Florida Statute 83.12 | Lawyer Caselaw & Research

The 2024 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.

F.S. 83.12 on Google Scholar

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Amendments to 83.12

Arrestable Offenses / Crimes under Fla. Stat. 83.12

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.12.

Annotations, Discussions, Cases:

Cases Citing Statute 83.12

Total Results: 20

Cary Michael Lambrix v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2017-09-29

Citation: 227 So. 3d 112, 42 Fla. L. Weekly Supp. 833, 2017 Fla. LEXIS 1944

Snippet: Dismiss the Indictment, State v. Lambrix, Case No. 83-12, at ¶ 13. Indeed, Lambrix’s attorneys made every

Laura M. Watson, P.A. v. Stewart Tilghman Fox & Bianchi, P.A.

Court: District Court of Appeal of Florida | Date Filed: 2014-10-15

Citation: 162 So. 3d 102, 2014 Fla. App. LEXIS 16803, 2014 WL 5149106

Snippet: 198 So. 842 (1940); McGehee v. Wilkins, 31 Fla. 83, 12 So. 228 (1893). Id. (emphasis added). In Space

Laura M. Watson, P.A., d/b/a Watson & Lentner v. Stewart Tilghman Fox & Bianchi, P.A., etc., William C. Hearon, P.A., etc. and Todd S. Stewart, P.A., etc.

Court: District Court of Appeal of Florida | Date Filed: 2014-10-15

Snippet: 198 So. 842 (1940); McGehee v. Wilkins, 31 Fla. 83, 12 So. 228 (1893). Id. (emphasis added). In

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-05

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

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

159 East Inc. v. Margolis

Court: District Court of Appeal of Florida | Date Filed: 1997-12-10

Citation: 702 So. 2d 286, 1997 Fla. App. LEXIS 13660, 1997 WL 756601

Snippet: 2d 1027, 1030 (Fla. 1st DCA 1991); §§ 78.068(2), 83.12, Fla. Stat. (1995), and have similar procedural

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-02-28

Snippet: punishable as provided in s. 775.082 or s. 775.083."12 Thus, while the act imposes personal liability

Walker v. Bentley

Court: District Court of Appeal of Florida | Date Filed: 1995-08-30

Citation: 660 So. 2d 313, 1995 WL 508902

Snippet: punishable as provided in s. 775.082 or s. 775.083. [12] For example, a spouse who refused to participate

In Re Amendments to Fla. Rules Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1992-07-16

Citation: 604 So. 2d 1110, 1992 WL 163953

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

Goodman v. Brasseria La Capannina, Inc.

Court: Supreme Court of Florida | Date Filed: 1992-06-11

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1992-02-05

Citation: 593 So. 2d 1125, 1992 WL 16662

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

Comcoa, Inc. v. Coe

Court: District Court of Appeal of Florida | Date Filed: 1991-07-30

Citation: 587 So. 2d 474, 1991 WL 139152

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

Brasseria La Capannina, Inc. v. Goodman

Court: District Court of Appeal of Florida | Date Filed: 1991-04-17

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

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

Executive Group Management, Inc. v. Danyale, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1988-07-19

Citation: 528 So. 2d 135, 13 Fla. L. Weekly 1710, 1988 Fla. App. LEXIS 3148

Snippet: new writ of distress action under Sections 83.11, 83.12, 83.13, Florida Statutes (1985), as to the property

Space Coast Credit Union v. the First, FA

Court: District Court of Appeal of Florida | Date Filed: 1985-03-28

Citation: 467 So. 2d 737, 10 Fla. L. Weekly 823, 1985 Fla. App. LEXIS 13221

Snippet: 198 So. 842 (1940); McGhee v. Wilkins, 31 Fla. 83, 12 So. 228 (1893). In this case, the judgment creditor

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-01-10

Snippet: subsequent Attorney General's Opinions 83-11 and 83-12, dealing with fringe benefits, and ss 240.317 and

Weinstein v. Weinstein

Court: District Court of Appeal of Florida | Date Filed: 1984-02-01

Citation: 447 So. 2d 309, 1984 Fla. App. LEXIS 11604

Snippet: GLICKSTEIN, Judge. This is an appeal from an order, denying the wife’s petition for modification. We reverse and remand as to the wife’s petition. There is no cross appeal by the husband. The parties’ sixteen year marriage was dissolved by final judgment in 1979. At the time of dissolution, the wife was forty-seven years old and a housewife; the husband, a medical doctor. There were two minor children, whose custody was awarded the wife, who was also granted exclusive use and possession of the marital

Drury v. Harding

Court: District Court of Appeal of Florida | Date Filed: 1983-12-29

Citation: 443 So. 2d 360

Snippet: State of Florida v. Milford D. Guthrie, Case No. 83-12-AP; State of Florida v. Danny Paul Johnson, Case

State Ex Rel. Reno v. Neu

Court: District Court of Appeal of Florida | Date Filed: 1983-07-26

Citation: 434 So. 2d 1035

Snippet: of the North Miami City Council, Appellees. No. 83-12. District Court of Appeal of Florida, Third District

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1980-10-09

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

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

State v. Miller

Court: Supreme Court of Florida | Date Filed: 1979-07-18

Citation: 373 So. 2d 677, 1979 Fla. LEXIS 4755

Snippet: the law from the New York courts. . §§ 83.11, 83.12, 83.14-.19, Fla.Stat. (1975). . §§ 77.031, 77