The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 78
REPLEVIN

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F.S. 78.068

78.068 Prejudgment writ of replevin.—

(1) A prejudgment writ of replevin may be issued and the property seized delivered forthwith to the petitioners when the nature of the claim and the amount thereof, if any, and the grounds relied upon for the issuance of the writ clearly appear from specific facts shown by the verified petition or by separate affidavit of the petitioner.

(2) This prejudgment writ of replevin may issue if the court finds, pursuant to subsection (1), that the defendant is engaging in, or is about to engage in, conduct that may place the claimed property in danger of destruction, concealment, waste, removal from the state, removal from the jurisdiction of the court, or transfer to an innocent purchaser during the pendency of the action or that the defendant has failed to make payment as agreed.

(3) The petitioner must post bond in the amount of twice the value of the goods subject to the writ or twice the balance remaining due and owing, whichever is lesser as determined by the court, as security for the payment of damages the defendant may sustain when the writ is obtained wrongfully.

(4) The defendant may obtain release of the property seized under a prejudgment writ of replevin by posting bond within 5 days after serving of the writ in the amount of 11/4 the amount due and owing on the agreement for the satisfaction of any judgment which may be rendered against the defendant.

(5) A prejudgment writ of replevin shall issue only upon the signed order of a circuit court judge or a county court judge.

(6) The defendant, by contradictory motion filed with the court within 10 days after service of the writ, may obtain the dissolution of a prejudgment writ of replevin unless the petitioner proves the grounds upon which the writ was issued. The court shall set down such motion for an immediate hearing. This motion shall be in lieu of the provisions of subsection (4).

History.—s. 1, ch. 76-19; s. 1, ch. 77-174; s. 405, ch. 95-147.

F.S. 78.068 on Google Scholar

F.S. 78.068 on Casetext

Amendments to 78.068

Arrestable Offenses / Crimes under Fla. Stat. 78.068

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.068.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE COLLINS,, 600 B.R. 108 (Bankr. M.D. Fla. 2019)

. . . See § 78.068, Fla. Stat. (2018) (prejudgment replevin); §§ 76.04, 76.05 Fla. . . . Stat. (2018) (attachment bond); § 78.068(3), Fla. Stat. (2018) (replevin bond); § 77.031(3), Fla. . . .

R. WEINBERG, M. D. v. SIEMENS FINANCIAL SERVICES, INC., 88 So. 3d 220 (Fla. Dist. Ct. App. 2011)

. . . Weinberg to post a bond, two proposed orders were submitted to the trial court — one citing to section 78.068 . . . Weinberg contends that, pursuant to section 78.068(4), Florida Statutes (2011), the trial court erred . . . Contrary to the parties’ contentions, we conclude that neither section 78.068 nor the trial court’s “ . . . Second, “[pjursuant to section 78.068, the prejudgment writ may issue without notice and a hearing, but . . . See § 78.068(3), Fla. . . .

PNCEF, LLC, v. SOUTH AVIATION, INC., 60 So. 3d 1120 (Fla. Dist. Ct. App. 2011)

. . . Third, the lender satisfied the additional requirements of section 78.068, Florida Statutes (2010), which . . .

LAND- CELLULAR CORPORATION, a v. ZOKAITES,, 463 F. Supp. 2d 1348 (S.D. Fla. 2006)

. . . . § 78.068(2), is a summary procedure that allows the movant to obtain possession of property on an ex . . .

TOKAY TOWING RECOVERY, INC. a v. J. KRONEN,, 906 So. 2d 1269 (Fla. Dist. Ct. App. 2005)

. . . See § 78.068(3), Fla. Stat. (2000). . . . See § 78.068(4), (6). On December 8, 2000, Tokay delivered the trailer to Dr. . . .

CRESTON AVIATION, INC. v. TEXTRON FINANCIAL CORPORATION, a, 900 So. 2d 727 (Fla. Dist. Ct. App. 2005)

. . . Textron then filed a petition for writ of replevin pursuant to Florida Statutes section 78.068 and sought . . . the aircraft to Textron after Textron posted a pre-judgment re-plevin bond in accordance with section 78.068 . . .

C. BROWN, v. REYNOLDS, 872 So. 2d 290 (Fla. Dist. Ct. App. 2004)

. . . Pursuant to section 78.068, the prejudgment writ may issue without notice and a hearing, but the plaintiff . . . analogous situation where a prejudgment writ of replevin has been issued without notice pursuant to section 78.068 . . .

JB INTERNATIONAL, INC. v. MEGA FLIGHT, INC., 840 So. 2d 1147 (Fla. Dist. Ct. App. 2003)

. . . .” § 78.068(2), Fla. Stat. (1989). . . . . § 78.068(6), Fla. Stat. (1989). . . .

MILLER, v. BIELUCH,, 825 So. 2d 427 (Fla. Dist. Ct. App. 2002)

. . . . § 78.068(3), Fla. Stat. (2001). . . .

JALASKARI, v. BANK OF NOVA SCOTIA,, 802 So. 2d 1220 (Fla. Dist. Ct. App. 2002)

. . . contradictory motion, his damages are limited to the five-day window period for posting a bond under section 78.068 . . . (4), Florida Statutes (1993), or the ten-day period for filing a contradictory motion under section 78.068 . . .

LENNOX RETAIL, INC. v. McMILLAN, 786 So. 2d 1252 (Fla. Dist. Ct. App. 2001)

. . . The provisions contained in section 78.068, Florida Statutes (1999) were enacted “in 1976 apparently . . . Subsequent to the enactment of section 78.068, the courts became concerned with whether this statute . . . In Gazil, the Florida Supreme Court found that section 78.068 contains adequate due process protection . . . Sections 78.068(1) and (2) specifically provide: (1) A prejudgment writ of replevin may be issued and . . . If the trial court cannot make these findings pursuant to the provisions of section 78.068, the writ . . .

EASTMAN KODAK CO. v. THOMAS GORDON ASSOCIATES, INC., 789 So. 2d 360 (Fla. Dist. Ct. App. 2001)

. . . See § 78.068, Fla.Stat. (1987). . . . See § 78.068(4), Fla. . . . See § 78.068(6), Fla.Stat. (1987). . . . See § 78.068(l)-(3). . . . See § 78.068(5), Florida Statutes (1987). . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . sheriff is commanded to dispose of the property according to law because of the conflict between sections 78.068 . . .

TRACES FASHION GROUP, INC. d b a A. I. v. C C MANAGEMENT, INC. d b a, 763 So. 2d 502 (Fla. Dist. Ct. App. 2000)

. . . utilized for issuance of the prejudgment writ of replevin properly followed the provisions of Section 78.068 . . .

R. CAPLE, v. TUTTLE S DESIGN- BUILD, INC., 753 So. 2d 49 (Fla. 2000)

. . . In Gazil, this Court applied the Mitchell “totality test” to its assessment of whether section 78.068 . . . Section 78.068’s protective requirements were as follows: (1) the law requires plaintiffs to show facts . . .

INTERNATIONAL FIDELITY INSURANCE COMPANY, v. PRESTIGE RENT- A- CAR, INC., 715 So. 2d 1025 (Fla. Dist. Ct. App. 1998)

. . . See § 78.068, Fla. Stat. (1993). . . . The very purpose of the provision in section 78.068 requiring that a plaintiff in a prejudgment writ . . . is to protect the' defendant if a court later determines that the writ was “obtained wrongfully.” § 78.068 . . . HARRIS, J., dissents with opinion. . 78.068. . . .

EAST INC. a d b a v. MARGOLIS, d b a, 702 So. 2d 286 (Fla. Dist. Ct. App. 1997)

. . . Fason, 584 So.2d 1027, 1030 (Fla. 1st DCA 1991); §§ 78.068(2), 83.12, Fla. . . . See §§ 78.068(3), (4), 83.12, 83.14, Fla. Stat. (1995). . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

. . . sheriff is commanded to dispose of the property according to law because of the conflict between sections 78.068 . . .

FUTURE TECH INTERNATIONAL, INC. a v. TAE IL MEDIA, LTD. IL U. S. A., 944 F. Supp. 1538 (S.D. Fla. 1996)

. . . . § 78.068. . . . The applicable statute is section 78.068, Florida Statutes (1989), which authorizes the issuance of a . . . of the fact that a buyer’s failure to pay for goods is one of the conditions identified in section 78.068 . . . Section 78.068(3) explains that, in order to obtain the writ, the petitioner “must post bond in twice . . . The requirement of bond is not created by section 78.065, however; it appears in section 78.068(3). . . .

TRANS ATLANTIC DISTRIBUTORS, L. P. v. WHILAND CO. S. A., 671 So. 2d 883 (Fla. Dist. Ct. App. 1996)

. . . The trial court issued a prejudgment writ of replevin without notice pursuant to section 78.068(2), Florida . . .

ADVANTAGE CAR RENTAL SALES, INC. d b a v. MITSUBISHI MOTOR SALES OF AMERICA, INC., 664 So. 2d 46 (Fla. Dist. Ct. App. 1995)

. . . . § 78.068, Fla.Stat. (1993). . . .

PRESTIGE RENT- A- CAR, INC. v. ADVANTAGE CAR RENTAL AND SALES, INC. ACRS, 656 So. 2d 541 (Fla. Dist. Ct. App. 1995)

. . . Under section 78.068, the replevin writ is issued without notice or a show cause hearing; the creditor . . . Since a bond was posted and a writ properly issued under section 78.068, the fact that a show cause order . . . for prejudgment writ of replevin was insufficient to meet the verification requirements of section 78.068 . . . Under section 78.068, the allegations in support of the issuance of the prejudgment writ of replevin . . . Section 78.068(3) requires the petitioner to post a bond in the amount of “twice the value of the goods . . .

KALMAN, v. WORLD OMNI FINANCIAL CORPORATION, a, 651 So. 2d 1249 (Fla. Dist. Ct. App. 1995)

. . . Pursuant to section 78.068(1), Florida Statutes (1993), a prejudgment writ of re-plevin “may be issued . . . properly established its entitlement to the issuance of a prejudgment writ of replevin pursuant to section 78.068 . . . See § 78.068(6), Fla.Stat. (1993). See also McMurrain v. . . . Section 78.068(6) provides, The defendant, by contradictory motion filed with the court within 10 days . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . sheriff is commanded to dispose of the property according to law because of the conflict between sections 78.068 . . .

CLASSIC REVIVALS LIMITED, INC. v. TORRES,, 600 So. 2d 47 (Fla. Dist. Ct. App. 1992)

. . . erroneous because neither of the statutory bases for the issuance of such a writ, see §§ 78.055, 78.075, 78.068 . . .

F. BROWN, v. K. STEINER, 592 So. 2d 1270 (Fla. Dist. Ct. App. 1992)

. . . Appellees concede that they erroneously relied on subsection 78.068(4), Florida Statutes (1991). . . .

MORSE OPERATIONS, INC. d b a a v. SUPERIOR RENT- A- CAR, INC., 593 So. 2d 1079 (Fla. Dist. Ct. App. 1992)

. . . The plaintiff need not file a bond, unlike the prejudgment replevin procedure provided for in section 78.068 . . .

D. MEDINA, v. STAR HOLDING COMPANY NO. INC. a, 588 So. 2d 1032 (Fla. Dist. Ct. App. 1991)

. . . Section 78.068(2), Fla.Stat. (1989). . . .

UNICORN STAR, INC. v. LA CORRIDA RESTAURANTE, INC., 591 So. 2d 271 (Fla. Dist. Ct. App. 1991)

. . . The trial court granted a prejudgment writ of replevin under section 78.068, Florida Statutes (1989), . . . It is noted that the writ of replevin was only applied for under section 78.068. . . .

COMCOA, INC. v. M. COE,, 587 So. 2d 474 (Fla. Dist. Ct. App. 1991)

. . . by 78.068(3), the county court judge declined, for no stated reason, to issue the writ. . . . Under F.S. 78.068 the replevin writ is issued without notice or a “show cause hearing.” . . . (4), 78.068(6) and 78.20, for the recovery of improperly replevined property, that 78.068 is constitutionally . . . The provisions of section 78.068(2) clearly fall within the latter category. . . . This language establishes that the use of the word “may” in 78.068 was, as Weston v. . . .

McMURRAIN, v. FASON, d b a PC, 584 So. 2d 1027 (Fla. Dist. Ct. App. 1991)

. . . Fason had posted a bond pursuant to section 78.068(3), Florida Statutes (1989), when the order granting . . . property rights that are constitutionally protected in respect to prejudgment replevin under section 78.068 . . . The Florida statutory procedure applied in this case, sections 78.068-78.21, Florida Statutes (1989), . . . For example, section 78.068(2), provides that a prejudgment writ may issue if the court finds that the . . . Section 78.068(3) provides: The petitioner must post bond in the amount of twice the value of the goods . . .

KDC FINANCIAL CORPORATION, v. AMERICAN ROCK, INC., 578 So. 2d 757 (Fla. Dist. Ct. App. 1991)

. . . Appellant KDC Financial Corporation (KDC) obtained a prejudgment writ of re-plevin pursuant to section 78.068 . . . American moved to dissolve the writ pursuant to section 78.068(6), Florida Statutes (1989), and asked . . . was properly issued based on the evidence of American's failure to make timely payments as agreed. § 78.068 . . . Tackle Shop, Inc., 449 So.2d 1287 (Fla. 4th DCA 1983), review denied, 459 So.2d 1039 (Fla.1984); § 78.068 . . . American moved to dissolve the writ pursuant to section 78.068(6), Florida Statutes (1989), and asked . . .

McMURRAIN, v. FASON, d b a PC, 573 So. 2d 915 (Fla. Dist. Ct. App. 1990)

. . . from the business bank account and concealed sales or profits, and, Therefore, pursuant to Section 78.068 . . . The complaint itself was not verified, and under section 78.068(1) the allegations contained therein . . . As an alternative to filing a verified petition meeting the requirements of section 78.068, Fason could . . . Section 78.068(6) provides, in pertinent part: The defendant, by contradictory motion filed with the . . . See § 78.068(2), Fla.Stat. (1987). . See note 1. . See Zuckerman v. . . . Section 78.068(6) expressly provides that a defendant may obtain dissolution of the prejudgment writ . . .

TRANSTAR CORPORATION, f k a d b a v. INTEX RECREATION CORP., 570 So. 2d 366 (Fla. Dist. Ct. App. 1990)

. . . The applicable statute is section 78.068, Florida Statutes (1989), which authorizes the issuance of a . . .

MEIRELES TRUCK SALES, INC. v. INDUSTRIA DEL AUTOBUS, C. A. a k a C. A., 555 So. 2d 1253 (Fla. Dist. Ct. App. 1989)

. . . Section 78.068(6), Florida Statutes (1987), provides: [t]he defendant, by contradictory motion filed . . . entertain the merits of the case and that defendant’s only option was to post a bond as required by section 78.068 . . . This ruling was in error; section 78.068(6) states specifically that its provisions are in lieu of those . . . set forth in section 78.068(4). . . . Additionally, we note that the purpose of the hearing under section 78.068(6) is to permit the trial . . .

PEOPLE S TELEPHONE COMPANY, v. SUNSHINE PAYPHONES, INC., 519 So. 2d 690 (Fla. Dist. Ct. App. 1988)

. . . Section 78.068, Florida Statutes (1985) provides for a prejudgment writ of replevin upon the posting . . .

ITT COMMERCIAL FINANCE CORPORATION, v. DDD APPLIANCE SERVICE SALES, INC., 509 So. 2d 341 (Fla. Dist. Ct. App. 1987)

. . . That alone is a valid statutory ground for issuance of a prejudgment writ of replevin under section 78.068 . . .

I. A. DURBIN, INC. a D. v. JEFFERSON NATIONAL BANK, a AIA A a P. A., 793 F.2d 1541 (11th Cir. 1986)

. . . . § 78.068 (West Supp.1986), the court issued a prejudgment writ of replevin. . . . Super Food Services, Inc., 356 So.2d 312 (Fla.1978), had held that § 78.068 satisfies the requirements . . . court erred in dismissing the declaratory relief claims since the court erroneously concluded that'§ 78.068 . . . We also find no merit in appellees’ contention that the bankruptcy court determined (1) that § 78.068 . . . Fla.Stat.Ann. § 78.068 (West Supp.1986) provides: 78.068. . . .

CHEUNG v. LEON S., 485 So. 2d 41 (Fla. Dist. Ct. App. 1986)

. . . Should the court decline to dissolve the writ, it should make the findings contemplated by section 78.068 . . .

FORESIGHT ENTERPRISES, INC. CKN v. LEISURE TIME PROPERTIES, INC. W. D. R., 466 So. 2d 283 (Fla. Dist. Ct. App. 1985)

. . . them pending a determination of their right of possession as they might have done pursuant to section 78.068 . . .

AUTO- OWNERS INSURANCE COMPANY, v. HOOKS, 463 So. 2d 468 (Fla. Dist. Ct. App. 1985)

. . . applied for and received from the circuit court an ex parte prejudgment writ of replevin under Section 78.068 . . . Upon close examination of the statute, Section 78.068(1), we note that it authorizes the issuance of . . . the action or that the defendant has failed to make payment as agreed, (emphasis supplied) Section 78.068 . . . Section 78.068(4), Florida Statutes. . . . a prejudgment writ of replevin, which was “obtained wrongfully” under the replevin statute, Section 78.068 . . .

LEASE FINANCING CORPORATION, v. NATIONAL COMMUTER AIRLINES, INC., 462 So. 2d 564 (Fla. Dist. Ct. App. 1985)

. . . Based upon the verified complaint, a prejudgment writ of replevin was issued pursuant to section 78.068 . . . See § 78.068(6), Fla.Stat. (1983). . . . Ford Motor Credit Co., 430 So.2d 1003 (Fla. 4th DCA 1983); § 78.068(2), Fla.Stat. (1983). . . . See § 78.068(2), Fla.Stat. (Supp.1976). We do not see in Mitchell [v. W.T. . . . Under section 78.068(3), LFC was required to post a bond "in the amount of twice the value of the goods . . .

LANDMARK FIRST NATIONAL BANK OF FORT LAUDERDALE, v. BEACH BAIT AND TACKLE SHOP, INC. J. a k a, 449 So. 2d 1287 (Fla. Dist. Ct. App. 1983)

. . . Section 78.068, Florida Statutes (1981), was crafted by the Florida Legislature to conform with the principles . . . Section 78.068(2) indicates that a “prejudgment writ of replevin may issue if the court finds ... that . . . Section 78.068(6), Florida Statutes (1981), states that a defendant “may obtain the dissolution of a . . . Section 78.068 provides: 78.068 Prejudgment writ of replev-in.— (1) A prejudgment writ of replevin may . . . See, e.g., §§ 78.068(1) and 78.-068(5). . . . creditor shows that the debtor will destroy the goods or that the debtor has not made timely payments. § 78.068 . . .

WAITE AIRCRAFT CORP. B. D. v. FORD MOTOR CREDIT COMPANY,, 430 So. 2d 1003 (Fla. Dist. Ct. App. 1983)

. . . Section 78.068(2), Florida Statutes (1981). . . . . § 78.068(6), Fla. Stat. (1981). We affirm the denial of appellant’s motion to dissolve. . . .

WEIGH LESS FOR LIFE, INC. a v. BARNETT BANK OF ORANGE PARK,, 399 So. 2d 88 (Fla. Dist. Ct. App. 1981)

. . . this appeal that an order granting a motion to dissolve a prejudgment writ of replevin under Section 78.068 . . . Section 78.068 provides for issuance of a prejudgment writ of replevin “forthwith” upon certain conditions . . . The language of Section 78.068 was added in 1976 apparently to provide an additional creditor’s remedy . . . No similar language appears in Section 78.068. . . . This language was added in the same enactment in which Section 78.068 was passed, Chapter 76-19, Laws . . .

S. ZUCKERMAN R. v. PROFESSIONAL WRITERS OF FLORIDA, INC., 398 So. 2d 870 (Fla. Dist. Ct. App. 1981)

. . . Section 78.068(1), Florida Statutes (1979) provides that a prejudgment writ of replevin may be issued . . . Section 78.068(6), Florida Statutes (1979) provides that a defendant, by contradictory motion, may obtain . . . prejudgment writs were issued by the clerk and not upon the signed order of a judge as required by Section 78.068 . . . As to bond, Section 78.068(3), Florida Statutes (1979) requires a bond be posted by the petitioner in . . . retain possession of the property, then bond shall be required of appellants as provided by Section 78.068 . . .

THE FLORIDA BAR. In RULES OF CIVIL PROCEDURE, 391 So. 2d 165 (Fla. 1980)

. . . sheriff is commanded to dispose of the property according to law because of the conflict between sections 78.068 . . .

DEVOE RAYNOLDS COMPANY, INC. v. KDS PAINT COMPANY, INC. E., 382 So. 2d 126 (Fla. Dist. Ct. App. 1980)

. . . non-final order dissolving a pre-judgment writ of replevin which had been obtained pursuant to Section 78.068 . . . Section 78.068(6), Florida Statutes (1977), provides: The defendant, by contradictory motion filed with . . . J., and ANSTEAD, J., concur. . 78.068 Prejudgment writ of replevin (1) A prejudgment writ of replevin . . . provisions of subsection (4). .The constitutional sufficiency of the procedures required by Section 78.068 . . .

VEGA, v. W. HUGHES,, 370 So. 2d 1187 (Fla. Dist. Ct. App. 1979)

. . . We also agree with appellant that Section 78.068(3) is applicable and requires that the bond be set in . . .

GAZIL, INC. v. SUPER FOOD SERVICES, INC., 356 So. 2d 312 (Fla. 1978)

. . . The writs were issued in accordance with the procedures set forth in Section 78.068, Florida Statutes . . . The statute at issue here, Section 78.068, Florida Statutes (Supp.1976), meets the five part test for . . . See § 78.068(2), Fla.Stat. (Supp.1976). . . .