Florida Statute 68.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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F.S. 68.03

68.03 Sequestration; proceedings prescribed.—

(1) If any action is commenced in chancery against any defendant residing out of this state and any other defendant within the state has in his or her hands effects of, or is otherwise indebted to, the absent defendant and the absentee does not appear in the action and give security to the satisfaction of the court for performing the judgment and on affidavit that the absentee is out of the state, or that on inquiry at the absentee’s usual place of abode he or she cannot be found to be served with process, the court may restrain the defendant in this state from paying or conveying or secreting the debts owing by him or her to, or the effects in his or her hands of, the absentee or restrain the absentee from conveying or secreting or removing the property in litigation, or may sequestrate the property which may be necessary to secure plaintiff if he or she prevails, and may order such debts to be paid and effects to be delivered to plaintiff on his or her giving bond with surety for the return thereof.

(2) The court shall require the plaintiff to give bond with surety to be approved by the clerk, to abide the future orders made for restoring the estate or effects to the absent defendant on his or her appearance in the action. If the plaintiff does not furnish the bond, the effects shall remain under the direction of the court or in the hands of a receiver or otherwise for so long a time and shall be disposed of in such manner as the court deems fit.

History.—ss. 1, 2, Feb. 12, 1832; RS 1499; GS 1948; RGS 3211; CGL 5003; s. 10, ch. 29737, 1955; s. 22, ch. 67-254; s. 355, ch. 95-147.

Note.—Former s. 62.22.

F.S. 68.03 on Google Scholar

F.S. 68.03 on Casetext

Amendments to 68.03

Arrestable Offenses / Crimes under Fla. Stat. 68.03

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.03.

Annotations, Discussions, Cases:

Cases Citing Statute 68.03

Total Results: 20

Agency for Health Care Administration v. Ybor Medical Injury & Accident Clinic, Inc.

Court: Supreme Court of Florida | Date Filed: 2022-02-24

Snippet: effect of suspending or revoking a license.” § 120.68(3), Fla. Stat. (2020). This certified conflict case

Showntail the Legend, LLC v. State of Florida Department of Business and Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2020-09-14

Snippet: of right in almost all circumstances. See § 120.68(3), Fla. Stat. (2019). The exception to that entitlement

Leon v. Carollo

Court: District Court of Appeal of Florida | Date Filed: 2018-05-02

Citation: 246 So. 3d 490

Snippet: improper post-election challenge under section 102.68(3)(b) because the one- year-residency requirement

State, Department of Highway Safety & Motor Vehicles v. Peacock

Court: District Court of Appeal of Florida | Date Filed: 2016-02-04

Citation: 185 So. 3d 632, 2016 WL 455625

Snippet: stay, the trial court relied in part on section 120.68(3), Florida Statutes (2015), which provides:

League of Women Voters of Florida v. Detzner

Court: Supreme Court of Florida | Date Filed: 2015-12-02

Citation: 179 So. 3d 258, 2015 WL 7753054

Snippet: The district has Hispanic voting age population of 68.3 % and Hispanics comprise 54.7 % of registered voters

S.C. v. Agency for Persons With Disabilities

Court: District Court of Appeal of Florida | Date Filed: 2015-04-01

Citation: 159 So. 3d 1033, 2015 Fla. App. LEXIS 4673, 2015 WL 1449731

Snippet: diagnosed communications and behavior disorders. § 393.068(3), R. 65G-4014(l)(e). Other administrative rules

Smith v. Florida Department of Business & Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2015-03-25

Citation: 159 So. 3d 1017, 2015 Fla. App. LEXIS 4252, 2015 WL 1334082

Snippet: throughout the state of Florida. Pursuant to section 120.68(3), Florida Statutes, “[t]he filing of the petition

Garvey v. Garvey

Court: District Court of Appeal of Florida | Date Filed: 2014-05-14

Citation: 138 So. 3d 1115, 2014 WL 1908811, 2014 Fla. App. LEXIS 7112

Snippet: alimony if in fact the circumstance occurs. Id. at 167-68.3 The former wife argues that the former husband could

Failer v. State, Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2014-04-22

Citation: 139 So. 3d 359, 2014 WL 1600453, 2014 Fla. App. LEXIS 5742

Snippet: health, safety, or welfare of the state.” § 120.68(3), Fla. Stat. (2013). Section 120.57(1) controls

St. Peter's Academy v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2014-04-16

Citation: 139 So. 3d 912, 2014 WL 1464791, 2014 Fla. App. LEXIS 5566

Snippet: 533 (Fla. 1st DCA 2001) (referencing section 120.68(3), Florida Statutes (2000)). In this case, Appellant

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: gubernatorial elections, respectively. In that district, 68.3% of registered voters would be Democrats, 65.5%

Weinberg v. Siemens Financial Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-10-19

Citation: 88 So. 3d 220, 2011 WL 4949814, 2011 Fla. App. LEXIS 16506

Snippet: replevin nor posted the required bond. See § 78.068(3), Fla. Stat. (2011) (“The petitioner must post bond

J-II INVESTMENTS, INC. v. Leon County

Court: District Court of Appeal of Florida | Date Filed: 2009-10-20

Citation: 21 So. 3d 86, 2009 Fla. App. LEXIS 15845, 2009 WL 3349551

Snippet: ordered Appellants to pay a final judgment of $314,068.[3] ANALYSIS Appellants now contend that the trial

Tokay Towing & Recovery, Inc. v. Kronen

Court: District Court of Appeal of Florida | Date Filed: 2005-07-29

Citation: 906 So. 2d 1269, 2005 Fla. App. LEXIS 11806, 2005 WL 1788891

Snippet: of the trailer without notice to Tokay. See § 78.068(3), Fla. Stat. (2000). Tokay did not attempt to obtain

Creston Aviation, Inc. v. TEXTRON FINANCIAL

Court: District Court of Appeal of Florida | Date Filed: 2005-04-27

Citation: 900 So. 2d 727, 2005 WL 957595

Snippet: pre-judgment replevin bond in accordance with section 78.068(3). Creston then responded with a counterclaim and

Amendments to the Florida Rules of Appellate Procedure

Court: Supreme Court of Florida | Date Filed: 2005-02-03

Citation: 894 So. 2d 202, 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

Snippet: as a matter of right” contemplated by section 120.68(3), Florida Statutes. The agency’s finding is subject

Amend. to Rules of App. Proc., Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 2004-09-30

Citation: 887 So. 2d 1090, 2004 WL 2201732

Snippet: as a matter of right" contemplated by section 120.68(3), Florida Statutes. The agency's finding is subject

Amendments to Florida Rules of Appellate Procedure

Court: Supreme Court of Florida | Date Filed: 2002-08-29

Citation: 827 So. 2d 888, 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

Snippet: as a matter of right” contemplated by section 120.68(3), Florida Statutes. The agency’s finding is subject

Miller v. Bieluch

Court: District Court of Appeal of Florida | Date Filed: 2002-06-19

Citation: 825 So. 2d 427, 2002 Fla. App. LEXIS 8544, 2002 WL 1332566

Snippet: prejudgement writ of replevin must post a bond. § 78.068(3), Fla. Stat. (2001). The sheriff argues that he

Florida Dept. of Agriculture & Consumer Services v. CITY OF POMPANA BEACH

Court: District Court of Appeal of Florida | Date Filed: 2001-07-11

Citation: 792 So. 2d 539, 2001 WL 770096

Snippet: section 120.68, Florida Statutes (2000). Section 120.68(3) authorizes district courts to grant a stay of agency