Florida Statutes

Fla. Stat. § 83.12 (2025)

Distress writ.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 12 cases, 1954–2000 · leading case: Comcoa, Inc. v. Coe, 587 So. 2d 474 (Fla. 3d DCA 1991).

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Comcoa, Inc. v. Coe, 587 So. 2d 474 (Fla. 3d DCA 1991). · cites it 5× “1977) (distinguished in Gazil; invalidating § 83.12, Fla. Stat. (1975) partially on ground that, under statute, "distress writ [for rent] is issued by the clerk based upon an unverified complaint without the necessity of a preliminary factual determination as to the validity of…”

Phillips v. Guin & Hunt, Inc., 344 So. 2d 568 (Fla. 1977). · cites it 4× “[3] § 83.12, Fla. Stat., provides as follows: " Distress for rent; form of writ.”

Florida Bar, 391 So. 2d 165 (Fla. 1980). · cites it 2× “DATED on_, 19- Judge Committee Note 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.”

Brasseria La Capannina, Inc. v. Goodman, 579 So. 2d 193 (Fla. 4th DCA 1991). · cites it 8× “We agree with the Tenants’ assertion that the distress for rent statute, section 83.12, Florida Statutes, is facially unconstitutional.”

In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992). · cites it 2× “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.”

Amendments to the Florida Rules of Civil Procedure, 773 So. 2d 1098 (Fla. 2000). · cites it 2× “This form is substantially revised to comply with the statutory changes in section 83.12, Florida Statutes, as amended in 1980 to overcome the *1131 unconstitutionality of distress proceedings.”

EMP. BEN. PLANS, INC. v. Radice Corp. Ctr. I, Inc., 593 So. 2d 1125 (Fla. 4th DCA 1992). · cites it 3× “Radice, of course, contends that the temporary injunction is proper in that it ordinarily could obtain the temporary relief it seeks through section 83.12, Florida Statutes (1989), were it not for the fact that this court held the statute unconstitutional in Brasseria La…”

Goodman v. Brasseria La Capannina, Inc., 602 So. 2d 1245 (Fla. 1992). · cites it 8× “Before the writ issues, the plaintiff or his 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…”

Lockett v. Smith, 72 So. 2d 817 (Fla. 1954). “Larson on Workmen's Compensation (1952) Section 83.12. Some authority is available, however, on the construction of statutory provisions pertaining to extra payment for delinquency as in Section 440.”

McKesson & Robbins, Inc. v. Taft Street Shopping Ctr., 184 So. 2d 210 (Fla. 3d DCA 1966). · cites it 2× “A bond was filed as required by F.S.A. § 83.12 in the amount of 20. On July 28, 1962 levy was made upon the contents of Silver Drug’s drugstore located in the Taft Street Shopping Center.”

Stroemer v. Shevin, 399 F. Supp. 993 (S.D. Fla. 1973). “(F.S.83.12). The Sheriff must execute the writ of distress upon the tenant and levy on property distrainable for such rent.”

Lakeside Assocs. v. Schmidt China Co., 25 Fla. Supp. 2d 24 (Fla. Cir. Ct. 1987). · cites it 3× “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.”

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