The Florida writ of possession form is a short court document you complete after a judge enters a Final Judgment for Possession in your eviction case, then file with the Clerk of Court so the sheriff can remove the tenant. You fill in the heading, the party names, the case number, and the property address; the clerk signs and seals the rest. The larger task is the sequence around it: making sure the judgment is in place, paying the clerk, and getting the signed writ to the Sheriff’s Office with their execution fee.
What Has to Be in Place Before You File
The writ is the enforcement step, not the starting point. Before the clerk will sign it, you need a Final Judgment for Possession entered by the judge in your eviction case.1The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord That judgment usually comes from one of three outcomes: a default when the tenant never responded, a summary judgment when the facts were undisputed, or a ruling in your favor after a hearing.
Read the final judgment carefully for a stay of execution. If the judge gave the tenant a specific number of days to leave voluntarily, you cannot request the writ until that period expires. Most routine residential evictions result in a judgment without a lengthy stay, so you can move to the writ as soon as the clerk records the final judgment.
Also confirm no motion for rehearing is pending in a way that affects execution. A tenant can file an emergency motion asking the judge to stop the sheriff, but granting it is at the judge’s discretion. While such a motion sits unresolved, the sheriff can still execute the writ unless the judge specifically orders a stay.
How to Fill Out the Writ of Possession Form
The form is simpler than most landlords expect. The Twelfth Judicial Circuit’s self-help instructions put it bluntly: complete the heading only, meaning names and case number.212th Judicial Circuit Court. Unlawful Detainer Instructions The clerk handles the boilerplate language when signing and sealing the document. Here is what goes in your handwriting or typing:
- Court heading. The county name, judicial circuit number, and case number exactly as they appear on your eviction complaint and final judgment.
- Party names. Your name as plaintiff/landlord and the tenant’s name as defendant, matching the original complaint. Mismatched names can cause the clerk to reject the form or create problems during execution.
- Property description. The full street address of the premises, including apartment or unit numbers for multi-family buildings. The Florida Bar’s standard form includes blank lines where you describe the property the sheriff is commanded to clear.3The Florida Bar. Florida Writ of Possession Form
- Landlord’s name in the command section. The form contains language commanding the sheriff to put the landlord in possession; you insert your name in that blank as well.
Get the form from your local Clerk of Court’s website or office rather than a generic legal forms site. Counties use slightly different formatting. Pinellas County’s version is pre-formatted for the Sixth Judicial Circuit, while Pasco County uses its own template with the same circuit designation.4Pinellas County Clerk of the Circuit Court. Florida Writ of Possession Form Using your county’s version avoids formatting rejections. Some clerks require multiple copies for their internal records, so call ahead or check the website.
Filing with the Clerk and Paying the Fee
Deliver the completed form to the Clerk of Court for the county where your case was filed. The clerk verifies the final judgment, signs the writ, and affixes the court seal.3The Florida Bar. Florida Writ of Possession Form Florida attorneys must e-file through the state’s electronic filing portal, but self-represented landlords can generally file in person at the clerk’s window.
The clerk’s charge is modest. A Florida Attorney General opinion found no specific statutory fee prescribed for this document under Section 83.62, though some clerks charge a small processing fee. Okaloosa and Duval Counties, for example, both list a $7.00 writ preparation fee.5Okaloosa County Clerk of Court and Comptroller. Evictions6Duval Clerk of the Circuit Court. Fee Schedules
Delivering the Signed Writ to the Sheriff
Once the clerk signs the writ, take it to the Sheriff’s Office in the county where the property sits. This is where the larger expense hits. The sheriff’s execution fee varies by county:
- Orange County: $90.00 per writ.7Orange County Sheriff’s Office. Court Services
- Sarasota County: $90.00 per writ ($40.00 service fee plus $50.00 execution fee), payable by check, money order, or exact cash.8Sarasota County Sheriff’s Office. Civil Procedures
- Miami-Dade County: $115.00 per writ per address, plus a self-addressed stamped envelope.9Miami-Dade County. Fees and Procedures for Court Services
Call your county’s Sheriff’s Office for the exact amount and accepted payment methods before making the trip. The sheriff’s fee is not waived by an indigency affidavit.212th Judicial Circuit Court. Unlawful Detainer Instructions
What the Sheriff Does Next
After you deliver the writ and pay the fee, deputies visit the property to post a 24-hour notice in a visible spot, usually the front door. The notice tells the occupants they have 24 hours to leave and take their belongings. Saturdays, Sundays, and legal holidays do not pause that clock. The 24 hours run continuously from the moment of posting.1The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord
If the occupants are still there when the 24 hours expire, the sheriff returns to physically remove them. You or your agent should be present. At the time of execution, you can change the locks and move any personal property left on the premises to or near the property line.1The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord You can ask the sheriff to stand by while you do that, though the sheriff may charge a reasonable hourly rate for standby service.
Once the writ is executed, neither you nor the sheriff is liable for loss or damage to the tenant’s property after it has been removed from the premises.1The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord The sheriff’s involvement ends, and you hold full legal and physical control of the property.
When Execution Can Be Blocked or Delayed
Two federal protections can interfere with execution even after your writ is signed and in the sheriff’s hands.
Tenant Files for Bankruptcy
A bankruptcy filing normally triggers an automatic stay that freezes most collection and eviction activity. However, if you already obtained your judgment for possession before the tenant filed the bankruptcy petition, the stay does not apply to continuing the eviction under 11 U.S.C. ยง 362(b)(22).10Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay A last-minute bankruptcy filing after judgment does not automatically stop the sheriff. The tenant would need to seek specific relief from the bankruptcy court, and you may need to file a certification with that court confirming the pre-petition judgment. If the tenant filed bankruptcy before the judgment was entered, the automatic stay likely applies and you must seek relief from the bankruptcy court before proceeding.
Tenant Is an Active-Duty Servicemember
The Servicemembers Civil Relief Act restricts evictions of active-duty military personnel and their dependents. A landlord cannot evict a servicemember from a primary residence without a court order, and the court has discretion to stay the eviction if the servicemember’s ability to comply is materially affected by military service. That stay can last for the duration of military service plus 90 days after discharge.11United States Courts. Servicemembers Civil Relief Act (SCRA) If you know or suspect the tenant is on active duty, raise the issue with the court before requesting the writ to avoid complications during execution.
Why You Cannot Skip the Writ
The writ exists because Florida law makes it illegal for landlords to take matters into their own hands. Under Section 83.67, you cannot change the locks, shut off utilities, remove doors or windows, or take the tenant’s personal property out of the unit to force them out.12The Florida Legislature. Florida Code 83.67 – Prohibited Practices Violating that rule exposes you to liability for the tenant’s actual damages or three months’ rent, whichever is greater, plus attorney’s fees, and a court can issue an injunction against you. The writ process, with its fees and waiting, is the only legal path to physically remove someone who will not leave.