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Florida Statute 83.13 | Lawyer Caselaw & Research
F.S. 83.13 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 83.13

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
F.S. 83.13
83.13 Levy of writ.The sheriff shall execute the writ by service on defendant and, upon the order of the court, by levy on property distrainable for rent or advances, if found in the sheriff’s jurisdiction. If the property is in another jurisdiction, the party who had the writ issued shall deliver the writ to the sheriff in the other jurisdiction; and that sheriff shall execute the writ, upon order of the court, by levying on the property and delivering it to the sheriff of the county in which the action is pending, to be disposed of according to law, unless he or she is ordered by the court from which the writ emanated to hold the property and dispose of it in his or her jurisdiction according to law. If the plaintiff shows by a sworn statement that the defendant cannot be found within the state, the levy on the property suffices as service on the defendant.
History.s. 3, ch. 3721, 1887; RS 1765; GS 2241; RGS 3560; CGL 5424; s. 34, ch. 67-254; s. 3, ch. 80-282; s. 15, ch. 82-66; s. 8, ch. 83-255; s. 433, ch. 95-147; s. 5, ch. 2004-273.

F.S. 83.13 on Google Scholar

F.S. 83.13 on Casetext

Amendments to 83.13


Arrestable Offenses / Crimes under Fla. Stat. 83.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.13.



Annotations, Discussions, Cases:

Cases from cite.case.law:

TOLOWA NATION, v. UNITED STATES, 380 F. Supp. 3d 959 (N.D. Cal. 2019)

. . . . §§ 83.1 - 83.13. . . .

IN RE H. RAMOS,, 679 F. App'x 353 (5th Cir. 2017)

. . . The district court concluded that Ramos’s (1) failure to comply with Rule 83.13(b), even if based on . . .

JAMUL ACTION COMMITTEE, v. CHAUDHURI,, 200 F. Supp. 3d 1042 (E.D. Cal. 2016)

. . . . §§ 83.1-83.13. The JIV has not filed a Part 83 petition to become a federally recognized tribe. . . .

ARDEMASOV, v. CITIBANK, N. A., 14 F. Supp. 3d 39 (D. Conn. 2014)

. . . Id. 83.13(b). . . . R. 83.13(a). . . . R. 83.13(b). . . . R. 83.13(a)(2). . . . . R. 83.13(b). . . .

UNITED STATES v. ZEPEDA,, 738 F.3d 201 (9th Cir. 2013)

. . . . §§ 83.1-83.13 (noting procedures for establishing, that an American Indian group exists as an Indian . . .

YOUNGBERG, v. McKEOUGH, L., 534 F. App'x 471 (6th Cir. 2013)

. . . . § 83.13(a). Ms. . . . See 33 U.S.C. §§ 2013(a), 2034(c); 33 C.F.R. §§ 83.13(a), 83.34(c). . . .

MUWEKMA OHLONE TRIBE, v. SALAZAR, K., 708 F.3d 209 (D.C. Cir. 2013)

. . . . §§ 83.1-83.13). . . .

UNITED STATES v. ZEPEDA,, 705 F.3d 1052 (9th Cir. 2013)

. . . . §§ 83.1-83.13 (noting procedures for establishing that an American Indian group exists as an Indian . . . See 25 C.F.R. §§ 83.1-83.13; Greene v. Babbitt, 64 F.3d 1266, 1271-75 (9th Cir.1995). . . .

UNITED STATES v. ZEPEDA,, 705 F.3d 1052 (9th Cir. 2013)

. . . . §§ 83.1-83.13 (noting procedures for establishing that an American Indian group exists as an Indian . . . See 25 C.F.R. §§ S3.1-83.13; Greene v. Babbitt, 64 F.3d 1266, 1271-75 (9th Cir.1995). . . .

ALLEN, v. UNITED STATES, 871 F. Supp. 2d 982 (N.D. Cal. 2012)

. . . . §§ 83.1-83.13 (1994). . . .

M. FELTS, v. CLEVELAND HOUSING AUTHORITY,, 821 F. Supp. 2d 968 (E.D. Tenn. 2011)

. . . LR 83.13], he has a duty to monitor the progress of the ease and to prosecute the action diligently and . . .

BARBE, v. McBRIDE,, 740 F. Supp. 2d 759 (N.D.W. Va. 2010)

. . . Seibert for initial review and report and recommendation, pursuant to Rule 83.13 of the Local Rules of . . . December 22, 2009, the case was referred to the undersigned pursuant to 28 U.S.C. § 636 and LR PL P 83.13 . . .

CARO, v. WEINTRAUB, H. LLP,, 618 F.3d 94 (2d Cir. 2010)

. . . and over Caro’s objection, the district court relieved Day Pitney from Connecticut’s Local Civil Rule 83.13 . . .

AL- ADAHI, v. OBAMA,, 672 F. Supp. 2d 114 (D.D.C. 2009)

. . . . § 401(3) (2006); see also Local Rule 83.13(b) (noting the Court’s “inherent power of discipline for . . .

In O BRIEN, v., 414 B.R. 92 (S.D.W. Va. 2009)

. . . P. 83.13 (citing 28 U.S.C. § 157(a)). . . . Pursuant to 28 U.S.C. § 157(a) and Rule 83.13 of the Local Rules of Civil Procedure, Civil Action No. . . .

A. F. AL ODAH, v. UNITED STATES,, 606 F. Supp. 2d 141 (D.D.C. 2009)

. . . Resp’ts’ Mot. at 6 (citing Local Civil Rule 83.13(b)). . . .

In JONES, LLC. v., 397 B.R. 775 (S.D.W. Va. 2008)

. . . Local Rules 83.13. . . . .

In STEWART,, 391 B.R. 327 (Bankr. E.D. La. 2008)

. . . reflected the following charges: 6 payments @ 698.77 (8/1/01-1/1/02) $4,192.62 Accrued late charges (3) 83.13 . . . Escrow Payments 3 (2/1/04-4/1/04) @ $45.21 135.63 Additional Late Charges 3 (2/1/04-4/1/04) @ $27.71 83.13 . . .

A. BRYANT, v. YORKTOWNE CABINETRY, INCORPORATED,, 538 F. Supp. 2d 948 (W.D. Va. 2008)

. . . Grace, 401 F.Supp.2d 1065, 1068 (D.Mont.2005) ("Presumably, Local Rule 83.13 changed when the ABA Model . . .

UNITED STATES v. W. R. GRACE, R. A. W. J. J. O. C., 401 F. Supp. 2d 1065 (D. Mont. 2005)

. . . The government contends that such communications are permitted by Local Rule 83.13, which incorporates . . . Grace argues that ease law interpreting Local Rule 83.13 prevents the government from contacting former . . . However, the relevant law of the district in this case is Local Rule 83.13 establishing the standard . . . L.R. 83.13 incorporates the ABA Model Rules and the Montana Rules of Professional Conduct, and in the . . . The Court has had several opportunities to make any necessary amendments to L.R. 83.13 following the . . .

UNITED STATES v. W. R. GRACE, R. A. W. J. J. O. C., 401 F. Supp. 2d 1057 (D. Mont. 2005)

. . . argue that the statements violate (1) the Court’s orders in this case; (2) Local Rules 83.10(d)(6) and 83.13 . . . Defendants point out, I have already taken such steps generally by and through Local Rules 83.10 and 83.13 . . . Local Rule 83.13 Local Rule 83.13 requires that attorneys practicing before this Court adhere to the . . .

In RAYTECH CORPORATION PA, v. M., 319 B.R. 345 (Bankr. D. Conn. 2005)

. . . R. 83.13(c), made applicable by D. . . . R. 83.13(a)-(b) provides that generally an attorney and that attorney’s firm should not agree to represent . . . For the foregoing reasons, the objection is OVERRULED, the motion for prospective relief under Rule 83.13 . . .

UNITED STATES v. WASHINGTON S S, 394 F.3d 1152 (9th Cir. 2005)

. . . . §§ 83.1-83.13 (2003), the federal government decided on an ad hoc basis which groups of Indians would . . .

UNITED STATES v. WASHINGTON S S, 394 F.3d 1152 (9th Cir. 2005)

. . . . §§ 83.1-83.13 (2003), the federal government decided on an ad hoc basis which groups of Indians would . . .

In RAYTECH CORPORATION PA, v. M., 319 B.R. 342 (Bankr. D. Conn. 2005)

. . . R. 83.13(c), made applicable by D. . . . R. 83.13(a)-(b) provides that generally an attorney and that attorney’s firm should not agree to represent . . . For the foregoing reasons, the objection is OVERRULED, the motion for prospective relief under Rule 83.13 . . .

LONG TERM CAPITAL HOLDINGS, v. UNITED STATES, 330 F. Supp. 2d 122 (D. Conn. 2004)

. . . R. 83.13(c) and with the consent of the Government, the Court permitted McKee Nelson to remain as trial . . .

HARRY A. v. DUNCAN, v., 330 F. Supp. 2d 1133 (D. Mont. 2004)

. . . L.R. 83.13. . . .

NEW YORK, v. SHINNECOCK INDIAN NATION, K. II, W. Jr. A., 280 F. Supp. 2d 1 (E.D.N.Y. 2003)

. . . . §§ 83.1-83.13. . . .

UNITED STATES v. ACRES OF LAND, v., 45 F. Supp. 2d 187 (D. Conn. 1999)

. . . . §§ 83.1-83.13 (1998) (a group of Indians must show among other things that (a) they have been identified . . .

M. RAGSDALE T. v. S. APFEL,, 999 F. Supp. 814 (E.D. Va. 1998)

. . . Jackson as unearned income, under the presumed maximum value rule, the. lesser value of $83.13 (the presumed . . . Jackson’s countable income, which included the $83.13 in unearned income, exceeded the prescribed eligibility . . . Out of a total “income” of $216.13 per month, which consisted of a $133.00 VA pension and $83.13 imputed . . . The latter figure is comprised of a $145.00 monthly rental and $83.13 imputed unearned income, namely . . .

M. FREIER, v. D. FREIER,, 985 F. Supp. 710 (E.D. Mich. 1997)

. . . list copies made at the bar library ($10.25), Lopez Reproductions ($34.89) and miscellaneous copies ($83.13 . . . 9/96 435.00 MCI-long distance 9/16/96 268.59 MCI-long distance 10/8/96 148.65 Sprint—long distance 83.13 . . .

BECKLESS, v. S. CHATER,, 909 F. Supp. 575 (N.D. Ill. 1995)

. . . Applying the PMV rule, the SSA deducted $83.13 (the PMV at the time) from Ms. . . . Jackson’s payments for shelter were $145.00 in cash rent plus $83.13 in unearned income for a total of . . . $228.13 out of $216.13 of income ($133.00 VA pension benefit plus $83.13 unearned income). . . .

GOLDEN HILL PAUGUSSETT TRIBE OF INDIANS, H. Jr. v. P. WEICKER, Jr. Co. HOFFMAN FUEL CO. v. GOLDEN HILL PAUGUSSETT TRIBE OF INDIANS H. Jr. P. Jr,, 39 F.3d 51 (2d Cir. 1994)

. . . . §§ 83.1-83.13 (1994). . . .

RUPPERT, Lo v. BOWEN,, 871 F.2d 1172 (2d Cir. 1989)

. . . the market value of her housing and the rent she paid (or, more precisely, the PMY amount, which was $83.13 . . . The court reasoned that Jackson’s purchasing power had not been increased by $83.13 because the marginal . . .

RODRIQUEZ M. M. v. R. BOWEN, M. D., 865 F.2d 739 (6th Cir. 1989)

. . . (MB) § 83.13(c) (1988) for an exhaustive list of different approaches found in various states. . . .

EXECUTIVE GROUP MANAGEMENT, INC. a d b a v. DANYALE, INC. a, 528 So. 2d 135 (Fla. Dist. Ct. App. 1988)

. . . without prejudice to the appellant to file a new writ of distress action under Sections 83.11, 83.12, 83.13 . . .

C. BEAUMONT, A. v. AMERICAN CAN COMPANY, Jr. T. Jr. A. D. E. A. R., 621 F. Supp. 484 (S.D.N.Y. 1985)

. . . At a special shareholders’ meeting held on March 26, 1982, 83.13% of the outstanding Associated shares . . .

DAVIS, v. KEETO, INC. d b a, 463 So. 2d 368 (Fla. Dist. Ct. App. 1985)

. . . Larson, The Law of Workmen’s Compensation § 83.13(d) (1983). . . .

MERKEL, M. v. SCOVILL, INC., 590 F. Supp. 529 (S.D. Ohio 1984)

. . . Unger 2.00 35 70.00 66.50 16.63 83.13 W. . . .

JACKSON, v. SCHWEIKER,, 683 F.2d 1076 (7th Cir. 1982)

. . . This is so because the $83.13 is neither “saved” nor available to pay any non-shelter expenses; if it . . . The regulation provides that the presumed in-kind income will be counted up to a maximum of $83.13 in . . . Of this amount, $145.00 plus $83.13, or $228.13, would be committed to covering shelter costs. . . . In the instant case, the “cut-off” of in-kind income at $83.13 has no effect since, whether valued at . . . $105 or $83.13, the imputed income results in Jackson’s loss of SSI benefits. . . .

NUNEMAKER, v. SEC. HEW USA,, 679 F.2d 328 (3d Cir. 1982)

. . . from the Secretary of Health and Human Services (“Secretary”) that her benefits would be reduced by $83.13 . . . presumed to be one-third of the [monthly] payment standard,” Nunemaker’s benefits were reduced by $83.13 . . . taking one-third of Nunemaker’s monthly benefit rate of $189.40, or $63.13, and adding $20.00 to reach $83.13 . . .

USHER, v. S. SCHWEIKER,, 666 F.2d 652 (1st Cir. 1981)

. . . Since Dolan could not rebut the presumed maximum value, she was charged with $83.13 of unearned income . . . The amount of the reduction ($83.13) was greater than the amount of benefits that she was receiving ( . . .

WEISS, v. SCHWEIKER,, 519 F. Supp. 763 (S.D.N.Y. 1981)

. . . hereinafter “the Secretary”), which reduced plaintiff’s monthly Supplemental Security Income benefits by $83.13 . . . April 4,1979, found that plaintiff’s benefits had been properly reduced due to the presumed receipt of $83.13 . . . The SSI payment of $19.42 per month was calculated as follows: $167.70 Retirement Insurance Benefits 83.13 . . .

CALIFORNIA v. ARIZONA, 452 U.S. 431 (U.S. 1981)

. . . S 02°16/55" W 83.13 feet; 690. S 14°23'28" E 251.35 feet; 691. S 08°12'25" E 193.98 feet; 692. . . .

TORNABENE, a v. GENERAL DEVELOPMENT CORP. GDC,, 88 F.R.D. 53 (E.D.N.Y. 1980)

. . . If the class is taken to consist of 36,000 members, then each class member received only $83.13 worth . . .

B. PHILLIPS R. d b a A H v. GUIN HUNT, INC., 344 So. 2d 568 (Fla. 1977)

. . . In accordance with Sections 83.12 and 83.13, Florida Statutes, a deputy clerk of Orange County, Florida . . . However, we find Section 83.13 constitutional on its face though unconstitutional as applied in the court . . . Section 83.13, Florida Statutes, provides for service by posting “if the defendant cannot be found.” . . . It then concludes that the procedure embodied in Section 83.13, Florida Statutes, is unconstitutional . . . Assuming the defendant cannot be found within the state of Florida, Section 83.13, Florida Statutes, . . .

COALITION FOR EDUCATION IN DISTRICT ONE v. BOARD OF ELECTIONS OF CITY OF NEW YORK, 370 F. Supp. 42 (S.D.N.Y. 1974)

. . . JHS 71 27 63 60-100% 83.13% ED line redrawn along 600 East 6 Street border of 28th ED and along border . . .

STROEMER, a v. L. SHEVIN,, 399 F. Supp. 993 (S.D. Fla. 1973)

. . . The issue in this cause is whether the Florida Distress Statutes, 83.08, 83.09, 83.11, 83.12, 83.13, . . . (F.S. 83.13). . . .

PENUEL, v. CENTRAL CRANE SERVICE,, 232 So. 2d 739 (Fla. 1970)

. . . Of this sum $83.13 w^s earned during the work-week prior to his death. . . . Claims was correct in holding that the “full-time weekly wages” under Fla.Stat. § 440.14(3), F.S.A. was $83.13 . . . evidence to sustain the finding of the Deputy Commissioner that the average weekly wage of decedent was $83.13 . . . The finding that the average weekly wage of decedent as $83.13 was fully justified. . . .

UNITED BISCUIT COMPANY OF AMERICA, v. FEDERAL TRADE COMMISSION,, 350 F.2d 615 (7th Cir. 1965)

. . . 7.86 ,_ Tobe’s Super Market 439.88 6 26.39 — Wally’s Fifth Avenue Mart 33.19 2 .66 1.33 Chains: A&P 83.13 . . .

C. v., 43 T.C. 443 (T.C. 1965)

. . . $980)_ 245.00 Clothing, furniture, and toys_ 217. 55 Diaper service_ 151.62 Milk_ 90. 00 Medicine_ 83.13 . . .

TWOMBLY TREE EXPERTS, INC. v. THE UNITED STATES, 168 Ct. Cl. 921 (Ct. Cl. 1964)

. . . clearing and grubbing 1.68 acres additional to the acreage required by the terms of the contract, plus $83.13 . . .

OVER ASSOCIATION, INC. v. BLATT, 118 So. 2d 71 (Fla. Dist. Ct. App. 1960)

. . . Section 83.13, Fla.Stat., F.S.A., provides that the distress warrant shall be executed by service on . . .

CONCRETE BLOCK WALL COMPANY, a v. KNAP,, 102 So. 2d 742 (Fla. Dist. Ct. App. 1958)

. . . Section 83.13, Fla.Stat., F. . . .

LOVERIDGE, v. BUEHLER,, 12 Fla. Supp. 120 (Brevard Cty. Cir. Ct. 1957)

. . . Section 83.13 provides for the levy of the distress warrant upon property liable therefor. . . . already in the hands of the sheriff under the levy of the distress warrant provided for in section 83.13 . . .

GRIFFIN v. TRAVELERS INS. CO., 122 F.2d 395 (9th Cir. 1941)

. . . On June 13, 1939, the insured procured loans of $83.13 each on the second and third policies. . . .

BRUIN COAL CO., 1 B.T.A. 83 (B.T.A. 1924)

. . . Later, the taxpayer filed a completed return for the year 1918, which showed the total tax due to be $83.13 . . .