(1) A prejudgment writ of distress may issue and the property seized may be delivered forthwith to the plaintiff when the nature of the claim, the amount thereof, and the grounds relied upon for the issuance of the writ clearly appear from specific facts shown by the verified petition or by separate affidavit of the plaintiff.
(2) The prejudgment writ of distress may issue if the court finds, pursuant to subsection (1), that the defendant is engaging in, or is about to engage in, conduct that may place the claimed property in danger of destruction, concealment, removal from the state, removal from the jurisdiction of the court, or transfer to an innocent purchaser during the pendency of the action and that the defendant has failed to make payment as agreed.
(3) The plaintiff shall post bond in the amount of twice the estimated value of the goods subject to the writ or twice the balance of the outstanding account, whichever is the lesser as determined by the court, as security for the payment of damages the defendant may sustain if the writ is wrongfully obtained.
(4) The defendant may obtain release of the property seized under a prejudgment writ of distress by posting bond with surety within 10 days after service of the writ, in the amount of one and one-fourth the claimed outstanding account, for the satisfaction of any judgment which may be rendered against the defendant, conditioned upon delivery of the property if the judgment should require it.
(5) A prejudgment writ of distress shall issue only upon a signed order of a circuit court judge or a county court judge. The prejudgment writ of distress shall include a notice of the defendant’s right to immediate hearing before the court issuing the writ.
(6) As an alternative to the procedure prescribed in subsection (4), the defendant, by motion filed with the court within 10 days after service of the writ, may obtain the dissolution of a prejudgment writ of distress, unless the plaintiff proves the grounds upon which the writ was issued. The court shall set such motion for an immediate hearing.
History.—s. 1, ch. 77-249; ss. 32, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 40, 51, 52, ch. 90-339; s. 4, ch. 91-429.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 509 - Lodging and Food Service Establishments; Membership Campgrounds
Part I - Public Lodging and Public Food Service Establishments (Ss. 509.013-509.417)
509.035 - Immediate closure due to severe public health threat.
509.036 - Public food service inspector standardization.
509.039 - Food service manager certification.
509.049 - Food service employee training.
509.072 - Hotel and Restaurant Trust Fund; collection and disposition of moneys received.
509.091 - Notices; form and service.
509.098 - Prohibition of hourly rates.
509.102 - Mobile food dispensing vehicles; preemption.
509.111 - Liability for property of guests.
509.142 - Conduct on premises; refusal of service.
509.144 - Prohibited handbill distribution in a public lodging establishment; penalties.
509.151 - Obtaining food or lodging with intent to defraud; penalty.
509.161 - Rules of evidence in prosecutions.
509.162 - Theft of personal property; detaining and arrest of violator; theft by employee.
509.2015 - Telephone surcharges by public lodging establishments.
509.2112 - Public lodging establishments three stories or more in height; inspection rules.
509.213 - Emergency first aid to choking victims.
509.214 - Notification of automatic gratuity charge.
509.2151 - Dining facility firesafety requirement limitation.
509.221 - Sanitary regulations.
509.232 - School carnivals and fairs; exemption from certain food service regulations.
509.241 - Licenses required; exceptions.
509.242 - Public lodging establishments; classifications.
509.261 - Revocation or suspension of licenses; fines; procedure.
509.271 - Prerequisite for issuance of municipal or county occupational license.
509.281 - Prosecution for violation; duty of state attorney; penalties.
509.285 - Enforcement; city and county officers to assist.
509.292 - Misrepresenting food or food product; penalty.
509.302 - Hospitality Education Program.
509.4005 - Applicability of ss. 509.401-509.417.
509.401 - Operator’s right to lockout.
509.402 - Operator’s right to recover premises.
509.403 - Operator’s writ of distress.
509.404 - Writ of distress; venue and jurisdiction.
509.405 - Complaint; requirements.
509.406 - Prejudgment writ of distress.
509.407 - Writ of distress; levy of writ.
509.408 - Prejudgment writ; form; return.
509.411 - Exemptions from writ of distress.
509.412 - Writ; claims by third persons.
509.413 - Judgment for plaintiff when goods not delivered to defendant.
509.414 - Judgment for plaintiff when goods retained by or redelivered to defendant.
509.415 - Judgment for defendant when goods are retained by or redelivered to the defendant.
509.416 - Judgment for defendant when goods are not retained by or redelivered to the defendant.