Florida Statutes

Fla. Stat. § 83.14 (2025)

Replevy of distrained property.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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83.14 Replevy of distrained property.—The property distrained may be restored to the defendant at any time on the defendant’s giving bond with surety to the sheriff levying the writ. The bond shall be approved by such sheriff; made payable to plaintiff in double the value of the property levied on, with the value to be fixed by the sheriff; and conditioned for the forthcoming of the property restored to abide the final order of the court. It may be also restored to defendant on defendant’s giving bond with surety to be approved by the sheriff making the levy conditioned to pay the plaintiff the amount or value of the rental or advances which may be adjudicated to be payable to plaintiff. Judgment may be entered against the surety on such bonds in the manner and with like effect as provided in s. 76.31.

History.—s. 3, ch. 3131, 1879; RS 1766; s. 1, ch. 4408, 1895; RGS 3561; CGL 5425; s. 34, ch. 67-254; s. 16, ch. 82-66; s. 9, ch. 83-255; s. 434, ch. 95-147.

Notes of Decisions

Cited in 2 cases, 1957–1973 · leading case: Stroemer v. Shevin, 399 F. Supp. 993 (S.D. Fla. 1973).

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Stroemer v. Shevin, 399 F. Supp. 993 (S.D. Fla. 1973). “The Defendant-Tenant may have the distrained property resored by giving a similar bond to the officer levying the distress writ payable to the Plaintiff-Landlord (F.”

Loveridge v. Buehler, 12 Fla. Supp. 120 (Fla. Cir. Ct., Brevard Cty. 1957). · cites it 2× “This section further provides that if the property has been restored to the defendant as provided for in section 83.14, the court shall enter judgment against the sureties on the bond and execution shall issue and be enforced as in other cases.”

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