Fla. Stat. 78.10
Writ; execution on property in buildings or enclosures

In executing the writ of replevin, if the sheriff has reasonable grounds to believe that the property or any part thereof is secreted or concealed in any dwelling house or other building or enclosure, the sheriff shall publicly demand delivery thereof; and, if it is not delivered by the defendant or some other person, the sheriff shall cause such house, building, or enclosure to be broken open and shall make replevin according to the writ; and, if necessary, the sheriff shall take to his or her assistance the power of the county. However, if the sheriff does not have reasonable grounds to believe that the property to be replevied is secreted or concealed in any dwelling house or other building or enclosure, the plaintiff may petition the court for a “break order” directing the sheriff to enter physically any dwelling house or other building or enclosure. Upon a showing of probable cause by the plaintiff, the court shall enter such “break order.”

Source: Section 78.10 — Writ; execution on property in buildings or enclosures, https://www.flsenate.gov/Laws/Statutes/2024/0078.10 (accessed Aug. 7, 2025).

78.01
Right of replevin 78.02
What may not be taken by replevin 78.03
Jurisdiction 78.08
Writ 78.10
Writ 78.11
Writ 78.12
Writ 78.13
Writ 78.18
Judgment for plaintiff when goods not delivered to defendant 78.19
Judgment for plaintiff when goods retained by or redelivered to defendant 78.20
Judgment for defendant when goods retained by, or redelivered to, defendant 78.21
Judgment for defendant when goods not retained by, or redelivered to, defendant 78.032
Venue 78.045
Writ 78.055
Complaint 78.065
Order to show cause 78.067
Order to show cause 78.068
Prejudgment writ of replevin 78.075
Order to show cause

Current through Fall 2025

§ 78.10. Writ; execution on property in buildings or enclosures's source at flsenate.gov

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Location: https://florida.public.law/statutes/fla._stat._78.10

Original Source: Section 78.10 — Writ; execution on property in buildings or enclosures, https://www.flsenate.gov/Laws/Statutes/2024/0078.10 (last accessed Aug. 7, 2025).

Fla. Stat. 78.10 Writ; execution on property in buildings or enclosures

Fla. Stat. 78.10
Writ; execution on property in buildings or enclosures