of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-02-26

Citation: 198 So. 3d 762, 2016 Fla. App. LEXIS 2867, 2016 WL 746551

Snippet: execution has a duty to levy upon the property. § 30.30(1), Fla. Stat. • (2014). The trial court’s order

Jackson v. State

Court: Supreme Court of Florida | Date Filed: 2013-09-19

Citation: 127 So. 3d 447, 2013 WL 5269865

Snippet: Code relevant to Jackson’s claim are sections 17-30-30(B) and 17-30-25(B)(2). Section 17-30-25(B)(2) provides:

Rodriguez v. Miami-Dade County

Court: Supreme Court of Florida | Date Filed: 2013-06-27

Citation: 117 So. 3d 400, 38 Fla. L. Weekly Supp. 445, 2013 WL 3214436, 2013 Fla. LEXIS 1314

Snippet: Pinellas Suncoast Transit Authority v. Wrye, 750 So.2d 30, 30 (Fla. 2d DCA 1996), as to the scope of certiorari

Contreras-Garcia v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-08-22

Citation: 95 So. 3d 993, 2012 WL 3588370, 2012 Fla. App. LEXIS 14004

Snippet: 5th DCA 2001) (citing Achin v. State, 436 So.2d 30, 30 (Fla.1982)). This is true even when the defendant

Murray v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-02-10

Citation: 79 So. 3d 880, 2012 WL 407106, 2012 Fla. App. LEXIS 1931

Snippet: pursuant to rule 3.850." Ottesen v. State, 862 So.2d 30, 30 (Fla. 2d DCA 2003). It is improper to instruct

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-06-09

Citation: 36 So. 3d 903, 2010 Fla. App. LEXIS 8201, 2010 WL 2292047

Snippet: Chapman. Chapman said that the recovered Winchester 30-30 rifle had no unusual defects and functioned properly

Moore v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-05-23

Citation: 982 So. 2d 1205, 2008 WL 2149667

Snippet: nonexistent crime.[6]See Achin v. State, 436 So.2d 30, 30 (Fla.1982) ("[O]ne may never be convicted of a

Miller v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-05-18

Citation: 958 So. 2d 981, 2007 WL 1452169

Snippet: by the trial court. Parissay v. State, 687 So.2d 30, 30 (Fla. 5th DCA 1997). Thus, for example, a probation

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-08-23

Snippet: So.2d 486, 488 (Fla. 1st DCA 1981); and see s. 30.30(1), Fla. Stat., stating that "[w]henever any writ

Jones v. State

Court: Supreme Court of Florida | Date Filed: 2003-02-13

Citation: 845 So. 2d 55, 2003 WL 297074

Snippet: codefendant, Chris Reesh, went target shooting with a 30-30-caliber rifle near Rodman Dam in Putnam County.

Winkler v. Moore

Court: Supreme Court of Florida | Date Filed: 2002-04-25

Citation: 831 So. 2d 63, 2002 WL 717819

Snippet: 30 30 30 10/31/1994

Jordan v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-12-21

Citation: 801 So. 2d 1032, 2001 WL 1635440

Snippet: a nonexistent crime. Achin v. State, 436 So.2d 30, 30 (Fla.1982) ("We hold that one may never be convicted

Saye v. Pieschacon

Court: District Court of Appeal of Florida | Date Filed: 2000-02-09

Citation: 750 So. 2d 759, 2000 WL 139234

Snippet: 80, but states that the total award equals only $30,030.30.[1] This award of attorney's fees and costs

Porter v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-02-04

Citation: 752 So. 2d 673, 2000 WL 126063

Snippet: appellant's interview with them, he admitted owning a 30/30 rifle, a 12-gauge shotgun, some pistols, a compound

Jones v. State

Court: Supreme Court of Florida | Date Filed: 1998-03-17

Citation: 709 So. 2d 512, 1998 WL 114500

Snippet: revealed that Officer Szafranski was shot with a .30-.30 calibre Winchester Marlin rifle. Two such rifles

Hamilton v. State

Court: Supreme Court of Florida | Date Filed: 1997-10-23

Citation: 703 So. 2d 1038, 1997 WL 655899

Snippet: responsibility, assuming what he says is true. There was a 30-30 there. There was a .16 gauge shotgun there. If he