Florida/Georgia Personal Injury & Workers Compensation

...all property of the lessee which is "usually kept on the premises." § 83.08, Fla. Stat. (1991). Such a lien is "superior to any lien acquired subsequent to the bringing of the property on the premises leased." § 83.08(2), Fla. Stat. (1991). Under section 83.09, "[n]o property of any tenant or lessee shall be exempt from distress and sale for rent, except beds, bedclothes and wearing apparel." [6] 2 G....

...which provides: "Every person to whom rent may be due, * * * shall have a lien for such rent upon the property found upon or off the premises leased or rented * * *." [3] See Fla. Stat. § 83.08, subsections (2) and (3), F.S.A. It is also notable that the answer failed to allege existence of an exception to Fla. Stat. § 83.09, F.S.A....

...d caused the Clerk to issue a distress writ. The Plaintiff's personal property was then seized pursuant to the Writ of Distress served by the Defendant, Sheriff of Dade County. The issue in this cause is whether the Florida Distress Statutes, 83.08, 83.09, 83.11, 83.12, 83.13, 83.14, 83.15, 83.18 and 83.19, are unconstitutional in that they permit and authorize the taking of property without due process of law. Section 83.08, Florida Statute provides for a landlord's lien for rent upon the property found upon or off the premises leased or rented with certain property of the tenant being exempt from distress (F.S.83.09)....