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Florida Statute 78.10 | Lawyer Caselaw & Research
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The 2024 Florida Statutes (including 2025 Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 78
REPLEVIN
View Entire Chapter
F.S. 78.10
78.10 Writ; execution on property in buildings or enclosures.In executing the writ of replevin, if the sheriff has reasonable grounds to believe that the property or any part thereof is secreted or concealed in any dwelling house or other building or enclosure, the sheriff shall publicly demand delivery thereof; and, if it is not delivered by the defendant or some other person, the sheriff shall cause such house, building, or enclosure to be broken open and shall make replevin according to the writ; and, if necessary, the sheriff shall take to his or her assistance the power of the county. However, if the sheriff does not have reasonable grounds to believe that the property to be replevied is secreted or concealed in any dwelling house or other building or enclosure, the plaintiff may petition the court for a “break order” directing the sheriff to enter physically any dwelling house or other building or enclosure. Upon a showing of probable cause by the plaintiff, the court shall enter such “break order.”
History.s. 7, Mar. 11, 1845; RS 1716; GS 2180; RGS 3485; CGL 5338; s. 28, ch. 67-254; s. 1, ch. 73-20; s. 7, ch. 83-255; s. 407, ch. 95-147.

F.S. 78.10 on Google Scholar

F.S. 78.10 on Casetext

Amendments to 78.10


Arrestable Offenses / Crimes under Fla. Stat. 78.10
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 78.10.



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