Florida Statute 68.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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F.S. 68.02

68.02 Ne exeat.—

(1) WHEN TO ISSUE.—No writ of ne exeat shall be granted until a verified complaint is filed demanding the writ. It may issue in any case in equity, including support as defined in s. 409.2554, when the issuance is just.

(2) JUDGE TO FIX PENALTY OF BOND.—In granting the writ the court shall fix the penalty and conditions of the bond with surety to be approved by the clerk to be required of plaintiff in favor of defendant. The writ shall not issue until the bond is given.

(3) ABSENCE FROM STATE UNDER CERTAIN CONDITIONS PERMITTED.—An absence of the defendant from the state from which he or she returns before a personal appearance is necessary or before it is necessary to perform any order of the court is not a breach of the condition of the bond.

(4) SURRENDER OF DEFENDANT BY SURETIES.—The surety of defendant has the right personally or by attorney at any time before the bond is forfeited to take the body of the principal and surrender him or her in open court or deliver him or her to the executive officer of the court, who shall detain the principal as in cases of the surrender of the principal by special bail. At the time of delivery to the officer, the surety shall take a receipt for the body and file it with the clerk. If done before the bond is forfeited, the surrender or delivery discharges the surety from his or her undertaking.

History.—ss. 1, 2, 3, 4, Nov. 7, 1828; RS 1473-1476; GS 1921-1924; RGS 3184-3187; CGL 4976-4979; s. 2, ch. 29737, 1955; s. 22, ch. 67-254; s. 12, ch. 92-138; s. 354, ch. 95-147.

Note.—Former ss. 62.18-62.21.

F.S. 68.02 on Google Scholar

F.S. 68.02 on Casetext

Amendments to 68.02

Arrestable Offenses / Crimes under Fla. Stat. 68.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.02.

Annotations, Discussions, Cases:

Cases Citing Statute 68.02

Total Results: 20

Public Counsel ex rel. Citizens of Florida v. Florida Public Service Commission and Pluris Wedgefield, LLC.

Court: District Court of Appeal of Florida | Date Filed: 2024-05-22

Snippet: telephone service.” (emphasis supplied); but cf. § 120.68(2)(a), Fla. Stat. (“Judicial review shall be sought

South Marion Real Estate Holdings, LLC d/b/a Oxford Downs, and Darold R. Donnelly v. Florida Gaming Control Commission

Court: District Court of Appeal of Florida | Date Filed: 2024-05-17

Snippet: court an appropriate appellate forum. See § 120.68(2)(a), Fla. Stat. (2024).

RYAN KEHOE v. KELLY KEHOE

Court: District Court of Appeal of Florida | Date Filed: 2023-12-27

Snippet: a prejudgment writ of replevin under section 78.068(2), (4) for entry to inspect his property at his parents'

MILDRED V. WASKIEWICZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF M.V.K. vs DEPARTMENT OF CHILDREN AND FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2023-05-19

Snippet: Fla. Const.; Fla. R. App. P. 9.030(b)(1)(C); § 120.68(2)(a), Fla. Stat. (2021). At the heart of

ALBERT E. NARVAEZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-01-05

Snippet: designation. See id. at 666–68. 2 We reverse and remand for

In Re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2021-02-11

Snippet: constitute the petition required in section 120.68(2), Florida Statutes (Supp. 1976). There is no conflict

In Re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2020-10-29

Snippet: constitute the petition required in section 120.68(2), Florida Statutes (Supp. 1976). There is no conflict

William Earl Sweet v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2020-02-27

Snippet: story about what he supposedly saw. Id. at 1067-68.2 2. Wilridge swore in his affidavit that

Leonardo Lynch v. Florida Department of Law Enforcement

Court: District Court of Appeal of Florida | Date Filed: 2019-07-09

Snippet: the rendition of the order being appealed.” § 120.68(2)(a), Fla. Stat.; Fla. R. App. P. 9.110(c). An administrative

Stokes v. Dep't of Revenue

Court: District Court of Appeal of Florida | Date Filed: 2019-06-07

Citation: 275 So. 3d 713

Snippet: boundaries of this Court pursuant to section 120.68(2)(a), Florida Statutes (2017). Although Stokes

Stokes v. Dep't of Revenue

Court: District Court of Appeal of Florida | Date Filed: 2019-06-07

Citation: 275 So. 3d 713

Snippet: boundaries of this Court pursuant to section 120.68(2)(a), Florida Statutes (2017). Although Stokes

Executive Office of the Governor v. AHF MCO of Florida, Inc. d/b/a PHC Florida HIV/AIDS Specialty Plan

Court: District Court of Appeal of Florida | Date Filed: 2018-10-29

Citation: 257 So. 3d 612

Snippet: personnel necessary to carry out these duties. §§ 943.68(2), (3), (7), Fla. Stat. (2018). The Capitol Police

Omar Elmouki v. Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 2018-07-09

Citation: 251 So. 3d 290

Snippet: filing with the clerk of the Department. See § 120.68(2)(a), Fla. Stat. (“All proceedings [for judicial

McGillis v. Dept. of Economic Opportunity

Court: District Court of Appeal of Florida | Date Filed: 2017-02-01

Snippet: LLC v. Fla. Dept. Econ. Opportunity, 0026 2834 68-02 McGillis (Fla. Dept. Econ. Opp. Dec. 3, 2015) at

McGillis v. Department of Economic Opportunity

Court: District Court of Appeal of Florida | Date Filed: 2017-02-01

Citation: 210 So. 3d 220, 2017 Fla. App. LEXIS 1114

Snippet: LLC v. Fla. Dept. Econ. Opportunity, 0026 2834 68-02 McGillis (Fla. Dept. Econ. Opp. Dec. 3, 2015) at

Greene v. Clemens

Court: District Court of Appeal of Florida | Date Filed: 2012-10-19

Citation: 98 So. 3d 791, 2012 Fla. App. LEXIS 18195, 2012 WL 5077368

Snippet: the canvassing of absentee ballots, section 101.68(2)(c)l., Florida Statutes (2011), provides in pertinent

In re Senate Joint Resolution of Legislative Apportionment 1176

Court: Supreme Court of Florida | Date Filed: 2012-03-09

Citation: 83 So. 3d 597, 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122

Snippet: election data, Democrats would make up 73.0% of voters, 68.2% of the Democrats who voted would be black (opportunity);

Martin County Conservation Alliance v. Martin County

Court: District Court of Appeal of Florida | Date Filed: 2011-11-04

Citation: 73 So. 3d 856, 2011 Fla. App. LEXIS 17513, 2011 WL 5299370

Snippet: Comm’n, 485 So.2d 818 (Fla.1986). Under section 120.68(2), standing at the appellate level exists “if four

Florida Department of Revenue Ex Rel. Proveaue v. Williams

Court: District Court of Appeal of Florida | Date Filed: 2011-09-07

Citation: 74 So. 3d 115, 2011 Fla. App. LEXIS 14042, 2011 WL 3904598

Snippet: recognized that when read together, sections 120.68(2) and 409.2563(10), Florida Statutes "authorize the

Department of Revenue v. Hoover

Court: District Court of Appeal of Florida | Date Filed: 2010-07-16

Citation: 40 So. 3d 99, 2010 Fla. App. LEXIS 10456, 2010 WL 2787459

Snippet: review with the district court of appeal. § 120.68(2)(a) ("Judicial review shall be sought in the appellate