Writ of Possession
(Eviction) (FL)

This writ of possession may be used by a county clerk of court in Florida to direct the county sheriff to put a landlord that has evicted a tenant from residential or commercial real property in possession of that property. This template contains practical guidance and drafting notes. Upon the entry of a judgment for possession in an action for eviction in Florida, if the tenant remains in possession of the property, the plaintiff may request that the clerk of court issue a writ of possession. Fla. R. Civ. P. 1.580. The writ of possession directs the sheriff of the county where the property is located to put the landlord in possession of the property 24 hours after service of the writ. Fla. Stat. Ann. § 83.62(1).The writ of possession should be drafted by the landlord's attorney and submitted to the clerk of court for entry and execution. The writ must then be served by the sheriff, who charges a fee, typically about $100. When the sheriff executes the writ, the landlord or its agent "may remove any personal property found on the premises to or near the property line." After executing the writ of possession, the landlord "may request sheriff to stand by to keep the peace while the landlord changes the locks and removes the personal property from the premises[,]" and the landlord must pay the sheriff's reasonable hourly rate in order to stand by. Importantly, the statute provides that "[n]either 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." Fla. Stat. Ann. § 83.62(1), (2). This template complies with the template writ of possession set forth in Fla. R. Civ. P. Form 1.915. For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. For related templates see Motion for Default Final Judgment (Possession) (Eviction) (FL) and Final Judgment (Possession) (Eviction) (FL). For further guidance on the eviction process in Florida see Residential Eviction (FL), Commercial Eviction (FL), and Eviction Resource Kit (FL).