Fla. R. Civ. P. 1.580

Writ of Possession

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RULE 1.580. 	WRIT OF POSSESSION
(a) 	Issuance. When a judgment or order is for the delivery of
possession of real property, the judgment or order shall direct the
clerk to issue a writ of possession. The clerk shall issue the writ
forthwith and deliver it to the sheriff for execution.
(b) 	Third-Party Claims. If a person other than the party
against whom the writ of possession is issued is in possession of
the property, that person may retain possession of the property by
filing with the sheriff an affidavit that the person is entitled to
possession of the property, specifying the nature of the claim.
Thereupon the sheriff shall desist from enforcing the writ and shall
serve a copy of the affidavit on the party causing issuance of the
writ of possession. The party causing issuance of the writ may
apply to the court for an order directing the sheriff to complete
execution of the writ. The court shall determine the right of
possession in the property and shall order the sheriff to continue to
execute the writ or shall stay execution of the writ, if appropriate.
Committee Notes
1980 Amendment. There was inadvertently continued the
difference between writs of assistance and writs of possession when
law and chancery procedure was consolidated. The amendment

eliminates the distinction. Writs of assistance are combined with
writs of possession. The amendment provides for issuance and the
determination of third-party claims. The only change is to shift the
burden of the affidavit from the person causing the writ to be
executed to the third person who contends that its execution is
inappropriate.

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