Florida Statute 83.231 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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83.231 Removal of tenant; judgment.—If the issues are found for plaintiff, judgment shall be entered that plaintiff recover possession of the premises. If the plaintiff expressly and specifically sought money damages in the complaint, in addition to awarding possession of the premises to the plaintiff, the court shall also direct, in an amount which is within its jurisdictional limitations, the entry of a money judgment in favor of the plaintiff and against the defendant for the amount of money found due, owing, and unpaid by the defendant, with costs. However, no money judgment shall be entered unless service of process has been effected by personal service or, where authorized by law, by certified or registered mail, return receipt, or in any other manner prescribed by law or the rules of the court, and no money judgment may be entered except in compliance with the Florida Rules of Civil Procedure. Where otherwise authorized by law, the plaintiff in the judgment for possession and money damages may also be awarded attorney’s fees and costs. If the issues are found for defendant, judgment shall be entered dismissing the action.

History.—s. 8, ch. 6463, 1913; RGS 3549; CGL 5413; s. 34, ch. 67-254; s. 1, ch. 87-195; s. 4, ch. 93-70; s. 441, ch. 95-147.

Note.—Former s. 83.34.

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Amendments to 83.231

Annotations, Discussions, Cases:

Cases Citing Statute 83.231

Total Results: 7 | Sort by: Relevance | Newest First

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Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008).

Cited 24 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 503, 2008 Fla. LEXIS 1236, 2008 WL 2679160

...ion under chapter 83, Florida Statutes, it would have been required to plead separate counts for possession and damages, and the damages count would have been subject to the general Rules of Civil Procedure in their entirety, not section 51.011. See § 83.231, Fla....

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Premici v. United Growth Props., 648 So. 2d 1241 (Fla. 5th DCA 1995).

Cited 8 times | Published | Florida 5th District Court of Appeal | 1995 WL 18386

...Lewis Enterprises Corp. v. Smith, 445 So.2d 1032, 1035 (Fla. 5th DCA 1984). After awarding possession to United, the lower court should have tried all remaining issues before entering a final judgment. REVERSED and REMANDED. COBB and W. SHARP, JJ., concur. NOTES [1] Section 83.231 provides: 83.231 Removal of tenant; judgment....

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BYTE INTERN. v. Maurice Gusman Trust, 629 So. 2d 191 (Fla. 3d DCA 1993).

Cited 7 times | Published | Florida 3rd District Court of Appeal | 1993 WL 458949

...Before NESBITT, JORGENSON and GERSTEN, JJ. PER CURIAM. Byte International Corporation (Byte) appeals an award of attorney's fees and costs to the Maurice Gusman Residuary Trust in an action by the Gusman Trust, acting as landlord, to recover possession against the tenant Byte pursuant to section 83.231, Florida Statutes (1991)....

...Byte challenges the award of attorney's fees and costs on the ground that the statute, in derogation of the common law, does not authorize attorney's fees unless both possession and money damages are awarded. We agree with the trial *192 judge's ruling, and affirm the award of attorney's fees and costs. Section 83.231 provides in part: If the issues are found for plaintiff, judgment shall be entered that he recover possession of the premises....

...f real property and not also recovering money damages. Such a construction is entirely in accord with the legislative history of the enactment of this particular statute. The debate before the Florida House of Representatives on the final passage of section 83.231, Florida Statutes (1991) reflects this construction: Representative Renke: Under Section 1 on page 2 of the bill, the Florida Statute 83.231 provides that "the plaintiff in the judgment for possession and money damages may also be awarded attorney's fees and costs." Is the intent of that to allow the plaintiff to recover attorney fees in the case where he only goes for a judgment o...

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Florida Dep't of Health & Rehabilitative Servs. v. Morse, 708 So. 2d 640 (Fla. Dist. Ct. App. 1998).

Cited 1 times | Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 3190, 1998 WL 145060

Dr. Morse argues that the 1995 version of section 83.231, Florida Statutes, authorizes the award and

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Destiny Fulfilled Outreach Ministries, Inc. d/b/a Little Walker's at the Early Learning Ctr. v. Investments Swk, LLC (Fla. Dist. Ct. App. 2023).

Published | District Court of Appeal of Florida

Florida Rule of Appellate Procedure 9.400(b) and section 83.231, Florida Statutes (2022). We deny the motion

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Wenboy Ltd. P'ship v. Rockledge Bar-B-Q, Inc., 619 So. 2d 414 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 6076, 1993 WL 186543

the summary procedure provided in § 51.011. Section 83.231, Removal of tenant; judgment: If the issues

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Walgreen Co. v. Catlin, 650 So. 2d 94 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 438, 1995 WL 25767

attorney’s fees which the landlord had filed, citing section 83.231, Florida Statutes (1993). It may have been

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