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Florida Statute 83.62 | Lawyer Caselaw & Research
F.S. 83.62 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 83.62

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
F.S. 83.62
83.62 Restoration of possession to landlord.
(1) In an action for possession, after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put the landlord in possession after 24 hours’ notice conspicuously posted on the premises. Saturdays, Sundays, and legal holidays do not stay the 24-hour notice period.
(2) At the time the sheriff executes the writ of possession or at any time thereafter, the landlord or the landlord’s agent may remove any personal property found on the premises to or near the property line. Subsequent to executing the writ of possession, the landlord may request the sheriff to stand by to keep the peace while the landlord changes the locks and removes the personal property from the premises. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the sheriff. Neither the sheriff nor the landlord or the landlord’s agent shall be liable to the tenant or any other party for the loss, destruction, or damage to the property after it has been removed.
History.s. 2, ch. 73-330; s. 3, ch. 82-66; s. 5, ch. 88-379; s. 8, ch. 94-170; s. 1375, ch. 95-147; s. 2, ch. 96-146; s. 13, ch. 2013-136.

F.S. 83.62 on Google Scholar

F.S. 83.62 on Casetext

Amendments to 83.62


Arrestable Offenses / Crimes under Fla. Stat. 83.62
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.62.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BENSOUSSAN v. LLC,, 252 So. 3d 298 (Fla. App. Ct. 2018)

. . . Section 83.62, Florida Statutes, Is Inapplicable The trial court order states that the Prior Owners were . . . alleging that "the put-out on July 15, 2015 is governed by Florida Statutes § 83.62." . . . The amended complaint mentioned section 83.62 in a footnote to one paragraph of the general allegations . . . There is no separate claim grounded on a violation of section 83.62, nor are the causes of action alleged . . . Section 83.62(2) applies to a writ of possession executed by the sheriff regarding a residential apartment . . .

ICE, v. COSMOPOLITAN RESIDENCES ON SOUTH BEACH, A CONDOMINIUM ASSOCIATION, INC., 237 So. 3d 408 (Fla. App. Ct. 2017)

. . . Finally, the Association's reliance on section 83.62(2), Florida Statutes (2012), is also unavailing. . . . Second, section 83.62(2) exculpates the sheriff, landlord, and landlord's agent from liability "for the . . .

SKELTON, v. REAL ESTATE SOLUTIONS HOME SELLERS, LLC,, 202 So. 3d 960 (Fla. Dist. Ct. App. 2016)

. . . part of its rationale for granting summary judgment, the trial court erroneously relied ■ upon section 83.62 . . . Hemlock, its manager, that it properly obtained the writ of possession pursuant to section 83.62, which . . . The trial court considered that argument and relied upon section 83.62 as one basis for granting summary . . . Thus, the trial court erred when it concluded, as Appellee requested, that the section 83.62 writ of . . . Because section 83.62 immunity cannot shield Appellee here, it was error for the trial court to use that . . .

ZISSU v. PROPERTY ILLINOIS, L. P. II d b a, 157 F. Supp. 3d 797 (N.D. Ill. 2016)

. . . . § 83.62(2) (allowing the -landlord to remove personal property found on the premises and stating that . . .

MISSOURI CHILD CARE ASSOCIATION, d b a s v. K. MARTIN,, 241 F. Supp. 2d 1032 (W.D. Mo. 2003)

. . . diem payment rates are as follows: emergency shelter — $55.18; Moderate Need — $65.89; Severe Need— $83.62 . . .

COHEN, v. G. GINSBERG, N., 715 So. 2d 1113 (Fla. Dist. Ct. App. 1998)

. . . .” § 83.62(1), Fla. Stat. (1997). . . .

METROPOLITAN DADE COUNTY v. GREEN, 43 Fla. Supp. 2d 85 (Fla. Cir. Ct. 1990)

. . . remand the case with instructions to issue a writ of possession pursuant to the provisions of section 83.62 . . .

POST v. WALLACE,, 15 Fla. Supp. 2d 1 (Fla. Cty. Ct. 1985)

. . . copy of the Writ of Possession and the “Twenty-four Hour Warning”, required by Florida Statute Section 83.62 . . .

J. B. LIPPINCOTT COMPANY, v. LASHER,, 430 F. Supp. 993 (S.D.N.Y. 1977)

. . . Lasher, at his request, certain books from other publishers, the cost of which, plus postage, totalled $83.62 . . . Plaintiff is directed to settle a judgment on notice for the full amount of the advances, plus the $83.62 . . .

STEWART d b a v. GREEN, 300 So. 2d 889 (Fla. 1974)

. . . Section 83.41 and Section 83.62, F.S.A.) either enacted earlier in time or enacted in pari materia, it . . .

O HARA, v. UNITED STATES LINES COMPANY,, 164 F. Supp. 549 (S.D.N.Y. 1958)

. . . Plaintiff, a seaman, sues for wages allegedly due him in the sum of $83.62 and for the statutory wage . . .

In BARNHARDT COAL LIMESTONE CO., 265 F. 385 (N.D. Ohio 1919)

. . . Payment was made of $88.15 for 'the three months ending June 30, 1918, and $83.62 for the three months . . .