61.11
Writs.
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61.11 Writs.—
(1) When either party is about to remove himself or herself or his or her property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against the party or the property and make such orders as will secure alimony or support to the party who should receive it.
(2)(a) When the court issues a writ of bodily attachment in connection with a court-ordered support obligation, the writ or attachment to the writ must include, at a minimum, such information on the respondent’s physical description and location as is required for entry of the writ into the Florida Crime Information Center telecommunications system and authorization for the assessment and collection of the actual costs associated with the service of the writ and transportation of the respondent in compliance thereof. The writ shall direct that service and execution of the writ may be made on any day of the week and any time of the day or night.
(b) The clerk of the court shall forward a copy of the writ for service to the sheriff of the county in which the writ is issued.
(c) Upon receipt of a writ from the clerk of the court, the sheriff shall enter the information on any unserved writ into the Florida Crime Information Center telecommunications system to make the information available to other law enforcement agencies within the state. The writ shall be enforceable in all counties of the state.
(d) Upon receipt of the purge payment, the receiving agency shall provide the subject with a written receipt acknowledging such payment, which must be carried on the person of the respondent for a period of at least 30 days from the date of payment as proof of such payment. A sheriff receiving such payment shall forward the funds to the sheriff who entered the information about the writ into the Florida Crime Information Center telecommunications system and who shall forward the funds to the appropriate clerk of court.
(e) After a writ is modified, purged, recalled, terminated, or otherwise rendered ineffective by ruling of the court, the clerk of the court shall notify the sheriff receiving the original writ. That agency shall modify or cancel the entry in the Florida Crime Information Center telecommunications system in accordance with such notification.
History.—s. 13, Oct. 31, 1828; RS 1487; GS 1935; RGS 3198; CGL 4990; s. 16, ch. 67-254; s. 13, ch. 71-241; s. 2, ch. 92-138; s. 322, ch. 95-147; s. 52, ch. 96-175; s. 1, ch. 96-190; s. 3, ch. 2001-158.
Note.—Former s. 65.11.
Notes of Decisions
Cited in 37
cases (2 in the last 5 years), 1970–2026 · leading case: Widom v. Widom
Widom v. Widom (1996)
“See § 61.11, Fla. Stat. (1995); Rosasco, 641 So.”
Neal v. Neal (1994)
“Injunctions in marital dissolution proceedings are authorized by section 61.11, Florida Statutes, which provides: When either party is about to remove himself or his property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction…”
Buzzard v. Buzzard (1982)
“) The wife argues, however, that Section 61.11, Florida Statutes (1979), provides an exception to the exemption of Section 121.”
Sandstrom v. Sandstrom (1990)
“We note that Section 61.11, Florida Statutes (1989) reads in relevant part: When either party is about to remove himself or his property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against him or his property and make such…”
Bacardi v. White (1985)
“The Second District, in responding to this argument, held that the same result could be obtained under the provisions of section 61.11, Florida Statutes (1981), which reads as follows: 61.”
Gilbert v. Gilbert (1984)
“However, the same result could be obtained under the provisions of section 61.11, Florida Statutes (1981), which reads as follows: 61.”
Bieda v. Bieda (2010)
“The order does not state whether it was entered pursuant to section 61.11(1), Florida Statutes (2009), which provides for injunctions to secure support awards.”
Kennedy v. Kennedy (1985)
“Section 61.11, Florida Statutes (1981), provides in part: When either party is about to remove himself or his property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against him or his property and make such orders as will…”
Gooding v. Gooding (1992)
“In pertinent part, section 61.11, Florida Statutes (1991), provides: When either party is about to remove himself or his property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against him or his property and make such orders…”
Lagstrom v. Lagstrom (1995)
“4th DCA 1990); § 61.11, Fla. Stat. (1993); § 61.08(3), Fla.”
Schorb v. Schorb (1989)
“The trial court is authorized to issue a writ of ne exeat or an injunction in a dissolution proceeding when a "party is about to remove himself or his property out of the state, or fraudulently convey or conceal it.”
Davis v. Davis (1978)
“While trial courts have authority to make provisions securing alimony payments, that power is to be exercised only "[w]hen either party is about to remove himself or his property out of the state, or fraudulently convey or conceal it .”
— 61.11(1) — 6 cases
Bieda v. Bieda (2010)
“The order does not state whether it was entered pursuant to section 61.11(1), Florida Statutes (2009), which provides for injunctions to secure support awards.”
Rieder v. Rieder (2016)
Rinkor v. Brborich (2007)
Davis v. Davis (1999)
— 61.11(2) — 2 cases
Gordon v. Gordon (2006)
Sanders v. Laird (2004)
— 61.11(2)(a) — 2 cases
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