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

In Re: Amendments to Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2022-07-14T00:53:00-07:00

Snippet: - 68 - 3. Respondent's last known place of employment

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

Court: Fla. | Date Filed: 2022-02-23T23:53:00-08:00

Snippet: effect of suspending or revoking a license.” § 120.68(3), Fla. Stat. (2020). This certified conflict case…case requires us to decide whether section 120.68(3) applies to an agency decision to administratively…and sought a presumptive stay under section 120.68(3). That provision says in part that: The filing… health, safety, or welfare of the state. § 120.68(3), Fla. Stat. 2 AHCA opposed Ybor Clinic’s request…effect of suspending or revoking a license.” § 120.68(3), Fla. Stat. The Second District gave Ybor

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

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-14T00:53:00-07:00

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

Leon v. Carollo

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-02T00:53:00-07:00

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

In Re: Amendments to the Rules Regulating The Florida Bar (Biennial Petition) – Corrected Opinion

Court: Fla. | Date Filed: 2018-01-24T23:53:00-08:00

Snippet: - 68 - (3) A proposed advisory opinion shallmust be

In Re: Amendments to the Rules Regulating The Florida Bar (Biennial Petition)

Court: Fla. | Date Filed: 2017-11-08T23:53:00-08:00

Snippet: - 68 - (3) A proposed advisory opinion shallmust be

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-04T00:00:00-08:00

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: Fla. | Date Filed: 2015-12-02T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2015-04-01T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2015-03-25T00:00:00-07:00

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…or welfare to the state” pursuant to section 120.68(3). See Old Timers Restaurant and Lounge, Inc. v. …effectively nullifying the stay provision of section 120.68(3).” Id. This case illustrates that point. Here, the…override the automatic stay provision of section 120.68(3). MOTION GRANTED. THOMAS, CLARK, and WETHERELL,

Garvey v. Garvey

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-14T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-04-22T00:00:00-07:00

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 …pending a formal hearing and final order. See § 120.68(3). Accordingly, we grant the relief requested, order

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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-16T00:00:00-07:00

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: Fla. | Date Filed: 2012-03-09T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2011-10-19T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2009-10-20T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2005-07-29T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2005-04-27T00:53:00-07:00

Citation: 900 So. 2d 727

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: Fla. | Date Filed: 2005-02-03T00:00:00-08:00

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… health, safety, or welfare of the state.” § 120.68(3), Fla. Stat. (1999). The court can shorten the 10…, or taking other steps to implement section 120.68(3), Florida Statutes. . 2004 Amendment. Subdivision

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

Court: Fla. | Date Filed: 2004-09-30T00:53:00-07:00

Citation: 887 So. 2d 1090

Snippet: matter of right" contemplated by section 120.68(3), Florida Statutes. The agency's finding is …health, safety, or welfare of the state." § 120.68(3), Fla. Stat. (1999). The court can shorten the 10…, or taking other steps to implement section 120.68(3), Florida Statutes. RULE 9.200. THE RECORD (a)