The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

View Entire Chapter

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

F.S. 83.12 on Casetext

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:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

159 East Inc. v. Margolis
702 So. 2d 286 (Fla. Dist. Ct. App. 1997) Cited 1 times
Finally, the appellee's improper use of the prejudgment writ of replevin to detain the furniture, rather than a distress writ, did not preclude her from enforcing her statutory landlord's lien. These writs are both issued for the purpose of obtaining and securing possession of claimed property, see McMurrain v. Fason, 584 So.2d 1027, 1030 (Fla. 1st DCA 1991); §§ 78.068(2), 83.12, Fla. Stat. (1995), and have similar procedural requirements for enforcement and dissolution. See §§ 78.068(3), (4), 83.12, 83.14, Fla. Stat. (1995). Thus, the appellee's error did not bar her equitable right to satisfy her judgment for unpaid rent under these circumstances. See Perry v. Benson, 94 So.2d 819, 821 (Fla. 1957). The appellee was also entitled to use distress proceedings to recover rents due under the terms of the lease's acceleration clause. See Dobbs v. Petko, 207 So.2d 11, 13 (Fla. 4th DCA 1968).
In re Amendments to the Florida Rules of Civil Procedure
604 So. 2d 1110 (Fla. 1992) Cited 23 times
Motion for summary judgment
Motion to dismiss
14 more...
78.068 78.13 five 5 , still three 3 FORM 1.909 . DISTRESS T t , s Committee Notes 1980 Amendment. 83.12 Phillips v. Guin Hunt, Inc., 344 So.2d 568 FORM 1.910 . SUBPOENA FOR TRIAL : : M m , _____________________________
Goodman v. Brasseria La Capannina, Inc.
602 So. 2d 1245 (Fla. 1992) Cited 1 times
§ 83.12, Fla. Stat. (1989).
PAGE 1247
Emp. Ben. Plans v. Radice Corporate
593 So. 2d 1125 (Fla. Dist. Ct. App. 1992) Cited 5 times
In addition, Radice has other remedies at law that preclude injunctive relief here. It claims a landlord's lien on the subject property pursuant to section 83.08. While the provisions of Chapter 83, Florida Statutes (1991), relating to enforcement of said law by a distress complaint and issuance of a distress writ pursuant to section 83.12 have been held unconstitutional, said lien is subject to a common law foreclosure. Sachs v. Curry-Thomas Hardware, 464 So.2d 597 (Fla. 1st DCA 1985).
PAGE 1127
Comcoa, Inc. v. Coe
587 So. 2d 474 (Fla. Dist. Ct. App. 1991) Cited 17 times
Brasseria, 579 So.2d at 193. It goes without saying that under both §§ 83.12 and 78.068, the court may not issue the writ without first making the "independent factual determination that the requirements of the statute have been complied with." 579 So.2d at 193. Since that is true, the verification provision constitutionalizes both statutes. See Gazil, 356 So.2d at 312. Moreover, Phillips specifically permits a clerk to make the necessary determination of the sufficiency of the complaint. Phillips, 344 So.2d at 574. Since, under 83.12 and 78.068, that finding must be made by the court, there is even less objection to their validity.
PAGE 479
Brasseria La Capannina, Inc. v. Goodman
579 So. 2d 193 (Fla. Dist. Ct. App. 1991) Cited 3 times
The prior version of section 83.12 provided, in pertinent part:
Executive Group Management v. Danyale
528 So. 2d 135 (Fla. Dist. Ct. App. 1988)
The final order under review is affirmed without prejudice to the appellant to file a new writ of distress action under Sections 83.11, 83.12, 83.13, Florida Statutes (1985), as to the property removed by the appellees from the subject premises to the new offices of the appellees. The appellant clearly retains its lien rights as to the appellees' property in the latter's new offices by virtue of the agreement of counsel as memorialized by the order of the court below dated January 12, 1988; indeed, counsel for the appellees conceded as much during the oral argument before this court.
The Florida Bar
391 So. 2d 165 (Fla. 1980) Cited 26 times
Motion to dismiss
1 more...
This form is substantially revised to comply with the statutory changes in section 83.12, Florida Statutes, as amended in 1980 to overcome the unconstitutionality of distress proceedings. See Phillips v. Guin Hunt, Inc., 344 So.2d 568 (Fla. 1977). Because the revision is substantial, no struck-through or underscored type is indicated.
PAGE 180
State v. Miller
373 So. 2d 677 (Fla. 1979) Cited 3 times
Motion to dismiss
1 more...
§§ 83.11, 83.12, 83.14-.19, Fla. Stat. (1975).
PAGE 680
Phillips v. Guin & Hunt, Inc.
344 So. 2d 568 (Fla. 1977) Cited 10 times
1 more...
§ 83.12, Fla. Stat., provides as follows:
PAGE 572
Cases from cite.case.law:
AGUA CALIENTE TRIBE OF CUPE O INDIANS OF PALA RESERVATION, v. SWEENEY, 932 F.3d 1207 (9th Cir. 2019)

. . . . § 83.12. Staff historians and anthropologists at Interior conduct this review. . . . recognition-whether it has been previously recognized or not-may petition Interior. 25 C.F.R. §§ 83.3 - 83.5, 83.12 . . . recognizing tribes that have been "previously acknowledged as a federally recognized tribe." 25 C.F.R. § 83.12 . . . limited to tribes whose relationship with the federal government has lapsed or terminated. 25 C.F.R. § 83.12 . . . There are specific Part 83 regulations for previously recognized tribes, 25 C.F.R. § 83.12, and for a . . .
KOI NATION OF NORTHERN CALIFORNIA, v. UNITED STATES DEPARTMENT OF INTERIOR,, 361 F. Supp. 3d 14 (D.D.C. 2019)

. . . . § 83.12 (previously codified at 25 C.F.R. § 83.8 ). . . .
WYANDOT NATION OF KANSAS, v. UNITED STATES,, 858 F.3d 1392 (Fed. Cir. 2017)

. . . . § 83.12(a). . . .
WYANDOT NATION OF KANSAS, v. UNITED STATES,, 858 F.3d 1392 (Fed. Cir. 2017)

. . . . § 83.12(a). . . .
IN RE LAINHART, v., 566 B.R. 464 (Bankr. E.D. Ky. 2017)

. . . . §§ 157(a) and 1334, and Joint Local Rule 83.12 of the United States District Courts for the Eastern . . .
IN RE WHITE PHI LLC, v. R., 561 B.R. 413 (Bankr. E.D. Ky. 2016)

. . . . §§ 157(a) and 1334, and Joint Local Rule 83.12 of the United States District Courts for the Eastern . . .
IN RE MCWHORTER, K. v., 557 B.R. 543 (Bankr. E.D. Ky. 2016)

. . . . §§ 157(a) and 1334, and Joint Local Rule 83.12 of the United States District Courts for the Eastern . . .
CONFEDERATED TRIBES OF GRAND RONDE COMMUNITY OF OREGON, v. JEWELL,, 830 F.3d 552 (D.C. Cir. 2016)

. . . . § 83.12(b) (1994), based on the Secretary’s alleged failure independently to verify the Tribe’s business . . . authority to take the land into trust because it allegedly shirked a responsibility under 25 C.F.R. § 83.12 . . . Under IRA regulation 25 C.F.R. § 83.12(b) (1994), the Cowlitz had submitted a list of members as part . . . We first reject any claim regarding 25 C.F.R. § 83.12(b) as forfeited. . . . Not only did Clark County fail to invoke Section 83.12(b) in express terms, but it was not “necessarily . . .
CONFEDERATED TRIBES OF GRAND RONDE COMMUNITY OF OREGON, v. JEWELL,, 830 F.3d 754 (D.C. Cir. 2016)

. . . . § 83.12(b) (1994), based on the Secretary’s alleged failure independently to verify the Tribe’s business . . . authority to take the land into trust because it allegedly shirked a responsibility under 25 C.F.R. § 83.12 . . . Under IRA regulation 25 C.F.R. § 83.12(b) (1994), the Cowlitz had submitted a list of members as part . . . We first reject any claim regarding 25 C.F.R. § 83.12(b) as forfeited. . . . Not only did Clark County fail to invoke Section 83.12(b) in express terms, but it was not “necessarily . . .
CONFEDERATED TRIBES OF GRAND RONDE COMMUNITY OF OREGON, v. JEWELL,, 424 U.S. App. D.C. 292 (D.C. Cir. 2016)

. . . . § 83.12(b) (1994), based on the Secretary’s alleged failure independently to verify the Tribe’s business . . . authority to take the land into trust because it allegedly shirked a responsibility under 25 C.F.R. § 83.12 . . . Under IRA regulation 25 C.F.R. § 83.12(b) (1994), the Cowlitz had submitted a list of members as part . . . We first reject any claim regarding 25 C.F.R. § 83.12(b) as forfeited. . . . Not only did Clark County fail to invoke Section 83.12(b) in express terms, but it was not “necessarily . . .
IRVIN, E. J. F. v. S. FALLER, II,, 531 B.R. 704 (Bankr. W.D. Ky. 2015)

. . . The Western District of Kentucky, by Local Rule 83.12, has provided for such reference to the Bankruptcy . . . See LR 83.12. . . .
CONFEDERATED TRIBES OF GRAND RONDE COMMUNITY OF OREGON, v. JEWELL,, 75 F. Supp. 3d 387 (D.D.C. 2014)

. . . . § 83.12 to confirm that the new Tribe members “maintained social and political ties with the tribe . . . Clark County Plaintiffs previously argue that the Secretary has an ongoing obligation under 25 C.F.R. § 83.12 . . .
In MASON,, 514 B.R. 852 (Bankr. E.D. Ky. 2014)

. . . Eastern District of Kentucky has referred such proceedings to the Bankruptcy Court through Local Rule 83.12 . . . LR 83.12(a) (emphasis supplied). . . .
PACIFIC STOCK, INC. v. PEARSON EDUCATION, INC., 927 F. Supp. 2d 991 (D. Haw. 2013)

. . . Only after the court sought the parties’ compliance with Local Rule 83.12 was a motion to seal the documents . . .
HALL, v. SOUTHWEST AIRLINES CO., 282 F.R.D. 419 (N.D. Tex. 2012)

. . . appearance prior to undertaking acts as a party’s counsel is compatible with the requirement in Local Rule 83.12 . . . P. 83.12. . . .
In APPALACHIAN FUELS, LLC, LLC, v., 472 B.R. 731 (E.D. Ky. 2012)

. . . Moreover, pursuant to Local Rule 83.12, all matters arising under or arising in or related to cases arising . . .
In M. TOLLIVER, M. v., 464 B.R. 720 (Bankr. E.D. Ky. 2012)

. . . pursuant to its statutory authority to do so, has referred such proceedings to this Court via Local Rule 83.12 . . .
SAMISH INDIAN NATION, v. UNITED STATES,, 657 F.3d 1316 (Fed. Cir. 2011)

. . . . § 83.12(c) (2011). . . .
SAMISH INDIAN NATION, v. UNITED STATES,, 657 F.3d 1330 (Fed. Cir. 2011)

. . . . § 83.12(c) (2011). . . .
In FRAMBES, v. LLC,, 454 B.R. 437 (Bankr. E.D. Ky. 2011)

. . . LR 83.12. . . .
ABBEY, v. HAWAII EMPLOYERS MUTUAL INSURANCE COMPANY HEMIC, 760 F. Supp. 2d 1005 (D. Haw. 2010)

. . . confidential medical records are ordered sealed even though Defendants have still not complied with Local Rule 83.12 . . .
HARGER, M. v. DEPARTMENT OF LABOR, 560 F.3d 1071 (9th Cir. 2009)

. . . . §§ 83.1-83.9, 83.12-83.14. . . .
HARGER, M. v. DEPARTMENT OF LABOR, 569 F.3d 898 (9th Cir. 2009)

. . . . §§ 83.1-83.9, 83.12-83.14. . . .
F. OGDEN, v. J. ASTRUE,, 597 F. Supp. 2d 626 (N.D.W. Va. 2009)

. . . Kaull in accordance with Rule 83.12 of the Local Rules of General Practice and Procedure. . . .
MICHIGAN GAMBLING OPPOSITION a v. NORTON, E- Be- a, 477 F. Supp. 2d 1 (D.D.C. 2007)

. . . . § 83.12(a). . . . .
STEINBUCH, v. CUTLER, 463 F. Supp. 2d 4 (D.D.C. 2006)

. . . See Local Rules 83.2 and 83.12. . . .
L. CARCIERI, a v. A NORTON,, 398 F.3d 22 (1st Cir. 2005)

. . . tribes by virtue of their government-to-government relationship with the United States.” 25 C.F.R. 83.12 . . .
UNITED STATES v. WASHINGTON S S, 394 F.3d 1152 (9th Cir. 2005)

. . . . §§ 83.2, 83.12 (2003). . . . .
NARRAGANSETT INDIAN TRIBE OF RHODE ISLAND, v. RHODE ISLAND L. C. M. C. v., 296 F. Supp. 2d 153 (D.R.I. 2003)

. . . . § 83.12(a). . . . .
M. ROEDER, v. ISLAMIC REPUBLIC OF IRAN, 195 F. Supp. 2d 140 (D.D.C. 2002)

. . . See LCvR 83.12(b) and LCvR 83.15 (incorporating Rule of Professional Conduct 3.3(a)(3)). . . .
BERTHOLD TYPES LTD. v. ADOBE SYSTEMS, INCORPORATED, a, 186 F. Supp. 2d 834 (N.D. Ill. 2002)

. . . Local General Rule 83.12 does not require membership in the Illinois bar, and membership in the general . . .
AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . This form is substantially revised to comply with the statutory changes in section 83.12, Florida Statutes . . .
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 THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . This form is substantially revised to comply with the statutory changes in section 83.12, Florida Statutes . . .
H. GOODMAN, v. BRASSERIA LA CAPANNINA, INC., 602 So. 2d 1245 (Fla. 1992)

. . . Goodman, 579 So.2d 193 (Fla. 4th DCA 1991), in which the district court held section 83.12, Florida Statutes . . . hearing, also on May 16, 1990, the trial court issued the distress writ pursuant to sections 83.11 and 83.12 . . . On appeal, the district court reversed, holding section 83.12 facially unconstitutional because it provides . . . In Phillips we held sections 83.11, 83.12 and 83.14-.19, Florida Statutes (1975), unconstitutional as . . . We further construe the phrase “[a] distress writ shall be issued by a judge” in section 83.12 as merely . . .
EMPLOYEE BENEFIT PLANS, INC. v. RADICE CORPORATE CENTER I, INC., 593 So. 2d 1125 (Fla. Dist. Ct. App. 1992)

. . . injunction is proper in that it ordinarily could obtain the temporary relief it seeks through section 83.12 . . . enforcement of said law by a distress complaint and issuance of a distress writ pursuant to section 83.12 . . .
COMCOA, INC. v. M. COE,, 587 So. 2d 474 (Fla. Dist. Ct. App. 1991)

. . . Guin & Hunt, Inc., 344 So.2d 568, 574 (Fla.1977) (distinguished in Gazil; invalidating § 83.12, Fla.Stat . . . In any event, Brasseria, which found § 83.12, Fla.Stat. (1989) was invalid because it provides that " . . . It goes without saying that under both §§ 83.12 and 78.068, the court may not issue the writ without . . . Since, under 83.12 and 78.068, that finding must be made by the court, there is even less objection to . . .
BRASSERIA LA CAPANNINA, INC. v. H. GOODMAN,, 579 So. 2d 193 (Fla. Dist. Ct. App. 1991)

. . . We agree with the Tenants’ assertion that the distress for rent statute, section 83.12, Florida Statutes . . . Under Section 83.12, Florida Statutes, the distress writ is issued by the clerk based upon an unverified . . . The prior version of section 83.12 provided, in pertinent part: On filing the complaint, the clerk shall . . . After Phillips section 83.12 was amended to read as follows: A distress writ shall be issued by a judge . . . Thus, because section 83.12 provides no discretion to the judge to deny a request for a distress writ . . .
EXECUTIVE GROUP MANAGEMENT, INC. a d b a v. DANYALE, INC. a, 528 So. 2d 135 (Fla. Dist. Ct. App. 1988)

. . . affirmed without prejudice to the appellant to file a new writ of distress action under Sections 83.11, 83.12 . . .
LAKESIDE ASSOCIATES v. SCHMIDT CHINA COMPANY,, 25 Fla. Supp. 2d 24 (Fla. Cir. Ct. 1987)

. . . The motion for an award of attorneys’ fees and costs pursuant to Florida Statute § 83.12 is granted. . . . The Court concludes that attorneys’ fees and costs may be awarded under Florida Statute § 83.12 which . . . An analysis of Florida Statute § 83.12 reveals that the language of that statute is identical to the . . .
In CLAYTON GRAIN ELEVATOR, INC. G. HARRISON, v. MITCHELL,, 46 B.R. 502 (Bankr. W.D. La. 1984)

. . . Court for the county in which the property was located transmitting a Clayton Grain Elevator check for $83.12 . . .
THE FLORIDA BAR. In RULES OF CIVIL PROCEDURE, 391 So. 2d 165 (Fla. 1980)

. . . Judge Committee Note This form is substantially revised to comply with the statutory changes in section 83.12 . . .
STATE v. MILLER,, 373 So. 2d 677 (Fla. 1979)

. . . . §§ 83.11, 83.12, 83.14-.19, Fla.Stat. (1975). . §§ 77.031, 77.04, 77.06, 77.07, Fla.Stat. (1975). . . . .
B. PHILLIPS R. d b a A H v. GUIN HUNT, INC., 344 So. 2d 568 (Fla. 1977)

. . . In accordance with Sections 83.12 and 83.13, Florida Statutes, a deputy clerk of Orange County, Florida . . . regarding prejudgment procedures, we find that the circuit court was correct in ruling that Sections 83.11, 83.12 . . . Today, we find that Sections 83.11, 83.12, and 83.14-.19, Florida Statutes, are unconstitutional because . . . Under Section 83.12, Florida Statutes, the distress writ is issued by the clerk based upon an unverified . . . For the reasons stated herein, the judgment of the circuit court declaring Sections 83.11, 83.12 and . . .
OVERSEAS AFRICAN CONSTRUCTION CORP. St. Co. v. McMULLEN, D. Jr., 500 F.2d 1291 (2d Cir. 1974)

. . . Larson, The Law of Workmen’s Compensation §§ 83.12, 83.17 (1973). . . .
STROEMER, a v. L. SHEVIN,, 399 F. Supp. 993 (S.D. Fla. 1973)

. . . The issue in this cause is whether the Florida Distress Statutes, 83.08, 83.09, 83.11, 83.12, 83.13, . . . (F.S.83.12). . . .
McKESSON ROBBINS, INC. a v. TAFT STREET SHOPPING CENTER, a, 184 So. 2d 210 (Fla. Dist. Ct. App. 1966)

. . . . § 83.12 in the amount of $3720. . . .
LOCKETT v. SMITH, 72 So. 2d 817 (Fla. 1954)

. . . Larson on Workmen’s Compensation (1952) Section 83.12. . . .
INTERSTATE COMMERCE COMMISSION v. WESTERN A. R. CO., 88 F. 186 (C.C.N.D. Ga. 1898)

. . . present, are as follows: From Cincinnati to Chattanooga, 76 cents; to Calhoun, §1.09; to Adairsville, 83.12 . . .
LA CHAMPAGNE. SEWALL v. LA CHAMPAGNE, 53 F. 398 (S.D.N.Y. 1892)

. . . condition, adding to that amount the $9,500, allowed by the commissioner, and also the additional sum of $83.12 . . . This interest amounts to $83.12, and should be allowed like any other actual outlay in repairing the . . .
FLINT AND P RE MARQUETTE RAILROAD COMPANY v. THE UNITED STATES, 18 Ct. Cl. 420 (Ct. Cl. 1883)

. . . Company on said route from July 1, 1876, as follows; From Monroe to Flint, 83.12 miles, $96 per mile. . . .
v., 10 Ct. Cl. 276 (Ct. Cl. 1874)

. . . If the court has jurisdiction of the claim for $83.12 by virtue of the act of 1868, plaintiff was at . . .

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

Cases from cite.case.law: