Florida Statute 83.12 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.12

83.12 Distress writ.—A distress writ shall be issued by a judge of the court which has jurisdiction of the amount claimed. The writ shall enjoin the defendant from damaging, disposing of, secreting, or removing any property liable to distress from the rented real property after the time of service of the writ until the sheriff levies on the property, the writ is vacated, or the court otherwise orders. A violation of the command of the writ may be punished as a contempt of court. If the defendant does not move for dissolution of the writ as provided in s. 83.135, the sheriff shall, pursuant to a further order of the court, levy on the property liable to distress forthwith after the time for answering the complaint has expired. Before the writ issues, the plaintiff or the plaintiff’s agent or attorney shall file a bond with surety to be approved by the clerk payable to defendant in at least double the sum demanded or, if property, in double the value of the property sought to be levied on, conditioned to pay all costs and damages which defendant sustains in consequence of plaintiff’s improperly suing out the distress.

History.—s. 2, ch. 3131, 1879; RS 1765; GS 2241; s. 10, ch. 7838, 1919; RGS 3560; CGL 5424; s. 34, ch. 67-254; s. 2, ch. 80-282; s. 432, ch. 95-147.

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Amendments to 83.12

Annotations, Discussions, Cases:

Cases Citing Statute 83.12

Total Results: 11

In Re Amendments to Fla. Rules Civ. Proc.

604 So. 2d 1110, 1992 WL 163953

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686576

Cited 15 times | Published

revised to comply with the statutory changes in section 83.12, Florida Statutes, as amended in 1980 to overcome

Comcoa, Inc. v. Coe

587 So. 2d 474, 1991 WL 139152

District Court of Appeal of Florida | Filed: Jul 30, 1991 | Docket: 1405837

Cited 12 times | Published

(Fla. 1977) (distinguished in Gazil; invalidating § 83.12, Fla. Stat. (1975) partially on ground that, under

Lockett v. Smith

72 So. 2d 817, 1954 Fla. LEXIS 1462

Supreme Court of Florida | Filed: May 21, 1954 | Docket: 456674

Cited 9 times | Published

statute. Larson on Workmen's Compensation (1952) Section 83.12. Some authority is available, however, on the

Phillips v. Guin & Hunt, Inc.

344 So. 2d 568

Supreme Court of Florida | Filed: Mar 31, 1977 | Docket: 474668

Cited 6 times | Published

protected from arbitrary encroachment. Under Section 83.12, Florida Statutes,[8] the distress writ is issued

EMP. BEN. PLANS, INC. v. Radice Corporate Ctr. I, Inc.

593 So. 2d 1125, 1992 WL 16662

District Court of Appeal of Florida | Filed: Feb 5, 1992 | Docket: 1508886

Cited 5 times | Published

obtain the temporary relief it seeks through section 83.12, Florida Statutes (1989), were it not for the

Stroemer v. Shevin

399 F. Supp. 993, 1973 U.S. Dist. LEXIS 15163

District Court, S.D. Florida | Filed: Jan 29, 1973 | Docket: 1625308

Cited 3 times | Published

in at least double the sum of money demanded. (F.S.83.12). The Sheriff must execute the writ of distress

Amendments to the Florida Rules of Civil Procedure

773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Supreme Court of Florida | Filed: Oct 5, 2000 | Docket: 64802529

Published

revised to comply with the statutory changes in section 83.12, Florida Statutes, as amended in 1980 to overcome

Goodman v. Brasseria La Capannina, Inc.

602 So. 2d 1245, 17 Fla. L. Weekly Supp. 353, 1992 Fla. LEXIS 1028, 1992 WL 125114

Supreme Court of Florida | Filed: Jun 11, 1992 | Docket: 64669141

Published

DCA 1991), in which the district court held section 83.12, Florida Statutes (1989), unconstitutional on

Brasseria La Capannina, Inc. v. Goodman

579 So. 2d 193, 1991 Fla. App. LEXIS 3576, 1991 WL 55429

District Court of Appeal of Florida | Filed: Apr 17, 1991 | Docket: 64658594

Published

assertion that the distress for rent statute, section 83.12, Florida Statutes, is facially unconstitutional

Florida Bar

391 So. 2d 165, 1980 Fla. LEXIS 4428

Supreme Court of Florida | Filed: Oct 9, 1980 | Docket: 64579206

Published

revised to comply with the statutory changes in section 83.12, Florida Statutes, as amended in 1980 to overcome

McKesson & Robbins, Inc. v. Taft Street Shopping Center

184 So. 2d 210, 1966 Fla. App. LEXIS 5649

District Court of Appeal of Florida | Filed: Mar 18, 1966 | Docket: 64496044

Published

of 1962. A bond was filed as required by F.S.A. § 83.12 in the amount of $3720. On July 28, 1962 levy was